Role of the governing body when dealing with suspensions and permanent 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 sub-committee if the trust’s articles of association allow them to do so. The governing body must consider the reinstatement of a pupil within 15 school days of receiving notice of:
- a permanent exclusion
- a suspension which brings the total number of suspended school days to more than 15 in a term
The governing body may also be required to consider a suspension for less than 15 days, but this is dependent on whether a parent requests it.
When considering a suspension or permanent exclusion decision, the governing body must:
- consider the interests and circumstances of the pupil and the circumstances of the suspension/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, i.e., uphold a suspension or permanent exclusion, or Direct reinstatement*, ie overturn the suspension or permanent exclusion of the pupil immediately or on a particular date.
*Where reinstatement would make no practical difference, eg a suspension has already 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.