Skip to content

Last month (April 26),634  parent/carers & young people accessed our service which led to a total of 2,944 calls, emails/contact forms, meetings. 

Essex SEND IASS
Contact us
Contact us

The Department for Education statutory guidance on exclusions says:

The governing board has a duty to consider parents’ representations about a suspension or permanent exclusion. (95)

The head teacher will notify the governing body of:

  • any permanent exclusion (including where a suspension is followed by a decision to permanently exclude the pupil);
  • any exclusion which would result in the pupil being excluded for a total of more than five school days (or more than ten lunchtimes) in a term; and
  • any exclusion which would result in the pupil missing a public examination or national curriculum test.

The Governing body's duties vary depending on length and type of exclusion. 

Where a total number of days suspended in a term is less than 5

Governors must consider parent’s representations but no requirement to meet with parents or power to reinstate

Where total number of days suspended in a term is more than 5 but less than 15

Parents can request the governing body considers reinstatement within 50 school days.

Where total number of days suspended in a term is 15 or over

Governors must consider reinstatement with 15 school days of notice of exclusion.

Any exclusion which would result in a child missing a public examination

If a child is missing a  public examination (e.g. GCSE or national curriculum (e.g. Key Stage 2) test, the governors must consider within 15 school days of exclusion and in addition take reasonable steps to consider the exclusion before the date of the exam or test.

If this is not practical, the chair of governors may consider pupil’s reinstatement alone.

Parents have the right to make representations to the governing body.

Permanent Exclusion

Must consider reinstatement with 15 school days of notice of exclusion.

The role of the Governor to ensure a fair hearing

  • You and your child should feel listened to, treated with respect, and supported at every stage of the process.
  • Governors should look carefully at your child's individual circumstances and think about how an exclusion could affect their education, wellbeing and future, both now and in the longer term.
  • Governors should recognise how Special Educational Needs and Disabilities (SEND) can affect how a child behaves, communicates, manages emotions and responds to situations. 
  • Some child and young people who are vulnerable may show challenging behaviour.  With appropriate support and reasonable adjustments, behaviour can improve and exclusions may sometimes be avoided.
  • Governors must reflect on their own views and make sure decisions are fair, and not influenced by assumptions about a child's background, disability, race, gender, behaviour history or family circumstances. 
  • Governors should also consider how well the school understands and responds to the challenges children face today, including: 
    Special Educational Needs and Disabilities (SEND)
    • Child sexual and criminal exploitation
    • Social media pressures
    • Online safety 
    • Trauma, mental health and adverse childhood experiences 

Take a look at the Frequently Asked Questions on the Child Law Advice website for further information about governor duties & the meeting process.

Find out what to expect at a Governors Meeting