A 13-YEAR-old boy was illegally expelled from one of Sheffield's two City Academies, an independent panel has ruled – bringing an end to a year-long legal battle.
Grant Turner was sent home from classes at Sheffield Springs Academy in September last year after it was claimed he had assaulted members of staff.
But his mother Coral Grant never received any official word from the school on whether Grant had been temporarily or permanently excluded.
"I was told the academy didn't want him back but officially he hadn't been excluded. He was left in a legal limbo for months on end," said Coral of Atherton Road, Arbourthorne.
"They expected me to go away and find Grant another school – but their actions deprived me of my right to appeal against their decision."
Legal action began in November and reached the High Court in April – which finally led to Grant being formally excluded from Springs.
That meant Mrs Grant was at last free to appeal against the decision before an independent appeal panel, which heard the case in August.
It has now ruled in the family's favour – finding Grant's behaviour was not serious enough to justify permanent exclusion and that a 15-day suspension would have been appropriate.
Springs is to pay Mrs Grant's legal costs, with the panel expressing concerns over the academy's policy of 'informal exclusion'. Government education officials will now meet representatives from the United Learning Trust, which runs the academies, after finding Grant's exclusion was also in breach of their guidelines.
Specialist education lawyer James Wilson, who represented the family, said he estimated the case had cost the academy £25,000 in time and expenses.
"The law here is beyond doubt - informal or unofficial exclusions are illegal. Headteachers are not allowed to send children home for disciplinary reasons and then forget about them," he said.
Mrs Grant said she felt that, if the council had still been in control of the school, the problem would never have arisen.
"I know of other pupils at the academy who have been unlawfully excluded and who are only attending school for an hour each day.
Parents need to be aware if the academy is not following the law," she added.
It is the second time in two years that Springs has been criticised for its pupil policies.
Last September it was rapped by the council for axing 17 truanting pupils from its register without permission, leaving their education in the hands of the local authority.
Mr Wilson said Springs had been praised in its latest Ofsted inspection report for substantially cutting its exclusion levels, with only 65 days of learning officially lost in 2007/8.
"If Grant's lost time had been included in the records, that figure would have increased by at least 150 days," he added.
Coun Andrew Sangar, Cabinet member for children's services, said the case was very serious.
"It is not acceptable for young people in Sheffield to be treated in this way, and I hope the ULT has learnt from this experience," he said.
A spokesman for Sheffield Springs Academy said he did not wish to comment on individual cases.
"The academy works extremely hard with the parents of all our students to ensure they learn in a safe, caring and supportive environment," he said.
"As parents would expect it takes all assaults seriously, particularly those on members of staff. If there are incidents of a serious nature the academy meets parents immediately with a view to maintaining communication on all sides and working closely with parents.
"The academy has a strong and supportive relationship with Sheffield Council. In common with other schools in Sheffield, the academy has adopted the council's protocols which are intended to avoid permanent exclusion by ensuring the continuity of a child's education where serious incidents occur."
During his time away from Springs, Grant was taught at the council's Riverside inclusion centre, and he is soon to start a new school career at Meadowhead.
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