What is a school’s governing board?

A governing board, also known as a governing body or board of governors, and referred to as a board of trustees in academy schools, is a group of people responsible for overseeing a school. Each individual school has a governing board. Their responsibilities include:

• setting the school’s vision, ethos, and strategic direction;
• ensuring the proper and effective use of financial resources;
• holding the headteacher to account for their performance; and
• setting the policies that guide the school’s management.

Further guidance on school governance, including the composition of a governing board, is available for maintained schools here and for academy schools here.

What is the role of the governing board in exclusions?

Governing boards play a key role in promoting good behaviour and discipline, and ensuring that all sanctions, including exclusions, are lawful and comply with equalities legislation. More specifically, they have the following roles in relation to school exclusion:

• A duty to consider parents’ representations regarding a suspension or permanent exclusion, and to consider reinstatement where applicable (see more below);
• A duty to arrange suitable full-time education for suspended pupils from the sixth school day of the suspension for pupils of compulsory school age (see more on Exclusion: Alternative education);
• Academies have a duty to arrange independent review panels to consider permanent exclusions, where requested by the parents (see more on Exclusion: Independent Review Panel stage).

What does it mean when a governing board considers an exclusion?

When a governing board considers an exclusion, they are formally reviewing the headteacher’s decision to exclude a pupil, to ensure it was lawful, reasonable, and followed the correct procedures. The pupil’s parents – and the pupil themselves, where appropriate – can take part in this process. It provides an opportunity to challenge the exclusion and for their views to be heard.

In the light of its consideration, the governing board can either:

• decline to reinstate the pupil; or
• direct reinstatement of the pupil immediately or on a particular date.

What does it mean for a pupil to be ‘reinstated’?

Reinstatement, in the context of school exclusion, refers to the decision to overturn the exclusion and allow the pupil to return to their original school.

If a reinstatement meeting would make no practical difference because, for example, the pupil has already returned to school following the expiry of a suspension or the parents make clear they do not want their child reinstated, the governing board must still meet to consider whether the pupil should or would have been officially allowed back into the school

When must a governing board consider an exclusion?

The governing board must consider and decide on the reinstatement of a suspended or permanently excluded pupil within 15 school days of receiving notice of a suspension or permanent exclusion from the headteacher if:

• it is a permanent exclusion;
• it is a suspension which would bring the pupil’s total number of school days out of school to more than 15 in a term;
• it would result in the pupil missing a public examination or national curriculum test.
  • The governing board must, so far as is reasonably practicable, consider and decide on the suspension or permanent exclusion before the date of the examination or test. If it is not practical for sufficient governors to consider the reinstatement before the examination or test, the chair of governors, in the case of a maintained school, may consider the suspension or permanent exclusion alone and decide whether or not to reinstate the pupil.

The requirements are different for suspensions where a pupil would be excluded for more than five but not more than 15 school days in a term. In this case, if the parents make representations, the governing board must consider and decide within 50 school days of receiving the notice of suspension whether the suspended pupil should be reinstated. In the absence of any representations from the parents, the governing board is not required to meet and cannot direct the reinstatement of the pupil.

In the case of a suspension which does not bring the pupil’s total number of days of suspension to more than five in a term, the governing board must consider any representations made by parents, but it cannot direct reinstatement and is not required to arrange a meeting with parents.

What if the meeting isn’t held within the required timeframe?

The governing board must make reasonable endeavours to arrange the meeting within the statutory time limits set out above and must try to have it at a time that suits all relevant parties. Its decision will not be invalid simply on the grounds that it was not made within these time limit

Who must be invited to attend the governing board meeting?

The following parties must be invited to a meeting of the governing board and allowed to make representations or share information:

• parents (and, where requested, a representative or friend);
• the pupil if they are 18 years or older;
• the headteacher;
• a representative of the local authority (in the case of a maintained school or PRU);
• the child’s social worker if the pupil has one; and
• the VSH if the child is looked-after child.

Where the excluded pupil is under 18 years old, the school is not legally required to invite them to attend, but they should generally be allowed to do so if the school is informed in advance.

Can the meeting be held remotely?

Parents can request a meeting to be held via the use of remote access but this should not be a default option. Holding meetings via remote access must only be done if governing boards or arranging authorities are satisfied that the meeting is capable of being held fairly and transparently. Where a parent does not request a remote meeting or does not state a wish either way, governing boards and arranging authorities must hold the meeting in person.

What is the procedure for the meeting?

The typical format of a governing board meeting is:

• Introductions from the board and attendees;
• The school makes a statement;
• The board and family ask questions of the school;
• The family make a statement;
• The board and school ask questions of the family;
• The school makes a closing statement;
• The family makes a closing statement.
• The board should ask all parties to withdraw from the meeting before making a decision.

The order of these steps may differ, but it’s important that each one is included.

How must the governing board ensure a fair process?

The governing board must ensure meetings are procedurally fair. This public law principle means that flawed or unfair processes can make an exclusion decision challengeable, even if the the substance of the decision itself isn’t disputed. All parties involved in exclusions have a duty to act fairly.

To meet this standard, appeal hearings should follow basic practices:

• All parties should enter and leave the room together.
• No party should remain behind to speak privately with the governing board.
• Everyone should be given equal time to speak, without interruption.
• Meetings should allow enough time for all submissions to be heard.

These are not exhaustive rules. A common-sense approach to fairness should guide the entire process.

What should the governing board take into consideration?

In reaching a decision on whether a pupil should be reinstated, the governing board should consider whether the decision to suspend or permanently exclude the pupil was lawful, reasonable, and procedurally fair. This should consider the welfare and safeguarding of the pupil and their peers, the headteacher’s legal duties, and any evidence that was presented to the governing board in relation to the decision to exclude. In relation to findings of fact, the governing board must apply the civil standard of proof, i.e. ‘on the balance of probabilities’ it is more likely than not that a fact is true, rather than the criminal standard of ‘beyond reasonable doubt.’

What must the governing board do after the meeting?

Notification of decision

The governing board must notify parents, the headteacher, and where relevant, the local authority, the pupil’s social worker and/or the Virtual School Head of its decision, and the reasons for it, in writing and without delay. The governing board should set out the reasons for its decision in sufficient detail to enable all parties to understand why the decision was made.

In the case of a permanent exclusion where the governing board decides not to reinstate the pupil, the governing board’s notification must state that the exclusion is permanent and provide notice of parents’ right to ask for the decision to be reviewed by an Independent Review Panel.

Where the governing board declines to reinstate the pupil, it should draw the attention of parents to relevant sources of free and impartial information that will allow them to make an informed decision on whether and, if so, how to seek a review of the decision.

The governing board may provide the above information by delivering it directly to parents in person or to their last known address or posting it first class mail to that address.

Minutes

The governing board should ensure that clear minutes are taken of the meeting as a record of the evidence that was considered by the governing board. These minutes should be made available to all parties on request and the record of discussion should state clearly how the decisions have been reached, which a clerk should be present for.

Education record

The governing board should note the outcome of its consideration on the pupil’s educational record, and copies of relevant papers should be kept with the educational record. In cases where the governing board considers parents’ representations but does not reinstate the pupil, it should consider whether it would be appropriate to place a note of its findings on the pupil’s educational record.

Admission register

In the case of a permanent exclusion, the governing board must ensure that a pupil’s name is removed from the school admission register if:

• 15 school days have passed since the parents were notified of the governing board’s decision to not reinstate the pupil and no application has been made for an Independent Review Panel; or
• the parents have stated in writing that they will not be applying for an Independent Review Panel.

Where an application for an Independent Review Panel has been made within 15 school days, the school must wait until the review has been determined, or abandoned, and until the governing board has completed any reconsideration that the panel has recommended or directed it to carry out, before removing a pupil’s name from the register.