Introduction

After the Independent Review Panel (IRP), if the panel has recommended or directed reconsideration, the case will be sent back to the governing board, which must reconsider the exclusion within 10 school days of being informed of the IRP’s decision.

The clerk to a review panel should ensure that minutes of the proceedings are taken, including details of the attendance, the voting, and the decision.

You can follow up with the clerk to ensure you have an agreed record of what was said during the hearing. IRP minutes are rarely full transcripts, so to provide evidence of what was said, it can be helpful to have the minutes amended with your corrections, or at least have your objections recorded with reference to contemporaneous notes, so you can rely on them later.

Downloads

To write to the clerk to the IRP to request a copy of the minutes, consider using our suggested wording document – Requesting minutes from the Independent Review Panel.

To request that the clerk to the IRP make amendments to the minutes, consider using our suggested wording document – Requesting that the clerk to the Independent Review Panel make amendments to the minutes.

Introduction

The reconsideration does not need to be a formal hearing like the original governing board review. The governing board is not required to inform the family of when the reconsideration will take place, invite them to attend, or seek further representations. If you would like to attend, you can ask to be present, but keep in mind that the governing board does not have to agree. It is best to request permission to attend as early as possible.

Downloads

To request attendance at the reconsideration, consider using our suggested wording document – Contacting the clerk to the governing board about reconsideration arrangements.

Introduction

The governing board should ensure that clear minutes are taken of the reconsideration 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.

Downloads

To request the minutes following reconsideration, consider using the suggested wording document –  Requesting the minutes following the governing board’s reconsideration.

Introduction

If the governing board reconsiders the exclusion and still upholds it, the only remaining options are a judicial review in the High Court or a discrimination claim in the First‑tier Tribunal or County Court. See more on the latter here.

Strict time limits apply to all legal claims, especially judicial review, where any delay in starting court proceedings could prevent you from bringing a claim at all. You should therefore seek legal advice as soon as possible if you are considering further challenges to the exclusion.

Where to find a solicitor?

You can find solicitors using the Law Society’s ‘Find a Solicitor’ tool. Make sure to click ‘Advanced search’ and select ‘Education’ as the area of practice.

We run a School Exclusions Clinic here at Coram Children’s Legal Centre. If you have been permanently excluded from a London‑based school, please click here to complete our referral form.