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* - i.e., overturn the suspension or permanent exclusion of the pupil immediately or on a particular date.
*Where reinstatement would make no practical difference, e.g., 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.