Exclusions are always difficult matters for everyone concerned. Governors should first make themselves aware of the DCSF guidance on the exclusion process, available on Teachernet.
The Governing Body must establish a committee for the purpose of reviewing exclusions and to hear representations from parents. The Governing Body can establish a pool of Governors from which the committee is to be drawn; the quorum for the committee is at least three.
It is very important that Governors on a panel receive training to equip them to discharge their duties properly.
Exclusions are subject to slightly differing procedures dependant upon the extent and nature of the exclusion. In the case of one or more fixed period exclusions totalling 5 days or less in any one term, the governing body is required to consider representations from made by a parent, usually but not necessarily by way of a student disciplinary committee meeting.
Governors have no power to direct reinstatement in cases where the number of days the pupil has been excluded for in a single term is 5 days or less. Where parents make no representations the committee is not convened.
In cases of one or more fixed period exclusions totalling 5 but not more than 15 days in any one term, a meeting must be held between the 6th and the 50th school day after receiving the notice of exclusion, to consider the exclusion, if the parent requests it.
Where the Governors consider it appropriate they can direct reinstatement, If they cannot direct reinstatement because the period of exclusion has expired and the pupil has returned to school, they can place a copy of their findings on his or her school record.
In the case of a permanent exclusion, or one or more fixed period exclusions totalling more than 15 school days in any one term, the Committee must convene a meeting between the 6th and 15th school day after the date of receipt of the notification to consider the exclusion.
There are no restrictions upon the number of exclusions that can be considered at any one time provided that the timescales for hearing representations are adhered to. Pupils who are excluded who may miss an examination as a result of the exclusion should have their exclusion considered by the committee wherever possible before the examination date.
Exceptionally where it is not practical for the committee to meet before the date of the public examination, the Chair of the Committee, alone may consider the exclusion and determine whether to reinstate.
When the Committee is required to meet to consider an exclusion, there are two questions that the Committee should be seeking to answer. Firstly, have the school's procedures relating to discipline been carried out fairly and fully? Secondly, was the action of the Head in excluding the pupil appropriate, in the light of the circumstances?
Where the procedures have been carried out fully, the investigation should have determined an appropriate course of action. Consequently the action of the Head in excluding a pupil in the majority of instances is unlikely to cause concern and will receive the support of the Committee, notwithstanding any representations made by parents and other education specialists.
In a minority of cases the procedures that lead up to the exclusion and the subsequent action by the Head may not be entirely appropriate and sufficiently so as to create doubts in the minds of the Committee. In these instances the Committee should be prepared to overturn an exclusion, where they are entitled to do so.
The committee's function is not merely to rubber stamp the action of the Head but rather to consider objectively whether the action was appropriate.
Where the Committee has failed to support the Head's actions this may sometimes be interpreted as a betrayal of the staff or an attempt to undermine the authority of the Head. Where the committee believes that the action of the Head was not appropriate and / or procedures were not followed which could suggest that the process and thus the decision was less than fair, overturning a decision should be seen to be neither of these. It is in fact the committee fulfilling the function for which it was put in place, and the majority of Head's will recognise this. It is also a reminder to all staff to ensure that their actions are appropriate and school policy and procedures are followed carefully and diligently.
The appeals procedure is therefore seen to be properly employed.
Independent Appeal
The internal exclusion hearing is very much within the control of the school. The external hearing which results from action to permanently exclude a pupil is independent of the school although the process is similar. Where the independent panel fail to uphold the action to permanently exclude a pupil they can require re-instatement. The external appeal panel’s decision cannot be appealed and their decision is final.
Decisions of the external appeals panel can cause the greatest concern for schools, governors, staff and parents. This is particularly so when the reason for the exclusion centres, for example, around alleged physical attacks upon staff or other pupils and, naturally, the response of staff and parents to a re-instatement is one of horror.
The concerns of staff for their safety may result in a refusal to work with the pupil and the courts have had some sympathy for this view. All the more reason to ensure that the Local Authority and the school work together on a strategy for the pupil's return, and to look to re-assuring staff, pupils and parents that appropriate measures are in place.
From the Governors' perspective this can be the most difficult situation they are likely to face. As "employers" they have a duty of care to protect staff from possible injury resulting from their work in school. They must also ensure the safety of pupils and others who attend school from time to time.
At the same time they are obligated to provide for the education of all pupils assigned to the school, including those who have been re-instated by an external appeals committee and to ensure that all that can be done is done to provide a good education.
It is mandatory for all governors as well as the clerk to the appeal panel to receive appropriate training.
This guidance was updated in August 2009.
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