The head teacher will notify the governing body of:
- any permanent exclusion (including where a fixed-period exclusion 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 but in the case of permanent exclusion; suspension (fixed-term exclusion) for over 15 days in a term; or any exclusion resulting in missing a GCSE or National Curriculum test, the Governing body must consider reinstatement (within 15 days of exclusion notice).
The Local Authority must be informed without delay of all school exclusions regardless of the length of the exclusion.
For a permanent exclusion from a school outside the pupil’s ‘home Authority’ both local authorities should be notified.
The notification must include the reasons and duration of the suspension or exclusion.
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)
Governing body duties to consider exclusions
| Exclusion type | Governing body duties |
|---|---|
| Permanent | Must consider reinstatement with 15 school days of notice of exclusion. |
| Fixed-term, where total number of days excluded in a term is 15 or over | Must consider reinstatement with 15 school days of notice of exclusion. |
| Fixed-term, where total number of days excluded in a term is more than 5 but less than 15 | Parents can request the governing body considers reinstatement within 50 school days. |
| Fixed-term, where total number of days excluded in a term is less than 5 | Must consider parent’s representations but no requirement to meet with parents or power to reinstate. |
| Any exclusion which would result in a child missing a public examination (e.g. GCSE or national curriculum (e.g. Key Stage 2) test |
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. |
Recent changes to the Suspension and permanent exclusion guidance (Sep 2022) since the recording of these videos, now state that: Pupils if over 18, social workers and virtual school heads (if the child has one or is LAC) should also be invited to the meeting and be informed of the Governors decisions without delay.
