HVF, R (on the application of) v Lift Schools

Facts

The claimant, a boy referred to in the judgment as "Henry" and granted anonymity, was a 10-year-old pupil at a primary school operated by the defendant Academy Trust. He was known to have complex special educational needs and disabilities: he had been diagnosed with attention deficit hyperactivity disorder and autism, had significant social, emotional and mental health needs, and was the subject of an education, health and care plan prepared pursuant to Part III of the Children and Families Act 2014. At the beginning of July 2025 he brought a replica butterfly knife into school. During morning breaktime another pupil, Child X, grabbed a third pupil, Child Y, around the neck and pulled him to the ground; Henry opened the replica knife and placed it into Child X's outstretched hand, and Child X used it to stab at Child Y. Staff intervened and confiscated the item, and when a member of staff refused to return it Henry called her a "fat bitch". He was suspended for five school days, and on 10 July 2025 the Principal wrote setting out a decision to permanently exclude him. A governors' disciplinary panel declined to reinstate him, and an Independent Review Panel upheld that decision by a majority. He brought this judicial review claim challenging the permanent exclusion.