Role of the governing body when dealing with exclusions
Maintained schools
The governing body may delegate its functions to a designated sub-committee consisting of at least three governors.
Academies
The governing body may delegate to a smaller sub-committee if the trust’s articles of association allow them to do so.
The Governing Body must consider the reinstatement of an excluded pupil within 15 school days of receiving notice of:
- A permanent exclusion
- A fixed-period exclusion which brings the total excluded school days to more than 15 in a term
The Governing body may also be required to consider a fixed-period exclusion for less than 15 days but this is dependent on whether a parent requests it.
When considering an exclusion decision, the governing body must:
- Consider the interests and circumstances of the excluded pupil and the circumstances of the exclusion itself.
- Have regard to the interests of other pupils and people working at the school.
- Consider any representations from the parent and the head teacher.
- Apply the civil standard of proof; i.e. ‘on the balance of probabilities’ it is more likely than not that a fact is true rather than the criminal standard of ‘beyond reasonable doubt’.
Decisions of the Governing Body
The governing body can decline to reinstate a pupil - uphold an exclusion or Direct reinstatement* - overturn the exclusion of the pupil immediately or on a particular date.
Where reinstatement would make no practical difference, e.g. fixed-period exclusion has ended, or the parent make clear they do not want their child reinstated, the board must still consider whether the pupil should be officially reinstated.