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Secondary education

Connect with other parents whose children are starting secondary school on this forum.

Appealing against Permanent Exclusion

135 replies

McTemp · 07/07/2011 15:16

Would love to pick some brains out there! A friend of mine has a daughter in Year 8 who has just been permanently excluded, and this exclusion has been upheld by the Governing body. Parents want to appeal this decision.

The reason given for the exclusion was "persistent distruptive behaviour", and they outlined a number of examples of this.

While parent doesn't dispute most of these took place, it is clear that this is a very high achieving school, and her daughter struggles academically (School Action Plus for dyslexia), and I think the school are keen to get rid of the child, as her grades affect their results.

The child in question is also deaf in one ear, and parents would like to appeal because they don't believe their daughters disabilities have been taken into account. The decision letter states:

"staff received training how to deal with deafness on an annual basis, but accepted that perhaps not all teachers were aware of X's hearing loss."

Parents believe that the child's misbehaviour in class arose because of her disability as it was likely that she couldn?t hear instructions given to her and was placed in the back of the class when she should have been at the front.

Has anyone got advice about what the exclusion appeal process is like, and what sort of things parents might need to prove?

OP posts:
admission · 20/09/2011 13:04

PRH,
As far as i am aware the draft is still bouncing around the DfE, while they try and decide exactly what they want the code to say. Rumour has it that the code will be out next month, but i am not holding my breath.
If it, as expected, comes out as you have described it, then I would echo your concerns. Where there is a weak governing body and a strong (overpowering) head the governing body will not potentially accept the recommendation of the IAP and I am not sure who has the final say. My guess would be that this will be the law courts.
If an IAP recommends something and the Gb then does not accept, there will clearly be parents who will then go to law over it. That then brings up all sorts of issues, not the least of which is presumably that the burden of proof changes from one of the probability that the pupils did what was alleged to one of beyond reasonable doubt (the legal standard). I might also add here that having talked to a few education lawyers they all think that both the exclusion and admission code changes will be "good" for business, which can only be bad for schools.
Another issue that has not been sorted out is what happens if the decision goes back to the governing body. Is that a new panel of 3 governors or the same three governors? If it is a new panel then there is a real risk that they will not have adequate training and therefore another problematic decision being made and a real risk that schools with small governing bodies will actually run out of appropriate governors to be on the committee.
It is ironic that all the teaching unions, head teacher unions, local authority associations and the National Governors Association said leave this alone, but the government had to tinker and "give the final say" to the head, which it has never been and never will be, as it is the governor appeal committee.

prh47bridge · 20/09/2011 17:37

Thanks for that Admission. I've only seen the Bill which doesn't give any details beyond what I posted earlier. Interestingly the bit about quashing the governors' decision talks about the review panel making this decision "in the light of the principles applicable on an application for judicial review". However, it does not seem to prevent parents (or GBs) applying for judicial review.

Just one minor point - if the parents go to law it will be a civil case which means it will be decided on the balance of probabilities. "Beyond reasonable doubt" only applies to criminal cases.

I shall be interested to see the draft code when it finally appears.

By the way, if anyone else is interested the relevant part of the Bill can be read here.

admission · 20/09/2011 20:30

Just one minor point - if the parents go to law it will be a civil case which means it will be decided on the balance of probabilities. "Beyond reasonable doubt" only applies to criminal cases.

prh Oh how interesting, because I was told that by somebody in the DfE. Just goes to show you can't rely on anybody!

hangon · 22/09/2011 23:41

Glad it has worked out for this girl. Very interesting all the negative people have not come back to this post to say well done.

MuswellHeeled · 23/09/2011 07:20

Just read this whole thread. McTemp - I take my hat off to you.
Very glad this girl can now move forward positively.
I would like to say something snooty about the grammar and spelling in Maypole's ugly posts...but I would never do that...Grin

redglow · 23/09/2011 19:16

Oh come on hangon do you really think that those types would admit to be proved wrong.

sunshinenanny · 24/09/2011 22:35

Congratulations McTemp,Smile really pleased for this girl and a lesson to some of the previous posters on this thread, not to make judgements before all the facts are heard. Children do get wrongly singled out for exclusion.

Marjoriew · 25/09/2011 06:54

Well, I would like to say I'm sorry for my postings here and for judging this girl prematurely.
I hope she goes on to do well at her new school and I'm pleased that someone has stood up for her.

mungogerry · 25/09/2011 07:59

Well done McTemp. Best outcome for all!

hangon · 25/09/2011 17:29

Yes redglow you are right, at least your views were constructive major.

I was thinking of the more spiteful ones like maypoles just the sort of parent I dread meeting in the real world.

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