Introduction

When a pupil’s permanent exclusion is reviewed by an Independent Review Panel (IRP), the IRP may decide that the school’s governing board should reconsider its original decision not to reinstate the pupil. The IRP can either recommend or direct the governing board to reconsider, depending on its findings.

How soon must the governing board reconsider?

Where the IRP directs or recommends that the governing board reconsider whether a pupil should be reinstated, the board must reconvene to do so within ten school days of being given notice of the IRP’s decision.

Does a hearing need to be held?

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. While the family may request to be present, there is no obligation on the governing board to allow this.

Do minutes need to be taken?

The governing board should ensure that clear minutes are taken of the meeting as a record of the evidence that was considered. These minutes should be made available to all parties on request.

Guidance on the reconsideration process

It is essential that the governing board conscientiously reconsiders whether the pupil should be reinstated, taking full account of the findings of the IRP, regardless of whether the IRP has directed or recommended reinstatement. While the board may still decide not to reinstate, it must have strong reasons for doing so, as the decision could be challenged in the courts.

Can the original panel of governors conduct the reconsideration?

In most cases, the governors who made the original decision may also carry out the reconsideration. Keeping the same panel can be helpful, as they already know the evidence and context. However, in some situations a new panel may be more suitable – for example, if the IRP has raised concerns about the impartiality of the original governors.

This position was affirmed in A Parent, R (On the Application Of) v Borough of XYZ [2022].

What decision can the governing board reach?

After reconsideration of the exclusion, the governing board must come to one of three decisions:

• uphold the exclusion;
• reinstate the young person with immediate effect; or
• reinstate the young person on a particular date.

The governing board must notify the following people of their reconsidered decision, and the reasons for it, in writing and without delay:

• the parent or a pupil if they are 18 years or over;
• the headteacher;
• the local authority.

Updating the pupil’s education record

The governing board should note the outcome of its consideration on the pupil’s educational record, and copies of relevant papers should be kept with the educational record.

Financial adjustment following IRP reconsideration

The IRP may order that the school pay £4,000 from its budget if, after directing reconsideration, the governing board reconsiders and decides to uphold the exclusion again. In the case of an academy, the school will be required to make an equivalent payment directly to the local authority in whose area it is located.