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Lauren Fullerton and Arran Dowling-Hussey have written an article on the high court Judgement R (HVF) v Lift Schools [2026] EWHC 2088 (Admin)

The High Court’s judgment in R (HVF) v Lift Schools [2026] EWHC 2088 (Admin) provides important guidance on permanent exclusion where a disabled child’s behaviour may reflect unmet Special Educational Needs and Disabilities (SEND).

The judicial review concerned the permanent exclusion of a ten-year-old primary school pupil, referred to in the judgment as ‘Henry’. The Court found the academy trust’s decision-making unlawful and criticised the exclusion decision as “lacking in reasons and analysis”.

The judgment highlights the importance of properly considering and evidencing proportionality when excluding disabled pupils. It also underlines the need for families to prepare relevant SEND and risk-assessment evidence at an early stage, while local authorities should expect increased scrutiny where exclusion or placement decisions are inadequately reasoned.

Lauren Fullerton and Arran Dowling-Hussey examine the judgment and its practical implications for schools, families and local authorities in their latest article, please click here to read the full article.

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    Lauren Fullerton
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    Arran Dowling-Hussey

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