What happens at the review hearing

Summary: This page explains what will happen at the review hearing, who will be there, how the independent review panel (IRP) makes its decision, and what happens afterwards.

When the hearing will happen

The School Appeals Service will arrange your hearing within 15 school days of receiving your application.

We aim to send you these at least 5 school days before the hearing:

• the papers the panel will read
• a simple plan for the day

The hearing is not a court. We aim to make it as calm and informal as possible.

Who can attend

You can bring:

• your child (if you want them there)
• a friend, legal adviser or representative
• witnesses
• an interpreter or signer, if needed

Who will be there

These people will be at the hearing:

• the independent review panel (IRP) – three trained members
• the clerk – a legally trained person who supports the process
• the headteacher
• someone from the governing board

No one on the panel can have a link to your child’s school or anyone involved in the case.

Who is on the panel

The panel has 3 trained members:

• One member is, or was in the last 5 years, a headteacher or principal.
• One member has served as a school governor, on a pupil referral committee or as an academy director. They must not have worked as a teacher or headteacher in the last 5 years.
• One member is a lay person who has never worked in a school as paid staff. The lay member chairs the panel.

Who may also attend

Other people may also attend the hearing, including:

• a special educational needs (SEN) expert, if you asked for one
• a representative from the local authority (in some cases)
• witnesses
• the alleged victim or their representative (for part of the hearing)
• observers (for training), but only if you agree

What will happen at the hearing

The clerk will explain the process and answer questions.

Each person will have the chance to speak.

You can share your views and give your evidence.

The panel will ask questions to understand what happened.

The panel will consider everything it has heard.

What the panel can decide

The panel cannot reinstate your child.

It can only:

• uphold the permanent exclusion
• recommend the governing board reconsider the decision
• quash (cancel) the decision and direct the governing board to reconsider if your child should return to the school

Even if the board recommends or directs reconsideration, the governing board does not have to reinstate your child.

For more detail about how the panel makes its decision, read How the review panel decides.

After the hearing

The clerk will phone you as soon as possible after the panel makes its decision.

They will then write to you, the school and the governing board.

Your child’s school record

The permanent exclusion and panel decision stays on your child’s school record whatever the panel decides.