Responsibilities of the Governing Body
Every School Governing Body must:
- review the use of exclusions in the school;
- consider the views of parents of an excluded pupil;
- decide whether or not to confirm exclusions;
- by law have regard to DCSF guidance:
Improved Behaviour and Attendance: Guidance on Exclusion from School and Pupil Referral Units
(DCSF 2008 guidance)
The Governing Body can delegate some or all of its functions in respect of exclusions to a committee consisting of at least three governors and such a committee may be called the Discipline Committee.
If a headteacher decides to exclude a pupil both the parent(s) / carer(s) and the Discipline Committee should be promptly informed.
Parents have the right to make representations to the Committee, and can be accompanied to the meeting that will be held to consider the exclusion. The timescales for the Discipline Committee to meet for fixed period or lunchtime exclusions are detailed in the Fixed Exclusions flowchart.
The Discipline Committee must meet within 15 school days after the date that the Committee was informed of the exclusion. After considering the evidence, the Committee can uphold the exclusion decision or reinstate the pupil. See the Permanent Exclusions flowchart for details.
Independent Appeals Panel
If a parent disagrees with the decision of the Discipline Committee there is a legal right to appeal to an Independent Appeals Panel. If an appeal is made the Local Authority must arrange a hearing within 15 school days. The appeal hearing will include the parent, the pupil, the Headteacher, a member of the Discipline Committee and legal representatives of any party. A panel of three people who are independent from the excluding school will hear the appeal.
Behaviour Support Service
If the Discipline Committee upholds the exclusion decision a referral is made to the Local Authority Behaviour Support Service. Arrangements are made for an alternative placement for the pupil. However, if the pupil concerned has a statement of Special Educational Needs, the Local Authority makes a referral to the SEN Assessment Service.