Independent Appeals Panels

Introduction

The Discipline Committee of a school's governing body will make the decision to permanently exclude a pupil only in extreme circumstances.
Permanent exclusion means that your child can no longer attend his/her school. This decision can be changed only on appeal by the parent of a child under the age of 18 to a local independent appeal.
Your child's name cannot be removed from the school roll until the appeal procedure is completed, or until the time has expired without an appeal being lodged, or until you inform the County Secretary in Children's Services that you do not intend to appeal.

How long do I have to appeal?

You have 15 school days in which to appeal after you receive in writing the Discipline Committee's decision to uphold the permanent exclusion. Children's Services will write to you giving its view of the permanent exclusion and its reasons for that view.
The letters from the Discipline Committee and Children's Serviceswill give you the latest date on which you can lodge your appeal. You cannot appeal after that date.

How do I appeal?

By completing the form sent to you by Children's Services. The form will be enclosed with the letter from Children's Services sent after the Discipline Committee meeting, alternatively you can download the form below:

Notice of Appeal Permanent Exclusion Form

Return it to: The County Secretary, The Courts, CARLISLE, CA3 8LZ

You should clearly state why you feel the wrong decision has been made and why you feel your child should be allowed to return to his/her school of your appeal.
Enclose any documents or written evidence that you wish to submit in support.

Can I attend the Appeal Panel Meeting?

You and your child will be invited to attend. You may prepare and present your case yourself for the appeal hearing or you may take along a friend or solicitor to help present your case. You are not entitled to legal aid. EWO's do not attend appeal hearings with parents.

What evidence will be given?

The school may present evidence about your child's educational ability, behaviour and social background as well as the facts surrounding the incident which led to the permanent exclusion. Children's Services will give their view and say whether they feel that permanent exclusion is appropriate or not. You will receive copies of this information in advance of the hearing.

What happens if my appeal is not successful?

An Education Welfare officer will offer you advice on how to register your child at another school or, where appropriate, inform you of other educational alternatives. Every effort will be made to support you at this stage.

What is an Independent Appeal Panel?

Three or five people may serve on the Appeal Panel. At least one member must have experience of education and at least one member must be a lay person.

No member should have any links with your child's school or have had any previous involvement with your child's exclusion.

Panel members must remain impartial. They have a duty to ensure that everyone is given full opportunity to present their case and put forward their views.

Who attends the Appeal?

• A Clerk from the County Council Legal Service whose duty it is to advise on the law and how the meeting should proceed.
• A member of the school governor's Discipline Committee and the Headteacher will normally represent the school.
• A representative from Children's Services.      

The appeal hearing will not be held on the school or Children's Services Premises.

What happens at the Appeal?

The following procedure is normally adopted: 

• The school will present its case. Questions may then be asked by the school, Appeal Panel members, the Clerk and the Children's Services representative.
• Parents present their case. Questions may then be asked by the school, Appeal Panel members, the Clerk and the Children's Services representative.
• The view of Children's Services is then given. Questions may then be asked by the parents, the school, Appeal Panel members and the Clerk.
• The school will sum up.
• Parents will sum up.
• The Appeal Panel retire to make their decision.     

The decision of the Appeal Panel is final and binding on all parents, the school and Children's Services.