The Department decided to remove the optional training package, ‘Getting it, getting it right’ from the website as it is too prescriptive and out of date.

When considering the permanent exclusion of a pupil from school, independent appeal panels must abide by public law principles.

The Office of Public Sector Information publishes the text of legislation online.

The main legislation covering Independent Appeal Panels and their duties is:

  • Section 52 of the Education Act 2002 - provides the power for head teachers of maintained schools and teachers in charge of pupil referral units to exclude pupils for a fixed period or permanently.
  • The Education (Pupil Exclusions and Appeals) (Maintained Schools) (England) Regulations 2002 SI 2002/3178 - covers headteachers, governing bodies and local authority duties following the exclusion of a pupil from a maintained school. The Schedule covers the constitution and procedure of appeal panels.
  • The Education (Pupil Exclusions and Appeals) (Pupil Referral Units) (England) Regulations 2008 SI 2008/532 - cover teacher in charge, management committees and LA duties following the exclusion of a pupil from a pupil referral unit. The Schedule covers the constitution and procedure of appeal panels.
  • The Education (Pupil Exclusions) (Miscellaneous Amendments) (England) Regulations 2004 SI 2004/402.
  • The Education (Pupil Exclusions and Appeals)(Miscellaneous Amendments)(England) Regulations 2006, SI 2006 No. 2189 introduced the compulsory training requirement for IAP members and clerks, representation at the IAP by schools, LAs and headteachers.
  • Education and Inspection Act 2006 section 97-108 actions should be taken following a permanent exclusion and combined hearings and factors to consider when deciding whether or not to uphold an exclusion.
  • Equality Act 2010 – The panel must comply with the new public sector equality duty.
  • Human Rights Act 1998 – The panel must comply with the European Convention on Human Rights and in particular give consideration to Article 6, The right to a fair trial.

Scrutiny

The decisions made by panels are binding on the headteacher and governing body but may be subject to scrutiny. The decision may be submitted by parents, schools or LAs for judicial review by the courts. The Local Government Ombudsman can investigate complaints about maladministration in the conduct or organisation of the hearing.

Supervision

A member of the Administrative Justice & Tribunals Council is entitled to attend as an observer. LAs should notify the Council of forthcoming appeals (their address is: 81 Chancery Lane, London, WC2A 1BQ). Further information about the Council is available here.

Other relevant exclusion legislation:

  • Sections 97 to 108 of the Education and Inspections Act 2006.
  • The Education (Provision of Full Time Education for Excluded Pupils) (England) Regulations 2007 SI 2007/1870.
  • The Education (Reintegration Interview) (England) Regulations 2007 SI 2007/1868.
  • The Education (Penalty Notices) (England) Regulations 2007 SI 2007/1867.
  • The Education (Parenting Contracts and Parenting Orders) (England) Regulations 2007 SI 2007/1869.
  • The Education (Pupil Registration) (England) Regulations 2006 SI 2006/1751.