In this episode of the Kids Law podcast, Alma-Constance and Lucinda explore a complex and emotional area of children’s rights: school exclusions.
What happens when a child is excluded from school? Why does it happen so often? And what does the law really say?
To answer these questions, they speak to Florence Cole, an education solicitor at Harrow Law Centre, who has spent her career representing children and families facing exclusion. Florence reveals a side of education that few people see, where legal advocacy can change the course of a child’s life.
Fighting for Fairness in Education
Florence began her career working with young people at Alone in London and Streetwise Community Law Centre, where she discovered her passion for education law. She represented gypsy traveller children who were being excluded more than any other group, which opened her eyes to how unfair the system can be.
She has since spent more than a decade at organisations such as Just for Kids Law and Harrow Law Centre, helping families navigate exclusions, discrimination, and special educational needs (SEN) cases.
Florence’s caseload is filled with stories that show how quickly young people can fall through the cracks. She has represented children as young as five who were permanently excluded from school, often for behaviour linked to trauma, unmet needs, or undiagnosed conditions like autism and ADHD.
One five-year-old boy she worked with had witnessed domestic abuse and been moved between homes several times. His distress at school led to outbursts that teachers couldn’t manage. Instead of being supported, he was excluded.
“I managed to get him into a setting that could support his needs, and give him the therapy that he actually needed,” explains Florence.
Another case involved a five-year-old whose school called the police after a classroom meltdown. After Florence intervened, the school reversed the exclusion and later pledged never to permanently exclude a child that young again.
Behaviour, Trauma and Misunderstanding
Many children who are excluded, Florence explains, are not “naughty”, but rather are struggling. Their behaviour often reflects difficult circumstances at home: poverty, neglect, violence, or instability.
She recalls representing a nine-year-old boy who kept falling asleep in class. Teachers saw this as laziness, but Florence discovered he was living in an overcrowded home, his mother was in prison, and a violent break-in had terrified the family.
“You can’t just look at a child and think they’re naughty,” she says. “You have to look at the intersectionality of a child, to see what’s going on.”
Schools, she adds, face real challenges. Teachers are not social workers and often juggle hundreds of pupils. But policies exist, such as those on special educational needs and behavioural support, and following them properly can make all the difference.
The Hidden Cost of Exclusion
When a child is permanently excluded, they’re usually sent to a pupil referral unit (PRU), an alternative provision school. While some PRUs offer excellent support, Florence says most do not.
Being excluded can trigger a chain reaction: family stress, mental-health issues, and even increased vulnerability to criminal exploitation, a phenomenon called the ‘school-to-prison pipeline’. Children who feel rejected are more likely to be groomed by older people offering friendship or gifts.
She has seen bright students lose access to most of their subjects and spend years trying to rebuild their education. Even internal exclusions, where pupils are isolated in separate rooms, can have devastating psychological effects.
“During the lockdown, a young person described [isolation], saying that ‘everybody has experienced isolation in the lockdown,’ this is what it feels like being excluded.”
Why Families Struggle to Fight Back
Challenging an exclusion is legally possible, but emotionally and practically difficult. Parents often receive exclusion letters late or don’t understand the appeals process. Many go before governing bodies alone, overwhelmed and unsure how to argue their case. Since legal aid for permanent school exclusions was cut in 2012, far fewer families can access professional help.
At Harrow Law Centre, just two staff members and a trainee handle a flood of calls every week, even from families outside London with nowhere else to turn. Even with guidance, some cases take a long time to resolve due to tribunal backlogs and lack of resources.
Despite these challenges, there are legal protections for children with special educational needs and disabilities (SEND). These include:
- The Equality Act 2010, requiring schools to make ‘reasonable adjustments’.
- The Children and Families Act 2014, which sets out Education, Health and Care Plans (EHCPs).
- The SEND Regulations 2014, which ensure timelines and procedures are followed.
However, Florence notes that knowing these rights is only part of the battle.
“Legislation is there and it’s in place to try and protect, and try and enforce,” she says, “But on the ground it’s something completely different, when you’re working in it on a practical level.”
Advice for Young People
Florence’s message for children facing problems at school is: don’t stay silent.
“If you’ve got a trusted adult that [you] can speak to, then please go and speak to that person,” she urges. “And if [you’re] not very good at communicating, journal, so write your feelings out.”
She reminds young listeners that trusted adults have safeguarding duties, meaning they must act if a child is unsafe.
For young people inspired by Florence’s work, she recommends learning more about education law, contacting local law centres, or volunteering with youth organisations like Just for Kids Law. Some centres run young ambassador programmes, where young people who’ve faced exclusion help others in similar situations.
Understanding Law Empowers Young People
This episode of Kids Law shows that even when things go wrong at school, you still have rights, and people who can help you stand up for them. Whether you’re facing challenges in education, worried about a friend, or just curious about how children’s rights work, learning about the law can make you feel more confident and empowered.
Want to find out more about how the legal system supports young people and their futures? Visit https://kidslaw.info and explore more episodes of the podcast.