Exclusions from State Schools
Children will get excluded from schools for a variety of reasons; some incidents are very serious and others are relatively minor. Exclusions from schools are carefully governed by the law. Parents have the right to challenge any fixed term or permanent exclusion that they may feel is unfair through internal procedures. Exclusions should only be imposed as a last resort by Headteachers and should not be imposed in the heat of the moment. Fairness demands that the Headteacher makes their decision after a thorough investigation has been undertaken.
A parent can appeal against a fixed term exclusion of more than 5 days to the Governing Body of the School. The law has changed and the new government Guidance now applies to all exclusions imposed from 1 September 2012. A parent will still have the right to appeal against a permanent exclusion to an Independent Review Panel (IRP) following an unfavourable decision by the Governing Body however the IRP can no longer order reinstatement of the child. The IRP will only be able to make recommendations, but its decision will still be binding on all parties.
In light of the ever growing changes in the law, it is important that parents obtain legal advice as soon as possible.
All State Schools and Academies must adhere to the DfE Guidance issued by the Secretary of State.
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