Aldwych Legal acted for James Carter, a 14-year-old pupil at Hutton Grammar School in Preston, Lancashire, engaging education law advice in Preston., and his mother, Mrs Carter, after the school permanently excluded him following an April 2024 incident in which he intervened in a fight and admitted striking a Year 11 student. The matter concerns Education Law and the pupil’s right to education and fair process.
What Happened
James joined the school in 2021. By 2023 he had two suspensions—one for an altercation outside school and another for kicking a peer who teased him. Both suspensions were short and accompanied by monitoring periods, during which he generally complied with the school’s behaviour policy.
The pivotal incident occurred in April 2024 when James intervened in a fight between other students. He admitted hitting one Year 11 student during the clash; he later clarified his involvement and asserted that his actions were in defence of a friend. Witnesses supported his account, disputing key allegations that he restrained another student from defending himself. The school nonetheless relied on the single act as the basis for permanent exclusion.
Legal Issues
- Permanent exclusion as a last resort under the Education Act 2002 and the Department for Education’s Guidance on Exclusions (2017).
- Proportionality and fairness; context of the incident; evidence-based decision; right to education.
- Duty to communicate concerns and avoid undue external pressure or bias in the investigation.
- Fundamental rights under the European Convention on Human Rights, notably Article 2, Protocol 1 (Right to Education).
Our Approach
We issued a Pre-Action Protocol letter and engaged in targeted correspondence to challenge the decision. Our team gathered witness statements and reviewed the investigation for consistency and impartiality. We proposed a structured reintegration plan, emphasising counselling, behavioural support, ongoing monitoring, and mentorship, while seeking a fair re-evaluation of the exclusion under the school’s policy and the CPR/Pre-Action Protocol framework.
The aim was to achieve a proportionate resolution that kept James in education and supported his development rather than a punitive outcome.
Outcome
The school agreed to reopen the matter for reconsideration and to adopt a structured reintegration plan, including pastoral support and ongoing monitoring, avoiding permanent exclusion where possible. This preserved James’s educational trajectory and provided a constructive path forward for his development.
Result / Why It Matters
Aldwych Legal’s experience in education disputes ensures a measured, rights-based approach that defends students’ right to education while promoting proportional, fair responses to behavioural concerns.
