Exclusions process
Exclusion letter sent
When a headteacher decides to permanently exclude a pupil from the school, they will write to the parent with reasons for the exclusion.
Suitable full-time education arranged
From the sixth school day of the permanent exclusion, the local authority must ensure suitable full-time education is provided.
The school's funding will be adjusted as per the School and Early Years Finance (England) Regulations 2015 and our Money Following Excluded Pupils (MFEP) protocol.
In Birmingham this normally leads to the pupil being allocated a space at the City of Birmingham School (Pupil Referral Unit).
For more information, see our guidance on Supporting children and young people who are unable to attend their educational setting and MFEP protocol.
Governor panel
The governing body must meet within 15 days of the exclusion to consider the decision made by the headteacher.
The headteacher will provide the governors and parents with a written report at least 5 days before the meeting outlining the reasons why the pupil has been excluded and the evidence collected during the school’s investigation of the incident(s) for which the pupil has been excluded.
Parents are invited to the meeting. They:
- will be asked about the exclusion
- will be able to present their views and those of the child
- can ask questions based on the report
The governors will consider all evidence and decide:
- direct reinstatement if they believe the exclusion was not appropriate
- decline to reinstate if they feel the decision of the headteacher to permanently exclude a pupil was appropriate
Appeals
Parents do not have the right to appeal against the governors panel decision not to reinstate the pupil, but do have the right to ask for the decision to be reviewed by an independent review panel.
They must request this, in writing, within 15 school days of the governor panel's decision.
Independent review panel (IRP)
The independent review panel’s role is to review the decision of the governing body to check that it was properly made.
The IRP cannot reinstate a child but can quash the decision and direct the governing body to look at the exclusion again.
Judicial review
Finally, it is possible to challenge the decision with an application for judicial review on the grounds that the governing body:
- made an error in law
- acted unreasonably, and
- was in breach of natural justice
The application for a judicial review must be made within 3 months of the governor panel's decision.
Page last updated: 23 December 2024
