Appealing Exclusion From School - Excluding Child Permanently from School

Written by Sarah-Jayne Bass

15. How will the appeal panel reach its decision?

The appeal panel will decide if:

on the balance of probabilities your child did what he or she is alleged to have done (if more than one incident of misconduct is alleged, the panel will need to decide in relation to each one)
considering all relevant factors, permanent exclusion is a reasonable response by the school to that conduct

The appeal panel will then consider the basis of the headteacher's decision and the procedures followed, having regard to the following:

• whether the headteacher and Discipline Committee complied with the law and had regard to the Secretary of State's guidance on exclusion when they excluded the pupil and directed that he or she should not be reinstated
• whether there was evidence that the process was so flawed that important factors were not considered or justice was clearly not done
• the school's published behaviour policy, equal opportunities policy, and (if appropriate) anti-bullying policy, special education needs policy and race equality policy
  the fairness of the exclusion in relation to the treatment of any other pupils involved in the same incident

Once the panel has satisfied itself on the above matters it will consider whether, in their opinion, permanent exclusion was a reasonable response to your child's behaviour. If they conclude it was not a reasonable response, they will then go on to consider whether this is an exceptional case where reinstatement is not a practical way forward.

In deciding whether or not to endorse the exclusion decision and whether or not to direct reinstatement, the panel must balance the interests of the excluded pupil against the interest of all other members of the school community.

Racial discrimination: if you are claiming that there has been racial discrimination, the appeal panel will consider whether there has been discrimination in relation to the Race Relations Act.

Disability discrimination: if you are claiming that there has been disability discrimination, the appeal panel will consider whether your child is disabled and whether there has been discrimination within the meaning of the Disability Discrimination Act. Appeal panels will consider the Disability Rights Commission's Schools Code of Practice which provides guidance on the Disability Discrimination Act.

Exceptional circumstances: there may also be exceptional cases where the panel considers that your child's permanent exclusion should not have taken place, but that reinstatement in the excluding school is not a practical way forward in the best interests of all concerned. Examples of this would be:

if you have made it clear that you do not want your child to return to school
if your child has become too old to return to school
where there has been an irretrievable breakdown in relations between your child and teachers, between you and the school, or between your child and other pupils involved in the exclusion or appeal process

Balancing the interests of your child and the whole school community may suggest that reinstatement would not be a sensible outcome. In considering whether such exceptional circumstances exist the panel should consider representations from the governors, the headteacher and from the parent (or pupil if 18 or over).

16. What can the appeal panel decide?

The appeal panel may:

• decide to uphold the school's decision to exclude your child
• decide to uphold your appeal and direct your child's immediate reinstatement
• decide to uphold your appeal and direct reinstatement at some future date (which must be reasonable under the circumstances)
• decide that there are exceptional circumstances or other reasons which make it impractical to direct your child's reinstatement but that otherwise it would have been appropriate

In any case where the panel decides that reinstatement would have been justified but is not practical, the reasons and circumstances leading to that decision will be set out in the decision letter. This letter should be added to the pupil's school record.

17. What happens after the hearing?

The appeal panel members will decide on your appeal on their own following your appeal hearing. Only the clerk will remain with the panel to advise on points of law and to record their decision (but the clerk plays no part in the decision itself).

You will be informed of the appeal panel's decision by the end of the 2nd working day after your hearing. The letter will include the reasons for the panel's decision.

The decision of the panel is final.