A fair process at the governing board hearing is essential. The law says that procedural fairness is an important principle in legal processes, and even if the decision might be technically correct, if the process taken to get there is flawed, then the decision should not be upheld by the independent review panel. While there is a body of law that underpins the concept of fairness, it can also be understood in a common-sense way. It covers all aspects of the procedure for organising and running a governing board hearing.
For more information on procedural fairness and how it applies to the governing board hearing, read the Quick Guide: The headteacher's power to exclude
Answer the question: Was the hearing arranged or run in a way that was unfair to the young person?