Rulebook · Way to challenge

Exclusions: governing board review and independent review panel

Suspensions and permanent exclusions are decided by the head teacher, not the SEND Tribunal. The governing board must consider every permanent exclusion and some suspensions. If the board does not reinstate a permanently excluded pupil, an independent review panel can be asked for. A SEN expert can be asked to advise the panel, whether or not the school accepts the pupil has SEN.

Who can use it: Parents, or the pupil if aged 18 or over. Time limit: The parent (or a pupil aged 18 or over) can ask for an independent review panel, and for a SEN expert if wanted, within 15 school days of being given written notice of the governing board's decision. School days depend on the school's term dates.

Alongside other ways

It can run alongside a disability discrimination claim to the SEND Tribunal and a request to the council for an early review of the plan.

Cost

Free.

What it can do

• The governing board can reinstate the pupil.
• The review panel can uphold the decision, recommend the board reconsiders, or cancel (quash) the decision and direct the board to reconsider.

What it cannot do

• The panel cannot order the school to take the pupil back.
• It does not change the EHC plan.
• Discrimination is decided by the SEND Tribunal, as a separate claim.

Type of rule

Law (Act or Regulations)This is the law, set by an Act of Parliament or by Regulations.

Rule id

route.exclusion_review

Rules version

england-2026.10

Law as at

30 September 2026

Sources

• Education Act 2002, s 51ALaw (Act or Regulations)
• School Discipline (Pupil Exclusions and Reviews) (England) Regulations 2012Law (Act or Regulations)
• School Discipline (Pupil Exclusions and Reviews) (England) Regulations 2012, reg 2(1)Law (Act or Regulations)
• School Discipline (Pupil Exclusions and Reviews) (England) Regulations 2012, reg 6Law (Act or Regulations)
• School Discipline (Pupil Exclusions and Reviews) (England) Regulations 2012, reg 7(1)(b) and (3)Law (Act or Regulations)
• School Discipline (Pupil Exclusions and Reviews) (England) Regulations 2012, Sch 1 para 2(1)Law (Act or Regulations)
• Education Act 1996, s 19(1)Law (Act or Regulations)

Related

• Suspensions and exclusions

See the ways to challenge

The whole rulebook