School Exclusion Appeals: Governing Body Review and IRP

Two types under English law:

• Suspension (was "fixed-term exclusion" until 2022) — pupil is excluded for a defined period, up to 45 school days in a school year (across multiple exclusions).
• Permanent exclusion — pupil is removed from the school roll. Used only as a last resort.

Legal framework: Education Act 2002, School Discipline (Pupil Exclusions and Reviews) (England) Regulations 2012, statutory guidance "Suspension and Permanent Exclusion from maintained schools, academies and pupil referral units" (DfE, updated 2024).

Grounds: in response to a serious breach of behaviour policy OR if allowing the pupil to remain would seriously harm the education or welfare of the pupil or others. The decision must be reasonable, in line with the school's behaviour policy, lawful, and proportionate.

The DfE 2024 guidance also reinforced that schools must consider mental health, SEN, prior interventions, and home circumstances before excluding.

For permanent exclusions and suspensions over 5 school days:

• The school must convene a meeting of the governing body discipline committee (or relevant panel) to consider reinstatement.
• Within 15 school days of permanent exclusion notice for permanent exclusions and over-15-day exclusions.
• Within 50 school days for shorter exclusions.
• The panel hears representations from parents (and child, where appropriate), the headteacher, and any LA representative.
• The panel can: uphold the exclusion, recommend reinstatement (advisory only for permanent exclusions — schools can refuse), or direct reinstatement (binding for shorter exclusions).

Parents should attend with a supporter. Prepare a written representation in advance with: chronology, evidence the school misjudged the incident, evidence of provocation, evidence of SEN unaccounted for, and disproportionality of the response. Many exclusions are overturned at this stage.

If the governing body declines to reinstate after a permanent exclusion, parents can apply for an Independent Review Panel within 15 school days of the governing body decision.

The IRP is convened by the LA (for maintained schools) or by the academy trust (for academies). It comprises a chair (legally trained), a serving or former headteacher, and a serving or former governor.

The IRP applies judicial review principles. It can:

• Uphold the governing body's decision.
• Recommend that the governing body reconsider.
• Quash the decision and direct reconsideration (binding).

The IRP cannot directly reinstate the child. But if the school refuses to reinstate after a quashed decision and binding reconsideration, the LA must pay a £4,000 "reinstatement adjustment" to the school budget — designed as a deterrent against ignoring IRP findings.

Many permanent exclusion cases are overturned at IRP, particularly where the school failed to consider SEN, did not follow process, or imposed a disproportionate sanction.

If your child has a disability (Equality Act 2010 definition — long-term physical or mental impairment with substantial adverse effect on day-to-day activities), the exclusion may be unlawful discrimination.

Disability discrimination claims go to the First-tier Tribunal (Special Educational Needs and Disability) — SENDIST. Time limit: 6 months from the exclusion. The Tribunal can:

• Order reinstatement (limited — the Tribunal generally cannot force a particular school to take a child).
• Declare the exclusion unlawful and order an apology.
• Order training for school staff.
• Award compensation (rare; typical figures £1,000-£10,000).

Disability discrimination has a higher success rate where:

• The behaviour leading to exclusion was a manifestation of the disability (e.g. meltdown in autistic child, tic in Tourette's).
• The school failed to make reasonable adjustments before excluding.
• The school did not consider the impact of the disability on the behaviour.

SENDIST claims often run in parallel with IRP — they address different issues (procedural fairness vs disability discrimination).

From day 6 of any exclusion, the local authority has a duty under section 19 Education Act 1996 to provide "suitable full-time education" for the child. This is "alternative provision" (AP) — typically a Pupil Referral Unit (PRU), an alternative provision academy, or a tutoring arrangement.

For permanent exclusion, alternative provision starts immediately. For suspensions of more than 5 days, AP starts on day 6 — typically through the school commissioning external tuition.

Children with EHCPs in AP retain their EHCP rights. The AP must deliver the provision in Section F. If the AP cannot deliver, the LA must commission additional provision or amend the plan.

AP is often of variable quality. Parents should challenge inadequate AP through the council's complaints procedure, the LGSCO, or judicial review of the section 19 duty.