Independent Review Panel (IRP)

The role of the IRP

The role of the panel is to review the GDC decision and the way it was reached, not the decision made by the headteacher.

In reviewing the GDC decision, the panel must consider the interests and circumstances of your child and the circumstances in which they were excluded. They must also consider the interests of the rest of the school community.

Panel members

The IRP will have 3 panel members who will be independent of the school or Academy. None can have any prior knowledge of the exclusion, or have any connection with anyone in the GDC; whether they are governors, school staff or you as parents.

The panel members consist of:

• a lay (non-education) member who acts as chair
• a serving or recently retired governor of a maintained school
• a serving or recently retired headteacher

IRP outcomes

An IRP does not have the power to direct a governing board to reinstate an excluded pupil. However, it can come up with the following conclusions:

• uphold the exclusion decision and your child will remain permanently excluded
• recommend that a governing board reconsiders its decision. A GDC does not have to reconsider the decision but if it does, this must be done within 10 school days of being given notice to reconsider
• quash the decision of the governing board where it considers that the decision was flawed in light of the principles applicable on an application for Judicial review, and direct that the GDC reconvene within 10 school days of being given notice to reconsider their decision

Requesting an IRP

The details on how you request a review will be contained within a letter from the school and/or the Inclusion Support Service. This form gives you the choice of either asking for an IRP or saying that you do not want an IRP.

If you return the form signed saying that you do not want an IRP then your child can be removed from the school roll on the date the form is received.

If you ask for an IRP, your child must remain on the excluding school’s roll until you have been notified of the IRP decision. This remains the case even if you do not wish your child to return to that school and/or your child has gone on roll at another school since being permanently excluded.

Special Educational Needs and Disabilities (SEND)

Whether or not a school recognises that a pupil has SEND, you (or your child if they are aged 18 or over) have the right to ask for a SEND Expert Witness at the IRP.

The SEND Expert Witness’ role is to provide impartial advice to the panel about how SEND could be relevant to the exclusion and whether the school acted reasonably in relation to its legal duties when excluding a pupil.

Request deadlines

You have 15 school days from the date you receive notification of the Governors Discipline Committee (GDC) decision to ask for an IRP.

You must put in writing your reasons for requesting the review and the form must be received by the deadline given or you will lose your right to an IRP.

The IRP must be held no later than 15 school days from the date your request is received. However, as with a GDC, if the IRP has to be postponed for any reason then the decision it reaches is still legally binding.

Remote meetings

You can ask for a governing board meeting or Independent Review Panel (IRP) meeting to be held via remote access technology, such as video conferencing software. However, remote meetings should not be the automatic choice and face-to-face meetings should always be encouraged.

When deciding whether to request a remote meeting, you should consider:

• your internet connectivity - whether it is good enough, and not intermittent or slow
• if you have a suitable space free from distraction to enable you to fully take part
• whether a face-to-face meeting may be better

Each person attending the meeting should be able to hear and be heard and; where using a live video link, see and be seen throughout the meeting.

If the governing board does not think that a meeting can be held fairly and openly via remote access, they should talk to you about a face-to-face meeting can be arranged when convenient for you.

If you wish for the meeting to be held remotely, you must inform the school within 3 school days of receiving written notification about the exclusion.

Further support and contact information