Education law: Excluding the child

Education law in England and Wales has remained largely immune from the general trend in social welfare legislation to accord children and young people of independence of status and provide opportunities for their participation in some of the decisions that relate to them. This article examines the extent of the denial of children's rights in this context. It focuses, in particular, on the areas of special educational needs and exclusion from school, including the relevant appeal processes. It sees, in developments in Scottish legislation, more positive signs and expresses the hope that similar progress will follow south of the border.