Time, date, and location

Read the exclusion letter carefully and note the date, time, and location of the hearing.

Confirm attendees

Before the hearing, tell the governing board clerk who will be attending for the family. Include whether the excluded young person will be there and whether a representative, such as a solicitor or an advocate, will attend.

Also, let the clerk know about any reasonable adjustments needed for any of the attendees, for example where a person has a disability affecting mobility or communication that impacts their ability to attend the hearing or make representations.

Exclusions pack

The governing board should request any written evidence in advance from both sides, including witness statements, SEN information, and the pupil’s school record. Where possible, they should share this with all parties, along with a list of those who will be present, at least five school days before the hearing.

The exclusion letter may state when and where to send your evidence, but if it does not, you should clarify this with the clerk before the hearing.

Downloads

When contacting the governing board to confirm arrangements for the hearing and to provide attendee details, you may wish to use the suggested wording document – Contacting the governing board clerk to confirm arrangements for the hearing.

Introduction

You should aim to arrive at the venue at least 15–20 minutes before the hearing starts. You may be directed to a waiting area, or you can ask for a private room. You can use this time to prepare, but it’s also helpful to take a moment to settle.

Representative

If you have an advocate or representative supporting you, use this time to agree on how you will approach the hearing. Young people are often concerned about whether they will need to answer questions or make a statement. Decide in advance who will read any prepared statements, who will take questions, and how each part of your case will be presented. If the young person feels able to answer questions, this can help reassure the governing board that they have reflected on the situation and learned from the experience.

Notes and evidence

Make sure you have all your documents, evidence, and any notes in order, and that you can access them quickly when needed.

Remote hearing

If you’re attending a remote hearing, choose a quiet room with a reliable internet connection and no distractions, so you can focus fully on the hearing.

Introduction

During the hearing, there are usually three main opportunities to present your case:

• Making a statement
• Asking questions of the school
• Making a closing statement

Making a statement

You should be allowed the opportunity to take the governing board through your arguments. This involves setting out the main points of your argument with reference to key pieces of evidence. This is your main opportunity to give detailed reasons why the exclusion should be rescinded and the young person reinstated.

If you have several arguments, some stronger than others, your statement is a good opportunity to develop your strongest points. Try to provide your written arguments to the governing board ahead of the hearing, so you do not have to include them all in your oral statement. Instead, use this time to drive home your key points or challenge the school’s main arguments.

Plan a clear, well‑structured statement that takes the governing board through the key facts, evidence, and arguments in sequence, leading to a strong and logical conclusion.

Consider using the template document – Talking points for the governing board hearing.

Asking questions of the school

You should be allowed the opportunity to ask questions of the headteacher and other members of the school staff who are present. This is best viewed as an opportunity to strengthen your argument and to challenge aspects of the school’s argument, not as a fact‑finding exercise. This is because you should carry out your fact‑finding before the hearing by gathering the evidence you need and speaking to the headteacher about the reasons for the exclusion.

You should avoid asking broad, open‑ended questions, as this will give the school the opportunity to introduce new information and provide answers you had not predicted or prepared for. This might undermine parts of your arguments and make it difficult for you to present a well‑structured and convincing challenge to the exclusion. The best questions are those you know will highlight key points in your arguments and expose weaknesses in the school’s case.

For example, you (the school) have made the argument in your statement that the excluded young person, James, did not receive 1‑1 teaching support, despite the fact that this was meant to happen under the terms of an EHCP, and that this has contributed to their exclusion. You can use your questioning to highlight this point.

You should avoid questions like “What support did you put in place for James?” because this gives the school the chance to highlight something they did or tell you something you weren’t expecting.

However, if you ask, “James didn’t get his 1‑1 support, did he?” you turn the question into a simple yes or no, and a “no” answer would highlight a key point in your argument. You also know that if they answer “yes,” you can point to an absence of evidence to challenge this answer.

Be prepared to challenge the school over evasive answers. You should keep them to the question you asked and ensure they respond directly, rather than with their own questions or irrelevant points.

Making a closing statement

You should be allowed the opportunity to make a closing statement. This is the shortest of the three advocacy elements, but it is also the most difficult to plan for. A closing statement should not introduce new evidence or arguments. Instead, it should respond to elements of the school’s case and give you the opportunity to pick up on information gained through your questioning. This is why it can be difficult to prepare in advance, as you cannot be sure what will come out during the hearing. If nothing arises during the hearing that you need to respond to, you can simply use your statement to drive home the key parts of your case.

Prepare for your closing statement by following these steps:

1. Consider in advance what two or three things you would want the governing board to remember above all others. Write these down in a way that is concise and impactful.
2. During the hearing, scribble down anything that you would like to respond to that you had not planned for.
3. If you need to say something you hadn’t planned for, remember that you can take a minute to gather your thoughts and speak when you are ready. If you need to bullet‑point things that you want to address, you can do so.

What fairness looks like

The governing board must ensure that hearings are conducted in a procedurally fair manner. A flawed or unfair process can make an exclusion decision open to challenge, even if the substance of the decision itself is not in dispute. All parties involved in exclusions have a duty to act fairly.

To meet this standard, 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.
• Hearings 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.

Raising concerns about fairness

Wherever you see something that you think is unfair, you should question it. You can do this simply by speaking up and politely but firmly explaining why an action of the governing board is likely to be unfair.

Once you have stated your objection, make a careful note of it and of the response from the governing board. Ask the note‑taker to ensure that the minutes include your objection and the governing board’s response. This is particularly important if your objection is not agreed to, as you may want to rely on your contemporaneous record if further proceedings are necessary.