Jurisdiction(s):
United Kingdom

Related legal acts

Key definition

Maintained school definition

What does Maintained school mean? In legal practice, a maintained school is a state school provided and financed by the local authority (or equivalent education authority), as opposed to an academy/free school or an independent school. In England and Wales, “maintained school” is a statutory term (notably in the School Standards and Framework Act 1998 and related Education Acts). It covers community, foundation, voluntary controlled and voluntary aided schools, plus maintained nursery and special schools. Key features include local authority funding, national curriculum and assessment duties, Ofsted/Estyn inspection, and public law obligations. The admissions authority is either the local authority (community and voluntary...

School behaviour, restraint, searches, suspensions and permanent exclusions: statutory framework, procedures, duties and reviews (England and Wales)

Published by a LexisNexis Local Government expert

Practice notes

This Practice Note explores a range of matters around school behaviour and exclusion, such as physical restraint, detentions, uniform, and the seizing of property, chiefly in England, while noting how the present position differs in Wales. It states that headteachers, school governors, the local authority, social workers, and the virtual school head must have regard to current statutory guidance on exclusions, and it outlines both the process for removing a pupil and the routes of challenge to a permanent exclusion.

Legal framework

The statutory regime for school discipline and exclusion largely operates in parallel alongside the common law...

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Hayley O'Sullivan

Hayley has extensive experience in advising schools and trusts on a broad range of education law issues with particular expertise in exclusions and equality issues. She frequently advises schools on SEND, admissions and attendance, policies, safeguarding, Ofsted challenges, complex parental complaints and the challenges social media poses for schools. Hayley regularly delivers training to senior leaders and governing boards on an array of topics. Her approachable, straight-talking style and the way in which she brings topics to life through case studies and her own experiences has led to numerous testimonials from schools, who value her insights into various topics. Experience• Successfully defended the first nationally known case of its kind in respect of a schoolgirl who was seeking to bring an injunction in the High Court to force the school to abandon its policy relating to the use of masks in...

Web page updated on 21/05/2026

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