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Primary education

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Permanent exclusion - independent review panel

18 replies

xyz111 · 09/04/2023 11:25

My DS5 has been permanently excluded from school, so we are now going down the independent review panel route as we feel the school did not treat him fairly (he had Asd). Has anyone attended one of these meetings and can give me some advice? The governors review meeting was intimidating enough, this one seems much more serious so want to go into it as prepared as I can do.

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Takeachance18 · 09/04/2023 12:46

So sorry you are having to go through this with a 5 year old. Focus on what the school have done to support your child, as in after every exclusion (assuming there were some before permanent), to change/ prevent another. What "experts" have they spoken to, asked to visit? Has the Educational psychologist visited, made recommendations, did they put in place recommendations, what led up to any behaviour which resulted in exclusion? The school have to prove they have done everything possible (does your child have an EHCP)? If they are not doing everything possible then they are in breach of the exclusion statutory guidance (make yourself familiar with it).

There is case law around exclusion of children with additional needs, which you should make yourself familiar with.

The school he was at, might not be the right school for him, but hopefully you can find the right school.

xyz111 · 09/04/2023 16:30

Takeachance18 · 09/04/2023 12:46

So sorry you are having to go through this with a 5 year old. Focus on what the school have done to support your child, as in after every exclusion (assuming there were some before permanent), to change/ prevent another. What "experts" have they spoken to, asked to visit? Has the Educational psychologist visited, made recommendations, did they put in place recommendations, what led up to any behaviour which resulted in exclusion? The school have to prove they have done everything possible (does your child have an EHCP)? If they are not doing everything possible then they are in breach of the exclusion statutory guidance (make yourself familiar with it).

There is case law around exclusion of children with additional needs, which you should make yourself familiar with.

The school he was at, might not be the right school for him, but hopefully you can find the right school.

Thank you. We have lots of evidence to back up our side, he had 4 suspensions before the permanent one and they didn't change anything each time. They just didn't want him there.
We don't want him to go back to that school, but want the school to be held accountable for how they've treated him and many other SEN children still at the school ☹️

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ReadersD1gest · 09/04/2023 16:31

he had 4 suspensions before the permanent one and they didn't change anything each time
What measures were they supposed to have put in place?

xyz111 · 09/04/2023 16:39

ReadersD1gest · 09/04/2023 16:31

he had 4 suspensions before the permanent one and they didn't change anything each time
What measures were they supposed to have put in place?

Contacting the LA Sen team for advice, specialist teacher service. We were telling them why he was acting the way he was (being shut in a room on his own) but nothing changed. No new suggestions on other strategies they could try. Just a shrug of their shoulders and oh well!

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Earlgreyandcake · 09/04/2023 16:55

Why do you want to go to panel if you don't want him to go to that school?

Skybluepinky · 09/04/2023 18:02

Sounds like it isn’t the right school for them, move them to one that is able to meet their needs.

Takeachance18 · 09/04/2023 19:06

Why go to panel? To prove it was unfair - why should a child, so young, have a permanent exclusion on their record, if a school haven't used their best endeavors to meet needs. This may not be the best school for the child, but guess what, parents don't get to choose the best school, they get told any school can meet need - this impacts all children, because different schools with different leadership and teachers do affect how a child responds and how they meet a childs needs. This can be really simple measures, like how they approach transitions (particularly at this age).

This child may need a specialist setting, but the fight parents have to prove this, even if they know, is long and can be expensive, even if the parents are engaged and fight for their child - because they are expensive settings and their is no money at the Local Authority to pay for it and limited places.

TankFlyBoss · 09/04/2023 19:08

You are entitled to have an SEN expert present at the IRP and it will cost you nothing. You just need to specify that you want them to attend.

Nailsandthesea · 09/04/2023 19:10

xyz111 · 09/04/2023 16:39

Contacting the LA Sen team for advice, specialist teacher service. We were telling them why he was acting the way he was (being shut in a room on his own) but nothing changed. No new suggestions on other strategies they could try. Just a shrug of their shoulders and oh well!

What were the suspensions for?

cansu · 10/04/2023 09:29

What sen does he have? When did you approach services for him? I am guessing these problems dud not just begin when he started school. How were they dealt with at nursery?

cansu · 10/04/2023 09:31

It is also usually 15 exclusions before a permanent one or it can be straight away if there is a significant exceptional incident. What was this last exclusion for?

Charmatt · 10/04/2023 21:36

The panel cannot over turn the decision but they can direct the governors to relook at it. There will be an SEND expert provided by the LA. The panel will have a chair a lay member and an independent headteacher on it. What area are you in?

xyz111 · 11/04/2023 15:11

Takeachance18 · 09/04/2023 19:06

Why go to panel? To prove it was unfair - why should a child, so young, have a permanent exclusion on their record, if a school haven't used their best endeavors to meet needs. This may not be the best school for the child, but guess what, parents don't get to choose the best school, they get told any school can meet need - this impacts all children, because different schools with different leadership and teachers do affect how a child responds and how they meet a childs needs. This can be really simple measures, like how they approach transitions (particularly at this age).

This child may need a specialist setting, but the fight parents have to prove this, even if they know, is long and can be expensive, even if the parents are engaged and fight for their child - because they are expensive settings and their is no money at the Local Authority to pay for it and limited places.

Thank you for understanding!!!
The council have actually been really good and supporting in finding another school. Even they don't believe the school supported him the way they should and just didn't want him there. There's big issues with all SEN children at the school which is being looked in to.
Yes we don't want him going back to the school as it was an awful environment for him, but we want it overturned so that goes on his record, and to hold the school accountable for how they treat their Sen children.

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xyz111 · 11/04/2023 15:12

TankFlyBoss · 09/04/2023 19:08

You are entitled to have an SEN expert present at the IRP and it will cost you nothing. You just need to specify that you want them to attend.

Yes we have requested one which will be really helpful. I'm so glad they'll be there as the school never took any notice of his Sen needs

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xyz111 · 11/04/2023 15:13

I'm not going to go into all his Sen needs and what actions we took etc. I just wanted to see if anyone had been to the IRP so I could get some feedback on what it's like etc.

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Wooddie · 11/04/2023 20:47

Panel will try to put you at ease. They will ask the Chair of the Governors Panel to explain why they did not reinstate your DC and the HT will contribute to this. Panel and you can ask questions. Then it is your turn to present your case. Panel and school can ask questions then the SEN expert will contribute. Ends with summing up from school and you. The Panel cannot reinstate your DC in the school - it can uphold the governors decision or send it back to the Governing Board either for reconsideration or rehearing afresh (quashing the original decision).

Charmatt · 12/04/2023 00:04

In Nottinghamshire, the panel chair is very experienced and very knowledgeable. The panel ask searching questions of the HT and chair of tge governors' panel. The SEND expert is also very experienced and will pick out if anything has not been done properly. They are advised by a solicitor and they are very understanding of the family. The chair asks the parents if their child wants to speak too. It is set up to be as family friendly as possible- probably more than the governors' panel!

Vavav · 14/10/2025 16:43

Hi there,

just wondering what the end result was with this please?

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