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Michael Etienne (instructed by Just For Kids Law) for the Claimant Alexander Line (instructed by Legal Services) for the Defendant The Interested Party did not appear and was not represented Hearing date: 5 April 2022 ____________________
ii) The Governing Body erred in law by conducting a review of its earlier decision, instead of considering the matter "afresh", as advised in the Department for Education's Schools Exclusion Guidance, at paragraph 176.
iii) In the light of the findings of the Independent Review Panel ("IRP") in its letter of 1 April 2021, the decision to exclude A Pupil could not be lawfully or rationally maintained by the Governing Body.
iii) The Department for Education's School Exclusion Guidance, at 3.1, that any decision to exclude must be lawful, rational, reasonable, fair and proportionate.
It does not advise that a risk assessment should be carried out prior to exclusion.
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