Governing body duties
The head teacher will notify the governing body and the local authority 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; 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 Department for Education statutory guidance on exclusions says:
The governing board has a duty to consider parents’ representations about an exclusion. (52)
Watch this video from UCL explaining 'Who's who in the exclusion process':
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.
The governing body must invite and make reasonable endeavours to arrange the meeting for a date and time which suits:
- the Head Teacher; and
- a representative of the local authority (in the case of a maintained school or PRU*).
*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).
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.
Take a look at the Frequently Asked Questions on the Child Law Advice website for further information about governor duties & the meeting process.
Watch this UCL video which explains the governing body and their involvement:
You do not have to attend but the meeting is an opportunity to ask any questions about the incident/s and the exclusion decision. You can also discuss related information such as your child's SEN and the support they receive.
It is important to prepare your representations (questions & concerns) in advance of the meeting. Take a look at our information about preparing your questions and concerns
Watch a Suffolk parent talking about their experience of permanent exclusion:
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 of its decision, and the reasons for its decision, in writing and without delay.
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
Watch this UCL video explaining the process around the Governing body's decision: