Permanent exclusions in schools: Latest report, guidance and safeguards

The number of Independent review panels (IRPs) – which can be requested by parents after a school’s governing board has decided to uphold an exclusion – has accordingly more than doubled in the past decade, prompting debate over whether schools now face “too much pushback” after a decision has been made.

Research from The Coram Children’s Legal Centre (CCLC)

The charity The Coram Children’s Legal Centre (CCLC) has recently published a report which makes recommendations on permanent exclusions from schools. The report highlights an increase of “informal practices” such as off-rolling.  It should be noted that off-rolling should not happen in any circumstances and any instances of off-rolling will be investigated by Ofsted. The report also found that since 2012, 0.6 per cent of pupils whose exclusions were upheld by governors have been reinstated following an independent review.

The government’s schools White Paper has also been criticised by the charity because it does not include major changes to permanent exclusions. The charity has called for IRPs to be granted authority to directly reinstate pupils to address what it calls an “acute systemic power imbalance” in the system.

On 26 May 2026, the Department for Education published updated guidance for schools with regard to suspensions and exclusions which should be followed from July 2026 and this covers the legal alternatives which schools can consider instead of permanent exclusions. Schools can use and should consider, before making a permanent exclusion, off-site directions or managed moves.

This article summarises the key points in the guidance regarding the process to be taken when a pupil is permanently excluded as well as the various safeguards in place.

Guidance for Schools on Permanent Exclusions

The role of the Headteacher

Firstly, it should be noted that only the headteacher of a school has the power to suspend or permanently exclude a pupil and this must be on disciplinary grounds.

The decision to exclude a pupil permanently should only be taken:

• in response to a serious breach or persistent breaches of the school’s behaviour policy
• where allowing the pupil to remain in school would seriously harm the education or welfare of the pupil or others such as staff or pupils in the school

Whenever a headteacher permanently excludes a pupil, they must, without delay, notify parents or the excluded pupil (if they are 18 years or older) of the permanent exclusion and the reason(s) for it.

Guidance to the headteacher on informing the Governing Board about an exclusion

A headteacher should ensure a process is in place for a governing board when considering reinstatement following a permanent exclusion:

• Do governors understand the permanent exclusion process to enable a review within deadlines?
• Are there up-to-date templates for notifying parents of the decision and explaining the next steps?

The role of the Governing Board

The governing board has a duty to consider parents’ representations about a permanent exclusion.  In the case of an academy, the governing board may delegate to a committee of the trust board.  The governing board must decide on the reinstatement of a permanently excluded pupil within 15 school days of receiving notice of a permanent exclusion from the headteacher.

The governing board must:

• ask for any written evidence in advance of the meeting, including witness statements and other relevant information held by the school such as those relating to a pupil’s SEN and the pupil’s school record
• allow parents and the pupil to be accompanied by a friend or representative

When establishing the facts in relation to a permanent exclusion the governing board must apply the civil standard of proof, i.e., ‘on the balance of probabilities’ (it is more likely than not that a fact is true) rather than the criminal standard of ‘beyond reasonable doubt’.

In the light of its consideration, the governing board can either:

• decline to reinstate the pupil
• direct reinstatement of the pupil immediately or on a particular date

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The role of Independent Review Panels (“IRP’s”)

If applied for by parents within the legal timeframe, the local authority or (in the case of an academy) the academy trust must arrange for an IRP hearing to review the decision of a governing board not to reinstate a permanently excluded pupil.  In reviewing the governing board’s decision not to reinstate a permanently excluded pupil, the panel must consider the interests and circumstances of the permanently excluded pupil, including the circumstances in which the pupil was permanently excluded and have regard to the interests of other pupils and people working at the school.

Following its review, the panel can decide to:

• uphold the governing board’s decision not to reinstate
• recommend that the governing board reconsiders reinstatement
• quash the governing board’s decision and direct that the governing board reconsiders reinstatement

The governing board’s duty to reconsider reinstatement

When an IRP directs or recommends a pupil’s reinstatement, the governing board has the opportunity to look at the pupil’s reinstatement afresh. It is important that the governing board conscientiously reconsiders whether the pupil should be reinstated, whether the panel has directed or merely recommended it to do so. Whilst the governing board may still reach the same conclusion as it first did, it may face a challenge in the courts if it refuses to reinstate the pupil, without strong justification.

Next steps

Our education team can support your school throughout the process of managing a behavioural incident to ultimately sanctions and permanent exclusion.  We can prepare statutory policies; precedent letters for each stage including the headteacher’s decision letter, governing body’s decision letter and the IRP decision letter, together with model witness statements.  We can also support your school with clerking IRP’s. Get in touch today.