The Office of the Children’s Commissioner published its findings from the School Exclusions Inquiry today (Monday, 19 March). The report, entitled “They never give up on you” suggests that the current system of school exclusions is in breach of the UN Convention on the Rights of the Child and of UK legislation.

The report highlights breaches of children’s rights with regard to Article 3 (the best interests of the child must be a primary consideration in all actions concerning the child) and Article 12 (children’s views must be taken into account in decisions which affect them) of the UN Convention on the Rights of the Child. The inquiry highlights further evidence of illegal activity by some schools, in the form of “unofficial” or “informal” exclusions, and calls upon the Secretary of State to respond as a matter of urgency. The report also draws attention to disturbing variations in exclusion rates between different groups of children. Boys, those from Black Caribbean background, those identified as having special educational needs and those eligible for free school meals are more likely to be excluded from school. The report rightly points out that such differentials in exclusion rates between different groups are not compatible with schools’ statutory duties under the Equality Act 2010. It recommends that schools are given clear guidance on interpreting their statutory equality duties and that Ofsted takes a stronger lead in ensuring these duties are implemented.

CSIE welcomes the report, but remains significantly concerned at these findings. Some children are repeatedly failed by our system, despite the rhetoric of equality. This is untenable. The Department for Education must take this opportunity to hold an urgent review of the system of school exclusions. It must also take more decisive action if the Equality Act 2010 is to be implemented consistently in schools. Too many children and young people have been let down by this government’s weak commitment to inclusion. We hope that in its response to this report, the government can show evidence of a real commitment to equality and children’s rights.