Was the hearing procedurally unfair because of its timing?

Was the hearing procedurally unfair because of its timing?


Paragraph 100 of the exclusions guidance requires that the governing board meet within 15 school days of notice of the exclusion to consider it.

However, paragraph 105 makes clear that its decision will not be invalid simply on the grounds that it was not made within these time limits. This gives room for the family to make a request for a delay to the hearing where it would allow them the time to receive information from the school or other services or to explore alternatives to the permanent exclusion.

If the governing board denied the family this opportunity when it was requested, and if the governing board did not have good reason for doing so, this might constitute an unfair process.

Other parts of the arrangement can also be unfair, such as if it was arranged with too little notice for the family or if the evidence was not circulated with enough time for the parties to read and understand it.

Next step? 

Consider the arrangements for the hearing and any requests the family made about arrangements. Answer the question: Did the governing board make arrangements for the hearing in a fair way?

If the answer is no, consider using the Suggested Wording document: Argument to the IRP: Governing board's decision unfair (arrangements)

Once you have answered this question, click continue to proceed to the next step.



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This information is correct at the time of writing, 5th September 2023. The law in this area is subject to change.

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