Children should be given legal advice and assistance when appealing against exclusions, the government’s human rights watchdog has said.

In a report assessing the state of human rights in the UK, published today, the Equality and Human Rights Commission says there have been “overall improvements in outcomes, and reductions in inequalities, in education”.

However, the Is Britain fairer report highlights concerns about issues such as bullying, exclusions and ensuring pupils with disabilities have access to mainstream education.

It notes rising exclusion rates in England, and particularly the high figures for pupils with SEND or from disadvantaged backgrounds, and Gypsy and Traveller children.

It says: “There has been some progress in Scotland and Wales in enabling children to challenge legal decisions made by education authorities about support needs and school exclusion.

“There has not been similar progress in England. Concerns remain that looked-after children throughout Britain are not given adequate support to challenge decisions made by education authorities.”

In its recommendations on exclusions, the report says: “Governments in England and Wales should extend to children under 16 the right to be heard before exclusion and to appeal against exclusions, and ensure that children are provided with legal advice and assistance throughout the exclusions appeal process.”

The commission says that while it welcomes efforts by governments to address educational inequality, “more needs to be done”, and says it is concerned about “the marginalisation of disabled children” and “the lack of data collection on bullying in schools”.

It says the government’s encouragement of new special free schools is “at odds” with its commitment to progressively achieve inclusive education for all under the United Nations Convention on the Rights of Persons with Disabilities.

It says: “The UK government should remove its reservations to Article 24 (the right to inclusive education) of the United Nations Convention on the Rights of Persons with Disabilities, and set out the practical steps it will take to implement its stated commitment to ensuring disabled children have increasing access to mainstream schools and staff.”

The Department for Education has been contacted for comment.