Appealing Exclusion From School - Student's Exclusion From School

Written by Sarah-Jayne Bass

10. Who will normally attend the hearing?

The following are allowed to attend a hearing and present their case verbally:

• you as parent or carer (or the excluded pupil, if over 18)
• a legal or other representative acting on your behalf
• the headteacher of the excluding school
• a nominated governor
• a legal or other representative of the school's Governing Body
• a nominated Local Education Authority officer
  (The headteacher, Governing Body, and LEA may also make written representations.)

You are entitled to bring more than one friend or representative, but you will need to inform the Chief Clerk no later than 5 working days prior to the hearing. The panel will want to consider a reasonable limit on the numbers attending.

11. Can my child attend the hearing?

Yes - an excluded pupil under the age of 18 will normally be allowed to attend the hearing and speak on his or her behalf, if he or she wishes and you agree. However, the panel cannot compel your child (or other witnesses) to attend.

12. Can any alleged victim of my child's alleged behaviour attend the hearing?

Yes - if the victim of your child's alleged behaviour wishes to attend, then he or she will be given the opportunity to be given a voice at the hearing, in person, through a representative, or by a written statement.

13. How will the panel consider the evidence and any witness statements?

Physical evidence: if the school's case rests largely or solely on physical evidence, and if the facts are in dispute, the school should keep the physical evidence, if possible, and make it available to the panel. If there are difficulties keeping any physical evidence, photographs or signed witness statements will be acceptable to the panel.

New evidence: all sides may put forward new evidence about the incident that led to the exclusion, including evidence that was not available to the headteacher or the Discipline Committee. However, the school may not introduce new reasons for the exclusion.

Witness statements: to help them reach a decision, the panel will usually need to hear from those involved, either directly or indirectly. The governing body may wish to call witnesses who saw the incident, and these may include any alleged victims or any teacher (other than the headteacher) who investigated the incident and interviewed pupils.

Written statements: in the case of witnesses who are pupils of the school it may be more appropriate for the panel to be presented with written statements. Pupils may only appear as witnesses if they do so voluntarily and with their parent's consent. Panels will be sensitive to the needs of child witnesses and will make sure that the child's view is properly heard.

Anonymity: all witness statements must be named and signed, unless the school has good reason to want to protect the anonymity of pupils. The general principle remains that your child, as the accused person, is entitled to know the substance and source of the accusation. The panel will consider what weight to attach to written statements, whether made by adults or pupils, as against oral evidence.

How long will witnesses stay? It is for the panel to decide whether any witnesses should stay for the whole of the hearing.

14. How will the appeal panel consider appeals where there is police involvement or criminal proceedings taking place?

Where there is police involvement, or criminal proceedings are taking place, the appeal panel must decide:

• whether to proceed to hear the appeal, or
• whether to adjourn (postpone) the hearing pending the outcome of any police investigation and/or any criminal proceedings that may be brought

In order to help them decide on this the panel will consider:

• whether it would be helpful to know what charge, if any, is to be brought against your child
• whether relevant witnesses and documents are available
• the likelihood of delay if the hearing were to be adjourned
• the effect any delay might have on any complainant, the excluded pupil or the school
• whether an adjournment or a decision to proceed might result in injustice.

If the panel do decide to adjourn, the clerk will ensure that the panel meets again at the earliest opportunity. If the panel reconvenes following any criminal proceedings, it will take regard of any relevant information about the outcome of those proceedings.

The panel will be aware that both the police and the courts apply the criminal standard of proof known as 'beyond reasonable doubt'. However, the headteacher, Discipline Committee and Independent Appeal Panel will apply the civil standard of proof known as 'balance of probabilities'. The DfES does not consider that the case law imposes a higher standard of proof on schools than the simple balance of probabilities.

If a pupil has been acquitted of any charge relating to the conduct for which he or she was excluded, such an acquittal might be because of a legal technicality, or the stricter standard of proof required by a criminal court. The panel may still conclude that the pupil did do what he or she is alleged to have done.