How to appeal a managed move termination

Managed moves can offer a fresh start to pupils who have struggled at their existing school but, unfortunately, they do not always run smoothly. In some cases, a receiving school will seek to terminate a managed move and send the child back to their old school.

Termination of a managed move can have devastating consequences for a child’s education and could even put them on a path to permanent exclusion. Parents need to be aware that there are things they can do to fight a managed move termination, including appealing the decision.

This blog will cover common questions parents and pupils may have, including what a managed move is, whether it is permanent, what happens if it fails, your right to appeal a managed move termination and how our specialist education lawyers can help.

The information given here is intended for general information purposes only and should not be taken as legal advice.

For specific guidance relevant to your situation and to arrange an initial fixed fee education law consultation to discuss a managed move or school exclusion, please contact our education law legal administrators, Kinjal or Rachael, on 01895 207 961, or email at educationteam@ibblaw.co.uk.

What is a managed move?

A managed move is a process a school can use to transfer a child to a different school to continue their education. A school managed move should be voluntary and only carried out with the agreement of the parents. It would normally happen after a child has spent time being educated elsewhere on a temporary basis as part of an ‘off-site direction’.

Managed moves must be in your child’s best interests rather than those of the school and you should not be pressured into agreeing to one. For parents concerned about how their child’s school is going about moving their child, you can read here about the practice of off rolling in schools.

Is a managed move permanent?

Yes, a managed move is intended to be a permanent transfer of a child to a new education provider. This must be made clear to you before agreeing to the move.

However, the student will remain on the roll of their original school as well as being registered at their new school. Because children will be ‘dual registered’ in this way following a managed move, the new school can choose to terminate the managed move and send the student back to their original school.

What happens if a managed move fails?

While managed moves can provide a good opportunity for pupils, the sad reality is that they do not always work out. If the new school is not able to effectively deal with the issues affecting a child that led to the managed move, then those issues could be repeated leaving the pupil no better off than they were at their old school.

If the new school feels the pupil is not meeting their expectations, they can terminate the managed move and send the child back to their previous school. This is sometimes referred to as a ‘managed move termination’.

On what grounds can a managed move be terminated?

Something parents and pupils need to know about school managed moves is that, if the receiving school decides to send the child back to the transferring school, they do not need to go through the same rigorous process that would be required for a permanent exclusion. This means that a school managed move termination can, theoretically, occur for much less serious reasons than a permanent exclusion.

What are my rights if my child’s managed move is terminated?

If a receiving school chooses to terminate your child’s managed move, then they should:

• Give suitable notice that they intend to terminate the managed move
• Provide reasons for this decision in writing
• Give you the opportunity to make representations on your child’s behalf
• Provide an opportunity to appeal the decision

In the event that your school managed move is at risk of termination, it is strongly advised to seek expert legal advice to ensure you can protect your child’s education.

How to appeal a managed move termination

There a several steps you can go through to appeal a school managed move termination.

Firstly, you should use the school’s formal complaints process to raise the issue with the board of governors. The governors will review the decision and can overturn it if they feel terminating the managed move is not justified.

If the board of governors uphold the school’s decision, then you can appeal to your local authority who will review the decision and decide whether terminating the managed move is the right outcome.

In the event that the local authority accepts the school’s decision to terminate the managed move, then you can refer the matter to the Local Government Ombudsman for review. The ombudsman can overturn the school’s decision but there is no guarantee that this will be the outcome.

If you are planning to appeal a managed move termination, getting expert legal support can significantly increase your chances of success.

Is there a specific timeframe for submitting an appeal?

Your child’s school should advise you on any time limit for submitting and appeal and how long the process will take.

If you need to take a complaint to the Local Government Ombudsman, you should do so promptly.

Are there legal protections against unfair termination of a managed move?

There are no statutory protections for how a managed move termination is handled, but there is an accepted principle that the process should be handled fairly. As set out above, this means you should be given reasonable notice, with the reasons for the termination in writing and that you have the right to appeal the decision.

How can IBB Law’s education law solicitors help me to appeal a managed move termination?

Facing the termination of a managed move can be very stressful and worrying for a family, but it is important to understand that you do have options, including the right to appeal. Having legal guidance and support can help you to make sure your child’s best interests are protected and give them the best chance of getting the education they need.

At IBB Law, we can review your situation with you and advise you on your options, including whether you are likely to have a good basis for an appeal. We can assist with preparing your case, making sure you have all of the necessary supporting evidence.

Our education law experts can be by your side through the entire process of appealing a managed move termination, giving you confidence that you have tried everything to protect your child’s education.

Get in touch for help with how to appeal a managed move termination

The information given here is intended for general information purposes only and should not be taken as legal advice.

For specific education legal advice for parents on issues relating to managed moves, school suspensions, school exclusions and off rolling and to arrange an initial fixed fee education law consultation, please contact our education law legal administrators on 01895 207 961, or by email at educationteam@ibblaw.co.uk.