Appeals process for permanent exclusion from school

This section explains your rights to appeal against a permanent exclusion from school and what happens to your child's education.

Your current situation

  • Your son/ daughter was excluded permanently from their school by the Headteacher.
  • The Governors’ committee met, listened to all the information and decided to support the Headteacher.
  • You received a letter telling you this and that you have a right to appeal.

Disability Discrimination Legislation

If you believe the exclusion is because of your child’s disability and the discrimination can’t be justified, you can raise this through the exclusion procedures.

What happens next?

  • You as a parent have a right to appeal against the decision to exclude.
  • You don’t have to appeal – it’s up to you.
  • If you don’t appeal your child’s name comes off the school roll.
  • If you opt to appeal, an independent panel is set up to look at the reasons for the exclusion. The panel members have nothing to do with the school.
  • The panel can make one of three different decisions:
  1. They can agree with the school about the exclusion OR
  2. They can overturn the exclusion and insist your child can go back to the school if you want OR
  3. They can say the exclusion was not justified but they don’t think your child should return to the school.
  • You have 15 school days to decide whether to appeal. The deadline will be in the school’s letter. If you miss the deadline, you cannot appeal.

The appeal process

  • The first step is to submit an appeal form to Knowsley Council Democratic Services.
  • The council sets up the hearing with an independent panel. This will be within 3 school weeks of receiving your appeal form.
  • The hearing is attended by the panel members – usually 3 – their clerk, one or more representatives from the school, you as parent/carer and, if you wish, your child.
  • The appeal is usually held in a municipal building, never in the school concerned.
  • Before the hearing, you will receive copies of the school’s papers to explain why they excluded. You can submit any written documents about your views. You can send them in with the appeal form.
  • At the hearing, you can question the school about their decision. You can speak to the panel, both to state your views and to ask questions. The others present can ask you questions about what you say.
  • The hearing is not very formal. The panel will try to make you feel relaxed. However, there is an order of procedure so that everyone knows what will happen and when they have their chance to speak.
  • The hearings vary in length and there is no set time limit. You will have the time you need to put forward your views. The average time for the whole hearing is 1.5 hours.
  • The panel has legal advice to ensure everything is done correctly.

After the hearing

  • The panel members take their decisions in private. Their clerk will write to you as parent/carer to tell you the outcome.
  • If your child can return to their own school, you will be invited into school to plan for this.
  • If your child cannot return to their own school, the Council will continue to provide education.
  • The Placement and Monitoring Officers from the Admissions & Exclusions Team will discuss with you what the next steps are. A new school place can usually be found. There will be planning and support for the admission.

For independent advice on exclusion contact the Advisory Centre for Education (ACE) on 020 7704 9822.