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Governing Body Hearing

Guide to Exclusion (2)

Key Points

A ‘Governing Body hearing’, also referred to as a ‘Governors’ Disciplinary Committee’ (GDC), is a meeting that a school’s Governors must hold when the head teacher has decided to make a permanent exclusion.

If your child is permanently excluded, you should receive a letter informing you of the exclusion and that there will be a GDC. Your child has a right to a GDC. It is advisable to give written notice to the contact you were given that you will be attending. It need not be a detailed letter. The Governors have a maximum of 15 school days from the date of their notification to convene for the GDC.

A ‘Clerk to the Governors’ will be appointed, and they will be your point of contact for the formal arrangements of the GDC. The Clerk is the person to whom you should send any documents you want the Governors to consider during the GDC. If you want the Governors to consider any documents, make sure that you send them to the Clerk with plenty of time before the GDC (ideally five days before). The Clerk will be present at the GDC and will take the minutes.

The GDC usually takes place at the school the child was excluded from. There will be a minimum of three Governors, one of whom will chair the meeting. Any Governor with a personal connection or prior involvement with the child must step down.

A representative from the Local Authority may be present at the GDC. If your child has Special Education Needs, you can request that a Special Education Needs expert be present at the GDC in order to provide their opinion on the child’s needs, and what adjustments ought to have been made in order to meet those needs.

Neither the school’s representatives, nor the Local Authority representative, nor you, may be left alone with the Governors at any time. This is to ensure fairness for all involved. The only person that is permitted to be alone with the Governors is the Clerk.

Structure of the Hearing

  1. The Governor chairing the GDC will introduce everyone and briefly explain the structure of the meeting.
  2. The school will then present their case, explaining why they made the decision to permanently exclude the child. It is possible that teachers or other staff members may speak on behalf of the school. This may be because they were closely involved in the child’s schooling, or it may be because they were involved with the investigation that led to the permanent exclusion.
  3. Once the school have said all that they wish to say, the Governors may ask questions to clarify any points that they are unsure of. You will then have the opportunity to ask questions, but these questions ought to be kept to a minimum because you will have the opportunity to put your child’s case forward immediately after.
  4. You present your case on behalf of the child. This is your opportunity to state why your child should be allowed to return to school. The child may attend the GDC and speak at this point if they wish to. In some cases, the child might wish to speak personally, but in others this would not be appropriate. It is entirely up to you whether the child attends or not.
  5. Once you have said all that you wish to say, the Governors may ask you questions to clarify any points that they are unsure of. The school will also have the opportunity to ask you questions.
  6. Both the school, and then you, will have the opportunity to make a closing statement. Try to keep this short; it is simply for you to summarise the points you have already made so that the Governors are left with a clear idea of what your main points are.
  7. Unless the Governors have any further questions, all parties (except the Governors) leave the room.

How the Governors make their decision

The Governors must then decide whether or not they agree with the head teacher’s decision to permanently exclude the child. When making their decision, the Governors will consider a number of different things, including:

  • Whether the school’s decision to permanently exclude was justified;
  • Oral representations and documentation provided by the School and by you.
  • Any evidence or witness statements collated after the event that led to permanent exclusion (if applicable);
  • The school’s policies (eg. Behaviour, Uniform, or Bullying Policies);
  • If your child has Special Education Needs, there are additional factors that the Governors will need to take into account, including whether the school made the necessary ‘reasonable adjustments’.

The Governors need to be satisfied that the exclusion was justified on a ‘balance of probabilities’. They do not need to be satisfied to the criminal standard of ‘beyond reasonable doubt’. If the Governors agree with the head teacher’s decision, the exclusion can be challenged at an Independent Review Panel. If the Governors disagree with the head teacher’s decision, the exclusion is cancelled and the child can return to school. You will be informed of the outcome of the decision in writing. The letter you receive should clearly outline the reasons for which the Governing Body came to their decision.