Exclusion Appeal Panels Training Pack
Recent update:
Independent Appeal Panels' consideration of whether or not to
order reinstatement when not upholding a permanent exclusion.
The Court of Appeal held on 18 September 2007 (D v Independent Education
Appeal Panel of Bromley London Borough and Another, Case No CI/2007/1011)
that the Panel needed to have evidence from the school as to why reinstatement
should not be directed. The Regulations state the Panel may decide that,
because of exceptional circumstances or for other reasons, it is not practical
to give a direction requiring reinstatement. The Court of Appeal said that
the school needed to be invited to advance reasons for objecting to
reinstatement and that those reasons should usually be different from those
advanced in support of the decision to permanently exclude. If the reasons
are the same as those advanced in support of the decision to exclude, and that
decision is overturned, then they are unlikely to be persuasive when opposing
reinstatement. This need not entail two separate hearings or two separate
stages of a single hearing. The parties can be invited within a single
hearing to make submissions as to reinstatement on the contingent basis that
the exclusion is not upheld. Alternatively they can be invited to do so once
the first decision has been announced. It is contrary to natural justice
for the parents to be unaware of the arguments put by the school against
reinstatement and so be unable to address them.
Exclusion Appeal Panels Training Pack:
This is the revised version of the training pack first published in September 2001.
It's been revised to take account of changes in legislation and guidance which took place in January 2003.
To download click on relevant heading.
