Guide to School Exclusion

This simple guide will help you navigate the school exclusion process for pupils in maintained schools, academies and pupil referral units in England. Our student representatives can help you at each stage of the process. This guide is for the purposes of providing you with information and is not intended to be legal advice.

Law on School Exclusion

The primary legislation relating to exclusions is contained in s.51A of the Education Act 2002.


There is also secondary legislation in the form of regulations (The School Discipline (Pupil Exclusions and Reviews) (England) Regulations 2012), which must be complied with.


Finally, there is guidance the on exclusion from school. The latest version was issued in 2024 - Suspension and Permanent Exclusion from maintained schools, academies and pupil referral units in England, including pupil movement - Guidance for maintained schools, academies, and pupil referral units in England (August 2024), DfE, which must be followed unless there is a good reason not to do so in a particular case.  It is this document we are referring to when mentioning ‘guidance’ below.

School Exclusion Process

In summary, the school exclusion process for pupils in maintained schools, academies and pupil referral units in England works like this:

  1. Exclusion decision by head teacher
  2. Governors’ Disciplinary Committee hearing (GDC)
  3. Appeal to Independent Review Panel (IRP). And if successful,
  4. Re-convened Governors Disciplinary Committee (RGDC)


See each stage in more detail below: 

Exclusion Decision

The power of a Head Teacher to permanently exclude a student is found in section 51A of the Education Act 2002. An exclusion must only be made on disciplinary grounds.


The Head Teacher has a discretion to cancel an exclusion, but only if it has not yet  been reviewed by the governing board at a Governors’ Disciplinary Committee (GDC).

Written Notification

The first stage of a permanent exclusion is written notification (without delay) to the parents of the Head Teacher’s decision to exclude. Paragraph 64 of the Guidance provides that this letter must contain:

  • The reason(s) for the suspension or permanent exclusion.
  • The period of a suspension or, for a permanent exclusion, the fact that it is permanent.
  • Parents’ right to make representations about the suspension or permanent exclusion to the governing board (in line with the requirements set out in paragraphs 97 to 107 of the Guidance) and how the pupil may be involved in this.
  • Parents’ (or an excluded pupil if they are 18 years or older) right to make a request to hold the meeting via the use of remote access and how and to whom to make this request (further information on other information this should include can be found in Guidance Annex A: Key principles when conducting meetings via the use of remote access).
  • How any representations should be made; and 
  • Where there is a legal requirement for the governing board to consider whether the pupil should be reinstated, that parents or an excluded pupil (if they are 18 years or older) have a right to attend a meeting, to be represented at that meeting (at their own expense) and to bring a friend.

Governors’ Disciplinary Committee hearing (GDC)

Once the headteacher has sent this written notification, the school’s Governing Body must convene a Governors’ Disciplinary Committee (GDC) within 15 school days (unless it is not possible to meet in person because of extraordinary events or unforeseen circumstances and it is not reasonably practicable for the meeting to be held remotely).


Although the Head Teacher makes the initial decision to permanently exclude, the Governing Body must decide whether the child should be reinstated by effectively re-taking the head teacher’s decision. 


The parent may make submissions at the GDC, and the regulations provide a right for a parent to be represented. The School Exclusion Project can provide a representative to help you at this stage.

Independent Review Panel (IRP)

If the GDC decides not to reinstate the child (i.e. upholds the permanent exclusion), the parents may wish to further appeal the decision to the Independent Review Panel (IRP). The School Exclusion Project can provide a representative to help you at this stage.


Following notification of the GDC’s decision to uphold the exclusion, the parents have 15 school days to request an IRP. 


This hearing must then take place within 15 school days of the day on which the parent’s application for an IRP was made.


IRP Powers

The legal powers of the IRP are set out at s 51A(4) of the Education Act 2002 and in the regulations (you can read more about the regulations below). The IRP will consider the decision made by the Governing Body and may:

  • Uphold the decision to exclude.
  • Recommend the GDC re-consider the matter; or 
  • If they find the decision flawed, quash the GDC’s decision and direct them to reconsider reinstatement. 


The focus of the panel’s decision is whether there are sufficient grounds for them to direct or recommend that the governing board [GDC] reconsider its decision that the pupil should not be reinstated (guidance para. 225).


All decisions of a governing board [GDC] must be made in accordance with public law. Independent Review Panels are expected to understand the legislation that is relevant to suspensions and permanent exclusions and the legal principles that apply. When considering the GDC’s decision in light of the principles applicable in an application for judicial review, the panel should apply the following tests:

  • Illegality – did the governing board act outside the scope of its legal powers in deciding that the pupil should not be reinstated?
  • Irrationality – did the governing board rely on irrelevant points, fail to take account of all relevant points, or make a decision so unreasonable that no governing board acting reasonably in such circumstances could have made it?
  • Procedural impropriety – was the governing board’s consideration so procedurally unfair or flawed that justice was clearly not done? Procedural impropriety means not simply a breach of minor points of procedure but something more substantive that has a significant effect on the quality of the decision-making process. This will be a judgement for the panel to make, but the following are examples of issues that could give rise to procedural impropriety: bias; failing to notify parents of their right to make representations; the governing board making a decision without having given parents an opportunity to make representations; failing to give reasons for a decision; or being a judge in your own case (for example, if the headteacher who took the decision to exclude were also to vote on whether the pupil should be reinstated) (guidance paras. 226 -228).


The IRP cannot compel the Governing Body to reinstate the pupil.

Re-Convened Governors’ Disciplinary Committee (RGDC)

If the IRP recommends a reconsideration or quashes the GDC’s first decision, the GDC must meet to review its previous decision within 10 school days. Our representatives can help you with this.


It is important that the governing board conscientiously reconsiders whether the pupil should be reinstated, whether the panel has directed or merely recommended it to do so. Whilst the governing board may still reach the same conclusion as it first did, it may face challenge in the courts if it refuses to reinstate the pupil, without strong justification (Guidance para. 255).


The School Exclusion Project cannot provide a representative for you after the RGDC stage. However, we might be able to assist by recommending a firm of solicitors to you. 

Pupils with Disabilities and Special Educational Needs

For pupils with disabilities and Special Educational Needs (SEN) including those with Education, Health and Care plans (EHC plans), the Equality Act 2010 requires schools to make reasonable adjustments for disabled pupils. This duty can, in principle, apply both to the suspensions and permanent exclusions process and to the disciplinary sanctions imposed. 


Under s.66 of the Children and Families Act 2014, governing boards must use their ‘best endeavours’ to ensure the appropriate special educational provision is made for pupils with SEN, which will include any support in relation to behaviour management that they need because of their SEN. (See Guidance paras. 54-57).

Helping You

If your child has been excluded from school, please contact us and we will do our best to assign a representative to your case. Press the ‘Contact Us’ button, fill in the online form and we will then respond to you. Please bear in mind that our representatives require at least 6 days to assist with a Governors’ Disciplinary Committee, or 8 days for an Independent Review Panel. This can be a stressful time for both parents and children and we will always do our best to assist you.