In many cases children at risk of permanent exclusion or who have been given a fixed-period exclusion will be invited by the school to meet to discuss a “Pastoral Support Programme” (PSP). What is this?
The PSP starts with a meeting to which parents and the pupil are invited to look at the pupil’s needs and identify the services and resources needed to continue to support them in school. Parents have the opportunity to present their views to the professionals present and achievable targets may be agreed for the pupil, parents and the school. The PSP is reviewed regularly.
My child has been permanently excluded. What happens now?
The Headteacher has to notify the Local Authority and the Clerk to School Governors that your child has been permanently excluded. The Clerk will write to you and tell you when the meeting to discuss your child’s case will take place. This should be within 15 school days from the date of the Headteacher’s exclusion.
My child is permanently excluded. Will she/he still be given work to do?
Yes. If your child has been permanently excluded but is still on the school roll (on the school register) it is the school’s duty to provide work for the first 5 days. The collection and returning of work for marking has to be arranged between yourself and the school. From the 6th day, the Local Authority will arrange provision.
Once the pupil is removed from the school roll, the Local Authority’s duty to provide appropriate education will continue. It is no longer the school’s responsibility.
What will happen at the Governor's meeting?
The Governors will hear the Headteacher's version of the case for the exclusion. You will have an opportunity to present your version of the case. A Local Authority Representative may do the same if present. There will be an opportunity to question all parties. Governors will then make make a decision in private about whether they agree with the exclusion or not. If not, they can rule that your child returns to school.
Can I bring a friend to support me at the meeting?
Yes. You can take a friend, an advice worker or other representative with you to the hearing. Please let the school know if you need any special arrangements to be made for you.
Who attends the Governor's Hearing?
The Panel is made up of three or five school Governors. They will have been provided with exactly the same information as you, enclosed in the invitation letter. The Panel has a Clerk and it is his/her duty to explain the procedure. The Clerk will minute what is said at the meeting. There may also be a representative from the Local Authority present at the meeting. The Headteacher and appropriate school staff may attend as required.
If I am unable to attend the Governor's Hearing how can I make my views known?
You will have received a copy of the Headteacher’s report along with your invitation to the meeting. This is the school’s case. If you are unable to attend the meeting you can present your case in written form and answer the points made in the school’s case. Make clear any personal circumstances that may be affecting your child’s behaviour and state whether you feel your child should be reinstated and the reasons why. The Governors will take this information into consideration when making their decision.
What powers do the Governors have?
Whether your child has been excluded for more than five days in a term or permanently, the Governors can decide to re-instate your child if they believe it is reasonable to do so. If the Governors do this, they will write to you and tell you the date on which your child should return to school. If your child has already returned to school before the Hearing. The Governors may wish to make a comment on your child’s school records about the exclusion.
When will I know of the Panel's decision?
The Clerk to the Governor's will write to you within 24 hours of the meeting, informing you of their decision.
What can I do if I disagree with the decision of the Governors meeting to uphold my child’s permanent exclusion?
If you are unhappy with the decision you are entitled to appeal to an Independent Appeal Panel. You will need to complete an appeal notification form and return it to the Local Authority within 15 school days.
What is the Independent Appeals Panel (IAP)?
If an appeal is lodged, it is heard by an Independent Appeals Panel. The members of the panel are completely independent of the Local Authority (LA) and the school. The IAP’s decision is binding on the LA, the school and the family.
Can I bring a friend to support me at the appeal meeting?
Yes. You can take a friend, an advice worker or an other representative with you to the Independent Appeal Panel (IAP).
Who attends the IAP meeting?
The following people may attend the meeting:
• The Chair of the School Governing Panel, or their representative;
• The Headteacher;
• The child and their parent/guardian and their representative(s);
• A representative of the LA;
• Any other person involved – victim or witnesses (as requested);
• The Clerk (a qualified Solicitor or legal advisor responsible to oversee all procedures, ensuring that it is carried out in accordance with DfE guidelines and the law.
What information will the IAP consider?
The panel will consider all the information presented to the Governors at the school. They will listen to witnesses, where this is appropriate or necessary. The school and their Governors are not allowed to present new information in support of their case. If you have new information you wish to present, you need to inform the Clerk to the Independent Appeal Panel in advance of the meeting.
If I am unable to attend the IAP meeting, how can I make my views known to the panel?
It is always better if you can present your case in person because this allows both you and the panel to clarify any point which maybe unclear. However, if this is not possible you need to put your case in writing. This should be sent to the Clerk to the panel in advance of the appeal. When preparing your case you may want to include information about:
• The contact you have had with the school staff;
• The reasons for your child’s alleged behaviour, e.g. have they been subject to bullying, peer pressure, sexual or racial harassment, etc;
• Other family circumstance;
• Why you believe you that the decision to exclude was in appropriate in the circumstances.
The Outcome of the IAP
a) The IAP may upheld the decision of the Head teacher to permanently exclude your child from school. What happens next?
Your child will be referred to LA who will arrange education for your child. The LA will have already discussed a provisional re-integration plan for your child and they will contact you to discuss putting this plan into action.
b)The IAP may recommend that the school Governing body reconsiders the matter, or
(c) If it considers that the decision of the Governing body was flawed when considered in the light of the principles applicable on an application for judicial review, quash the decision of the Governing body and direct the Governing body to reconsider the matter.
When will I be told about the Independent Appeal Panel’s decision?
The Clerk to the panel will send you the decision in writing, normally within two working days of the hearing.
