Challenging a School Exclusion

There are two types of exclusion in England:

• Fixed-term exclusion (suspension): The pupil is excluded for a set number of days. Headteachers can exclude for up to 45 days in an academic year. If the cumulative exclusion time exceeds 5 days in a term, parents have the right to make representations to the governing body's discipline committee.
• Permanent exclusion (expulsion): The pupil is removed from the school roll entirely. This is the most serious sanction and should only be used as a last resort, in response to a serious breach of the behaviour policy or a persistent series of breaches where all other interventions have failed.

Informal or "unofficial" exclusions — such as asking a parent to keep their child home without a formal exclusion letter — are unlawful. If this happens, request a formal letter immediately and consider reporting it to the local authority or Ofsted.

For permanent exclusions (and fixed-term exclusions of more than 5 cumulative days per term), the governing body's discipline committee must meet to consider the exclusion:

• The meeting must be held within 15 school days of the governors receiving the notice of exclusion.
• Parents must be given at least 5 school days' notice of the meeting and invited to attend and make representations.
• The committee can decide to reinstate the pupil, or to uphold the exclusion.
• For permanent exclusions, if the governing body upholds the exclusion, it must tell parents of their right to request an Independent Review Panel.

Prepare carefully for the governing body meeting. Submit a written statement in advance, attend with a supporter, and challenge any procedural errors or factual inaccuracies in the school's account.

If the governing body upholds a permanent exclusion, parents can request an Independent Review Panel (IRP) within 15 school days of receiving the governing body's decision. The IRP:

• Is independent of the school and the local authority
• Reviews whether the governing body's decision was reasonable and followed the correct process
• Can uphold, recommend reconsideration, or (in limited circumstances) quash the exclusion

Importantly, the IRP cannot force the school to reinstate the pupil — it can only recommend reconsideration. If the governing body declines to reinstate after an IRP recommendation, the school must make a financial payment to the local authority. This creates a financial incentive but is not an absolute guarantee of reinstatement. A Specialist SEN Adviser can be requested to attend the IRP if the child has SEN.

During any exclusion, the school and local authority have duties to provide education:

• From the 6th school day of any exclusion, the local authority must arrange suitable full-time education for the excluded pupil.
• During the first 5 days, the school must set work for the pupil to do at home.
• For children with an EHCP, the local authority must continue to ensure the EHCP provision is met throughout the exclusion.

If your child is excluded and no suitable education is being arranged from day 6, contact the local authority in writing and, if necessary, the LGSCO or the local authority's attendance team.

The Independent Review Panel (IRP) is the final stage of the exclusion challenge process for permanent exclusions. Understanding its precise powers — and its limitations — is important before deciding whether to request one.

What the IRP can do

After reviewing the governing body's decision, the IRP has three options under the School Discipline (Pupil Exclusions and Reviews) (England) Regulations 2012:

• Uphold the governing body's decision — the exclusion stands.
• Recommend that the governing body reconsiders — the governing body must reconsider but is not legally required to reinstate. If it declines, the school must make a payment into the local authority's schools budget (£4,000 for most pupils, more for SEND pupils). This financial penalty creates a practical incentive for governing bodies to reinstate but is not binding.
• Quash the decision and direct the governing body to reconsider — available only where the panel finds a significant procedural error. Even a quash does not automatically reinstate the pupil.

The IRP's limitations

The IRP cannot itself order reinstatement. If the governing body refuses after an IRP recommendation, the only further remedies are:

• A complaint to the LGSCO about procedural failures in the exclusion or IRP process (not the merits of the decision).
• Judicial review if the process was unlawful — for example, if the exclusion was discriminatory under the Equality Act 2010, or if there were severe procedural irregularities. This is expensive and requires legal advice.

Academies and free schools

Academies and free schools are not maintained schools. However, since 2012, the exclusion process for academies has been brought into line with maintained schools: the governing body (or equivalent board of trustees) must carry out a review meeting and, on a parent's request, an IRP must be convened. The IRP for an academy may be arranged by the academy itself or by the local authority (the academy may pay a LA to organise the IRP). The substantive rules and the remedies are the same as for maintained schools.

If you are considering an IRP challenge, request one in writing to the governing body within 15 school days of the governing body's written decision. State clearly that you are requesting an independent review and (if relevant) that you wish a SEND specialist adviser to attend.