Duncan Lewis Solicitors' recent High Court success in a landmark special educational needs and disabilities (SEND) exclusion case has been featured in both Local Government Lawyer and Solicitors Journal.
The coverage follows the High Court's judgment on 5 August 2026, which quashed the permanent exclusion of "Henry", a primary school pupil with complex SEND, in R (HVF) v Lift Schools [2026] EWHC 2088 (Admin). The ruling found that the Governors' Discipline Panel (GDP) had failed to carry out the proportionate assessment required by law before deciding that permanent exclusion was justified, and that the reasons given were inadequate.
The case concerned an incident in July 2025 in which Henry, then aged 10, brought a replica butterfly knife into school and handed it to another child during an altercation. Although school staff quickly intervened and confiscated the item, the Principal decided to permanently exclude Henry, a decision subsequently upheld by both the GDP and, on review, an Independent Review Panel (IRP).
The High Court held that permanent exclusion is a measure of last resort, and that decision-makers must demonstrate a careful, evidence-based assessment of proportionality before reaching such a decision, particularly where a child has SEND. The judgment also raised concerns about the handling of CCTV evidence during the exclusion process and identified areas where the Department for Education's statutory guidance could be clarified.
Henry was represented by Duncan Lewis Solicitors' Public Law team, led by Angelo Monni, assisted by Nadia Roberts and Freya Wainstein. Counsel for the claimant were Ollie Persey and Rosa Thomas of Garden Court Chambers' Education Law Team.
Commenting on the significance of the judgment, Angelo Monni said the ruling was an important one for children with SEND, their families and schools across England, making clear that permanent exclusion cannot be justified without a careful, evidence-based and proportionate assessment of the risks involved and the impact exclusion can have on a child.
The case has since attracted attention from the legal and education press, with both Local Government Lawyer and Solicitors Journal covering the judgment and its implications for schools, academy trusts and local authorities.
Click here to read the full article here: Local Government Lawyer.
Click here to read the full article here: Solicitors Journal.
The claimant was represented by the Public Law team at Duncan Lewis, led by Angelo Monni and supported by Nadia Roberts and Freya Wainstein, with counsel Ollie Persey and Rosa Thomas of Garden Court Chambers' Education Law Team.
About Duncan Lewis
Duncan Lewis is one of the UK's leading legal aid providers, multi award-winning and renowned for its exceptional legal services and commitment to justice. The firm employs a team of highly skilled solicitors offering top-tier representation across 25 fields of law, and is ranked as top tier by the Chambers and Legal 500 legal guides, as well as being named one of the top 250 law firms in the country by the Times.
Duncan Lewis' Public Law team is ranked top tier in both Chambers & Partners and The Legal 500 UK, with particular expertise in education law, judicial review and cases involving children and young people with SEND.