In cases where there has been a Pupil Discipline Committee meeting, the committee should put their views on the exclusion and the headteacher’s exclusion letter on your child’s record. If you wish, your views can be added. The Pupil Discipline Committee will write to you telling you their decision.
It is good practice to hold a reintegration interview with parents and the pupil following the end of any fixed-term exclusion. We have published a Ladder of Intervention document (pdf / 814 KB) that provides structured, step-by-step guidance for schools to support individual pupils who have social and emotional needs manifesting in challenging behaviour that could lead to an exclusion. Schools can use this document to help them put in place support to prevent further exclusions.
There are no rights of appeal for fixed-term exclusions. However, if you consider that your child has a disability and you feel that they have been discriminated against in this exclusion, you may make a claim under the Equality Act 2010 to the First Tier Tribunal (Special Educational Needs and Disability), in the case of disability discrimination, or the County Court (in the case of other forms of discrimination). Find more information and contact details.
A claim of discrimination made under these routes should be lodged within six months of the date on which the discrimination is alleged to have taken place, for example, the day on which the pupil was excluded.
If the decision is to reinstate you will need to ensure that you, your child, school staff and the appropriate agencies work together to ensure that your child’s return to school is successful. However, if the governors agree with the permanent exclusion you will have 15 school days to decide whether you wish to request a review to an independent review panel. If you decide to request a review you must write to the named contact (probably the clerk to the Pupil Discipline Committee) and include your reasons for requesting the review. A clerk from the Independent Review Panel will then contact you to advise you further.
Whether or not a school recognises that a pupil has special educational needs, all parents or pupils if aged 18 or over have the right to request the presence of a special educational needs expert at an independent review panel. The special educational needs expert’s role is to provide impartial advice to the panel about how special educational needs could be relevant to the exclusion. For example, whether the school acted reasonably in relation to its legal duties when excluding the pupil.
If you consider that your child has a disability and you feel that they have been discriminated against, you can contact SENDIASS (Special Educational Needs Information Advice and Support Service). or the Equality Advisory Support Service which offers advice and support on discrimination and human rights issues.
You have 15 school days to write to the local authority or, in the case of an academy, their named person, to request a review. You must put in writing your reasons for requesting the review. You will not be allowed the review if you miss the deadline. The hearing must be held no later than 15 school days after your letter is received. The role of the panel is to review the governing body’s decision not to reinstate your child. In reviewing the decision, the panel must consider the interests and circumstances of your child and the circumstances in which they were excluded, and consider the interests of other pupils and people working at the school. You may still request a review, even if you do not wish your child to return to the school.
For local authority schools the review panel is set up by our Democratic Services department. Academies may access the council services or an independent body for their review panels. The three panel members must be independent but will comprise one lay member who will act as chair, one serving or recently retired governor of a maintained school and one serving headteacher or a headteacher retired in the last 5 years. They must not have had any connection with anyone which might reasonably be taken to raise doubts about their ability to act impartially. An independent review panel does not have the power to direct a governing body to reinstate an excluded pupil. However, it can either uphold the exclusion decision (and your child will remain permanently excluded), recommend that a governing body reconsiders its decision, or it can quash the decision of the governing body if it considers that the decision was flawed. If directed to reconsider or quash the decision, the Pupil Discipline Committee must reconvene within 10 school days.