exclusion from school

[shayan]

Dear all
I would very much appreciate some advice is its available.

My nephew has come to England from Iran. He has indefinate leave to remain. He returned to England with his parents who lived here for 30 years but went back to Iran when my nephew was 5yrs old. They are now back and glad of it.

The parents applied to the local council for a school place. One was offered. However the offer has now been retracted on the basis that the school feel 'he would not be able to catch up with gcse's and may fail (as it is a two year course and my nephew is 15).

My nephew was a high achiever in Iran and has brought certificates and academic references. He has been offered a place in a Pupil Parent Partnership school which I have researched and understand to be for children excluded from school because of social(in trouble with the law) / emotional reasons/ . this would certainly not be the right place for him and I would be deeply concerned about him being ther. it distresses all concerned.

Does anyone know thelegal perspective around this case? from what I gather this is a breach of human rights and no child should be excluded from school on the basis the school fear they may not pass exams.

We are beside ourselves and dont know what to do.

Remind the LA of paragraph 1.50 of the Admissions Code. Once a place has been offered there are only limited grounds on which it can be withdrawn. The school feeling he may fail his GCSEs is not a good enough reason. If the LA dig their heels in the parents should lodge an appeal and argue that withdrawing the offer is a clear breach of the Admissions Code.

A couple of further points. Since the parents have applied to the LA for a place for their son, the LA is required to find one for them.

Also, if a school has a place available (which this one clearly has) and parents apply to send the child there, the place must be offered by law. Unless this is a selective school they have no choice.

You don't need to get into human rights here. This is a straightforward breach of education law and the Admissions Code (which has the force of law). As far as I can see the school doesn't have a leg to stand on.

Cannot common sense prevail. The lad is 15 so presumably Y10 or 11. It is not yet October 1/2 term. The best thing for both the boy and the school's results must surely be to put him in Y10 even if that is a year younger than his actual age should dictate. What on earth is wrong with the system when such idiocies are allowed to continue. This should have nothing to do with human rights and everything to do with having the capacity to think just a little along practical reasonable lines.

Dear all

Thank you so so much for the replies. This was so helpful. trawling through information can be a mind field. To find there is one simple sentence in the Admissions code which helps us so much was like finding a pot of gold this morning.

Thank you to Mums net,((((prh47bridge ))))) and onceamai - I too think it common sense to put the lad in year 10! I hope there is commmon sense left and will be suggesting it.

I will let you all know the outcome as I have replied to thier email today.

Many thanks

Of course common sense says accept the boy into y10 but the schools are in a position where they are constantly being judged by ks4 exam results ... so if they can avoid taking someone who would have a negative impact on that they will

This is pretty disgusting - discriminating against a child is bad enough and it would appear that it's solely on the grounds of league tables.

If quoting bits of legislation at the school doesn't work I suggest the "nuclear option" of an interview with the local paper (perhaps a day or two after emailing details of the case to the local mp).

TALKER, "Someone who WOULD have negative impact"? You mean who MAY have a negative impact surely? If the kids bright and motivated there's a fair chance he'll ace the exams and put some of the locals (whom I'm sure the school would also dearly love to consign to the dustbin), to shame!

47bridge is right in every aspect. Push for entry in year 10. The term has only just got under way. If he is as bright as you say and the school is any good (and low on disruptions in class) then, he cant help but succeed I had a bot from Israel with little english come half way through yr9 being the EAL tutor was my job to gey him up to steam in the english language. His teacher in year 10 later said no way would he get even a D in English( his maths was brilliant). I gave him extra eng lessons and he achieved a C in English language. He has since gone on to higher eduction passed his A levels and was taken on by an internationally known technical electronic company. Push for the year 10 class. Good Luck