New arrangements for school exclusion came into force in September 2012. These apply to any pupil excluded on or after 1 September 2012 from a maintained school, academy school / Free School, alternative provision academy / Free School or pupil referral unit in England.

Revised regulations and guidance for those with legal responsibilities in relation to exclusion have been issued.

Overview

The process for challenging a school’s decision to permanently exclude a pupil has changed. The old system of independent appeal panels has been replaced by independent review panels.

Where requested by a parent, an SEN expert needs to be appointed by the local authority or academy trust to advise the independent review panel.

The independent review panel can uphold the decision to permanently exclude a pupil; recommend that the governing body reconsider its decision; or direct the governing body to reconsider its decision. A direction to reconsider is limited to circumstances where a panel decides that the school has acted illegally, irrationally or where there are significant flaws in procedure. 

Where a governing body decides not to offer to reinstate a pupil following a direction from a panel to reconsider its decision, the panel is expected to require an adjustment to a schools budget or payment of £4000 towards the cost of alternative provision.

Where a parent alleges discrimination (under the Equality Act 2010) in relation to a fixed period or permanent exclusion, they are able to make a claim to the First-tier Tribunal (for disability discrimination) or a County Court (for other forms of discrimination).

Key responsibilities

Headteachers

  • Headteachers’ powers to exclude remain unchanged but are new statutory guidance on the use of these powers.

Governing bodies

  • Governing bodies perform the key role of determining whether an excluded pupil should be reinstated. This involves reviewing the decision of the headteacher and considering the outcome of any independent review panel hearing. 

Local authorities / academy trusts

  • Where requested by a parent, local authorities or academy trusts need to arrange an independent review panel to consider the decision of a governing body to uphold a permanent exclusion.
  • Panel members need to be trained in how to perform their role.
  • Local authorities or academy trusts also need to appoint a special educational needs expert to advise the panel, where requested by a parent.

Local authorities

  • Local authorities need to oversee adjustments to a school’s budget or payments by a school, where a school does not offer reinstatement following a direction by a panel to reconsider its decision to permanently exclude a pupil.