Governing Body Duties
Email this pageThe 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.
Length of suspensions
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 Meeting
The governing body must invite and make reasonable endeavours to arrange the meeting for a date and time which suits:
- parents;
- the pupil if 18 years or over,
- the Head Teacher,
- a representative of the local authority (in the case of a maintained school or PRU*).
- the Social Worker if the child has one, and
- the Virtual Schools Head if the child is LAC.
*For other school types you may request a representative from the local authority attend, but the governing body would have to consent to them making any representations (ie. they may only be allowed to observe).
The meeting should be held face to face, however, parents or excluded pupils over 18 can now request that the meeting is held online. Governing boards will still have to be satisfied that the meeting can be held fairly in this way.
You can ask to take a friend or representative along to the governor meeting with you, and you will get a list of who is attending with copies of written evidence and information at least 5 days in advance of the meeting.
Taking into account, the pupil’s age and understanding, the pupil or their parents should also be made aware of their right to attend and participate in governing board meetings and the pupil should be enabled to make a representation on their own behalf if they wish to do so.
Take a look at the Frequently Asked Questions on the Child Law Advice website for further information about governor duties & the meeting process.
The decision
The governing body will decide to:
- uphold an exclusion; or
- direct reinstatement of the pupil immediately or on a particular date.
Where reinstatement is not practical or you make clear you do not want your child reinstated, the governing body must still consider whether the head teacher’s decision to exclude your child was justified based on the evidence.
The governing body must notify you, the head teacher and the Local Authority the social worker and virtual school head (if relevant) of its decision, and the reasons for its decision, in writing and without delay.
In the case of a suspension, there is a no right of appeal to the independent review panel for this type of exclusion. If you disagree with the governors decision you may want to seek further legal advice to challenge the decision through a disability discrimination appeal. The National Autistic Society provide guidance on How do I appeal my child's exclusion to the First-tier Tribunal (SEND)?
In the case of a permanent exclusion, the governing body’s notification must also include the following information:
- the fact that it is permanent;
- your right to ask for the decision to be reviewed by an Independent Review Panel