Being investigated by a school, college, or university is frightening for students and for families alike. An internal investigation can move quickly, run alongside a police inquiry, and put a young person’s education or a student’s future at serious risk. What you do in the early stages matters. Our specialist lawyers act for students and parents across England and Wales, protecting your rights from the very first contact.
Educational institutions have their own internal investigation and disciplinary procedures, and they can act whether or not the police are involved, and whether or not anything is alleged to have happened on the premises.
Whether you are a parent whose child has been accused, or a student facing a disciplinary or misconduct process in your own right, the most important step is to get specialist legal advice before you engage with the investigation.
A school or college investigation is an internal process run under the institution’s own misconduct or safeguarding policies. Those policies are usually freely available and should be read carefully before any engagement, because they set out how the investigation will be conducted and what powers the institution has.
These cases often arise from sensitive allegations, including sexual allegations between young people, such as sexting, sexual experimentation, or sharing indecent images.
They cause real distress to students and their families and crucially, a school can begin its own internal investigation even where the police take no further action.
The school is likely to conduct its own internal investigation into whether the incident occurred on school premises and, as part of the investigation, speak to all parties involved to obtain accounts from each.
This account will be documented and can be provided to external agencies such as Social Services and the police.
How the internal school investigation is conducted is dependent on the school’s own misconduct policies and procedures. These policies are usually freely accessible at the school and must be considered before engagement between the accused and the school regarding the allegation.
Sexual allegations may sometimes arise at a child’s school, or be made directly to the school rather than to the police.
If this occurs, the school may report this to the local authority designated officer, and social services may initiate an investigation.
The investigations that Social Services can commence include a section 17 child in need investigation or a section 47 significant harm investigation. Both would require the involvement of the children and family members.
Such a proceeding may also affect other children in the family and disturb the family’s setup within the family home.
If the matter has been reported to the police initially and, depending on the age of the child or the seriousness of the offence, the police may consider dealing with it by referring it to Social Services, which will, in turn, likely trigger notification of the allegation to the school.
When a child reaches the age of 16 and is no longer in full-time education, the police may be unaware of the relevant school or college the child attends or plans to attend.
No one is under any obligation to provide the police with these details if they are requested. Still, it is always in the accused’s interests to seek legal advice in these circumstances, as this can objectively assess the situation and allegations and provide expert advice.
Where a sexual allegation arises at or is reported directly to a school, the school may notify the local authority designated officer, and Social Services may begin an investigation of their own. These can include a section 17 (child in need) or a section 47 (significant harm) investigation, both of which involve the child and family members and can affect other children in the household and the family home.
If the matter was first reported to the police, they may, depending on the child’s age and the seriousness of the allegation, refer it to Social Services, which, in turn, often triggers notification to the school.
Where a young person is 16 or over and no longer in full-time education, the police may not know which school or college they attend. No one is obliged to provide those details on request, but it is always in the accused’s interests to take legal advice first.
School investigations have a life-changing impact on students. Our lawyers are experienced in representing students throughout misconduct proceedings arising from criminal allegations.
For older students, colleges and universities run their own disciplinary and misconduct procedures, which can sit entirely separately from the criminal process. A student may face an internal panel or hearing, and outcomes can include suspension or permanent exclusion.
On professional courses, such as medicine, nursing, teaching or law, there may also be fitness-to-practise proceedings that can affect a future career before it has even begun.
Students are usually entitled to be accompanied or represented under the institution’s regulations, and where a criminal investigation is running in parallel, anything said in the internal process could later be disclosed.
We help students respond carefully, protect their position, and, where relevant, we also advise on related professional discipline issues.
In short, yes. A school or college can pass on anything said by the accused or by any party involved to the police. Institutions tend to take a strict approach due to their safeguarding duties, so it is very important that legal advice is obtained before anything is said during the investigation.
Parents or guardians may be asked to liaise with the school throughout the investigation. It is vital to protect the child, and parents should understand that they are not obliged to discuss the allegations with the school for it to carry out its safeguarding procedures.
The school and Social Services will be well aware of the impact such discussions can have on a criminal investigation, so you should not feel pressured into “working with” the school in a way that could harm your child’s future and education. Seek independent legal advice if the school challenges you on this.
We work with many students and families facing internal investigations conducted by schools, colleges, and universities. The impact can be stressful and hugely disruptive, and at its worst, it can take away a young person’s confidence and right to an education, with consequences that last well into adulthood.
We are here to relieve that stress and to deal with the investigation fairly and robustly, defending the student’s legal interests and right to an education. Where there is a parallel police investigation, we can advise before any police interview and represent you throughout.
Contact our lawyers today for an initial consultation to discuss your case or your child’s case in detail and receive tailored advice. The initial consultation is free, so you can get to know us and decide whether we are the right fit.
We work on a transparent, fixed-fee basis, because the last thing you need is to worry about mounting legal costs. You can find a guide to our fees on our Services and Fees page.
If a school, college or university are investigating you or your child, talk to us first. We will explain the process, protect your position, and map out the best way forward, in plain English and in complete confidence.
