School Inclusion Project Meeting – The EHRC’s New Technical Guidance for Schools: everything you need to know & school exclusion case law update

The Equality and Human Rights Commission (EHRC) is consulting on a new version of its Technical Guidance for Schools.

The Guidance advises schools on how the Equality Act 2010 applies to them in their obligations not to discriminate against, harass or victimise pupils.

The EHRC is proposing to make important changes including providing advice on specific and contentious scenarios such as the use of restraint and isolation.

The EHRC’s Technical Guidance can be an useful tool in litigation. It is important that practitioners are familiar with what is changing, and that they can feed their expertise into the consultation.

This session will bring together a panel of experts to cover what the guidance is and what is changing, as well as giving best practice advice on how to use it. There will then be an open discussion bringing together a wealth of expertise from attendees.

On 5 August 2026, the High Court allowed a claim for judicial review brought by “Henry”, a 10-year-old child with complex special educational needs and disabilities (‘SEND’) who was permanently excluded from primary school. The case provides important guidance on the need for “careful consideration” by schools,  including that a permanent exclusion is proportionate measure. Angelo Monni of Duncan Lewis Solicitors, who  acted for Henry with Ollie Persey and Rosa Thomas of Garden Court Chambers’ Education Law Team, will provide an overview of the case.

Speakers

Alex Temple, Barrister, Garden Court Chambers (Chair)
Alex is a barrister specialising in public law, discrimination and human rights. He has extensive experience in education, community care, policing and criminal records. Alex often advises children and vulnerable adults in cases arising from schools, colleges, exam boards, universities, integrated care boards and local and central government. Alex acts regularly in claims for judicial review, EHCP appeals and money claims. He has experience acting in proposed strategic litigation, and advises changemaking individuals and organisations.

Rosa Thomas, Barrister, Garden Court Chambers
Rosa regularly represents parents and young people in the First-tier Tribunal. She has considerable experience in disability discrimination matters and appeals relating to Education, Health and Care Plans, particularly appeals concerning complex EOTIS packages and long transitions back into education settings. Rosa has also acted in or advised on matters across the breadth of education law, including judicial review claims and independent review panels concerning school exclusions. Rosa’s practice covers university matters. Rosa accepts instructions in County Court claims concerning discrimination, breaches of human rights, negligence, and breach of contract, appearing both for and against educational institutions.

Aqsa Suleman
Aqsa is a Policy, Advocacy and Anti-Racism Specialist with seven years’ experience across policy, research, advocacy and systemic change.

Angelo Monni, Solicitor, Duncan Lewis
Angelo is a solicitor at Duncan Lewis, who undertakes a wide range of public law cases on behalf of claimants.

Reserve your ticket
In-person tickets are limited by the venue’s capacity. After you have completed the form, we will be back in touch to confirm whether a place is available at the event.

If you have booked an online ticket, we will send joining details to all those who have signed up on the day of the event. If you have not received the link by 2pm on 16th September, and it is not in your junk inbox, please email webinars@gclaw.co.uk.