Introduction

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

The minutes can help you decide whether to request an Independent Review Panel (IRP) and serve as a useful record if the IRP goes ahead.

Minutes from the governing board hearing are rarely a full, word‑for‑word transcript. They may summarise points rather than record them in detail. This means some important comments or clarifications could be missing or recorded inaccurately. To protect your position:

• Compare the minutes carefully with your own notes from the hearing. If you spot key omissions or errors, ask for the minutes to be amended with your corrections.
• If changes are refused, request that your objections or clarifications are added to the record.

Where possible, raise any concerns about accuracy as soon as you receive the minutes, so there is a clear, contemporaneous record.

Downloads

To write to the clerk of the school’s governing board to request a copy of the minutes, consider using our suggested wording document – Requesting minutes from the governing board hearing.

To request that the clerk of the governing board make amendments to the minutes, consider using our suggested wording document – Requesting that the clerk to the governing board make amendments to the minutes.

Introduction

You can request an Independent Review Panel (IRP) if the school’s governing board decides to uphold the exclusion. The panel’s role is to review the governing board’s decision not to reinstate and assess whether it was properly made.

Before you decide, it’s worth weighing up the main pros and cons:

Reasons to request an IRP

• It’s free to request and attend.
• The IRP can recommend or direct the governing board to reconsider its decision, which can put pressure on the school to change its position.
• Success rates at IRPs are generally higher than at governing board hearings.
• You can ask for a Special Educational Needs (SEN) expert to attend and answer questions at the hearing.

Things to consider

• An IRP cannot order the school to reinstate your child. The final decision still rests with the governing board, and they may decide again not to reinstate.
• An IRP cannot remove the exclusion from the young person’s record. Even if you are successful, the record will remain, but it will be updated to show the IRP’s findings.
• IRP panel members are not always experts in education law, and the quality of reviews can vary.
• The process can take time, which may prolong uncertainty, and it can be emotionally demanding.

Introduction

You have the right to ask for a Special Educational Needs (SEN) expert to attend your Independent Review Panel (IRP) hearing. This right applies even if the school does not recognise that your child has SEN.

The SEN expert’s role is analogous to an expert witness, providing impartial specialist advice to the panel on how SEN might be relevant to the permanent exclusion. The focus of the SEN expert’s advice should be on whether the school’s policies which relate to SEN, or the application of these policies in relation to the permanently excluded pupil, were lawful, reasonable, and procedurally fair.

It’s useful to consider the following:

For

• They can help the panel understand how the young person’s needs may have influenced the behaviour that led to the exclusion.
• It is free to request an expert.
• Without an expert, it may be harder to argue that SEN is relevant to your case, as IRP panel members may question why you did not ask for one to attend.

Against

• You will not know in advance whether the expert will support your arguments, and they may undermine points you are relying on.
• The expert is not guaranteed to have a good understanding of your child’s specific needs, so their comments may not provide clarity.
• There may be more reliable alternative ways to present evidence or support your case.

If you are requesting an SEN expert to attend the panel, include this in your IRP application, which is explained in the next step.

Independent professional

If you can get supporting evidence on SEN issues from another source, this may sometimes be more effective. For example, if your child has autism and you want to show that the behaviours they were excluded for are linked to their autism, you could ask a clinician or another professional who works with your child to provide a written statement or invite them to attend the hearing to give evidence in person.

This can be preferable as you’ll have a clear idea in advance of what they will say, and their view will come from detailed, first‑hand knowledge of your child’s needs.

Downloads

If you want to ask an independent professional to provide a statement or attend the meeting, consider using the suggested wording document – Asking an independent professional to help present your case at the IRP.

Introduction

You must request an Independent Review Panel (IRP) within 15 school days of receiving the letter from the governing board telling you they have decided to uphold the exclusion. To be safe, it’s best to count the 15 school days from the date on the letter itself. This helps avoid any risk of missing the deadline.

If the request is made after the 15‑day limit, the IRP cannot hear your case. There are no exceptions to this rule.

What should a request include?

Sometimes the local authority or school will provide a template form to complete when requesting an IRP. If not, make sure your letter or email includes:

• Your child’s details (full name, date of birth, and school)
• A clear confirmation that you are requesting an Independent Review Panel
• Whether you are requesting a Special Educational Needs (SEN) expert to attend
• A brief summary of your grounds for the review (for example, why you believe the exclusion was unfair, unlawful, or unreasonable).