Independent Review Panel: Frequently Asked Questions

Clerks of London organises the Hearing, circulates the papers, advises the Panel and parties on procedure, and takes an accurate record. The Clerk acts impartially and advises on procedure, but does not decide the outcome.

Clerks of London is instructed and paid by the Local Authority or Academy Trust responsible for arranging the IRP, but our Clerk and the Panel Members act independently of the school, the Trust and the original decision. Clerks of London may also arrange the Panel Members. Where we do, we check their eligibility and any potential conflicts of interest. The Panel's independence is required regardless of who arranges its attendance.

An IRP normally has three members: a lay Chair, a Headteacher Member and a Governor Member.

Members must meet the statutory eligibility and training requirements. They must not have been involved in the original decision or have any connection that could reasonably raise doubts about their impartiality.

Our Clerk attends to advise on procedure and record the Hearing.

From the school: we normally ask the Headteacher and a Governor who sat on the original Governor Disciplinary Committee (GDC) to attend. This is often the GDC Chair, who can explain the Committee's reasoning. Other staff, such as a Deputy Headteacher or SENCo, may attend where they can provide relevant information but we try to ensure that both parties are equally balanced.

For parents and carers: you may attend and bring a friend, supporter or professional representative. Your child may also attend and participate, or share their views through a written statement or representative.

Other relevant attendees may include witnesses, the pupil's Social Worker or Virtual School Head. A Local Authority representative may also attend for a maintained school.

Please tell our Clerk in advance who you would like to attend and their role. Proposed witnesses or additional attendees should be discussed with the Clerk so any necessary agreement from the Panel can be obtained.

The SEN Expert provides independent, impartial advice on how special educational needs may be relevant to the exclusion. This includes considering whether the school's SEN policies, and their application to the pupil, were lawful, reasonable and procedurally fair.

Their role also includes considering how the school identified any potential special educational needs. They do not assess your child or make a diagnosis.

Parents and carers can request a SEN Expert when applying for the review, whether or not the school recognises that their child has SEN. There is no cost to parents and carers.

We do not arrange private discussions with the SEN Expert about your child's case before the Hearing.

Any information you would like the Expert to consider should be submitted through the Clerk or discussed during the Hearing, where all parties have the opportunity to hear it and respond. This helps protect the fairness and transparency of the review.

The venue must be appropriate and reasonably accessible to all parties. We often arrange Hearings at the school, but understand that some parents and carers may prefer a neutral venue. Please discuss this with our Clerk so suitable alternatives can be explored.

Parents and carers can also request a remote Hearing, for example using Zoom. Please make this request as early as possible. A remote Hearing must allow everyone to participate effectively and be held fairly and transparently.

Parents and carers do not have to attend. The review can proceed in your absence, and the Panel will consider your application and any written representations you have submitted. You may also arrange for a representative to attend on your behalf.

We strongly encourage you to attend so you can explain your concerns, answer questions and respond to the information presented.

We expect the school to attend, including a representative of the original Governor Disciplinary Committee, so the Panel can ask questions about the exclusion and the Governing Board's decision not to reinstate your child.

Please let our Clerk know as early as possible if you need an interpreter or reasonable adjustments to help you participate.

We will discuss your needs and arrange appropriate support at no cost to you.

We advise keeping the whole day available. The length varies depending on the case, and allowing enough time helps everyone present their information and answer questions without feeling rushed.

The Panel receives the original GDC papers, its decision letter and minutes, together with the application for review from parents and carers and any additional relevant submissions.

Relevant policies and evidence considered by the GDC, including CCTV where applicable, should also be made available to the IRP. All parties receive the same Hearing papers a week before the Hearing.

For parents and carers: think about why you disagree with the Governing Board's decision and the main points you would like the Panel to consider. You can prepare a written statement, make verbal representations, or do both. You do not need to use legal language.

For schools: prepare to explain both the circumstances of the exclusion and the GDC's decision-making. The Headteacher can explain the exclusion decision, while the Governor who attended the GDC should be ready to explain the evidence considered, the Committee's reasoning and how it reached its decision.

Our Clerk will provide the deadline for any written submissions.

Yes. Parents and carers and schools can submit additional papers relevant to the review.

For parents and carers: papers should relate to the Governing Board's decision and the circumstances of the exclusion. The Panel cannot investigate or resolve separate complaints, although information from a previous complaint may be relevant to the review.

For schools: additional evidence may be submitted, but new reasons for the permanent exclusion or the decision not to reinstate cannot be introduced. The Panel may ask why additional evidence was not provided to the original GDC.

Please send all papers to the Clerk by the deadline provided so they can be shared with everyone before the Hearing. Submitting papers late, including bringing them on the day, may result in an adjournment to give all parties time to consider the material.

The Panel will decide how additional evidence can be taken into account.

After introductions, the Chair explains the Panel's role, outlines the procedure and checks that everyone has received the papers.

The school and parents and carers each have an opportunity to make verbal representations, answer questions and respond to relevant points. The SEN Expert, where appointed, provides independent advice, and any witnesses give their evidence as directed by the Chair.

Evidence and representations are heard with both parties present so everyone has an opportunity to respond. Breaks are built into the day, and you can ask the Clerk for an additional break if needed.

Both sides have an opportunity to make a short closing statement. Everyone then withdraws while the Panel deliberates privately. The Clerk may remain to provide procedural advice and refer to the record, but does not decide the outcome.

The Panel can reach one of three outcomes:

1. Uphold the Governing Board's decision not to reinstate the pupil. The permanent exclusion remains in place.

2. Recommend that the Governing Board reconsider reinstatement. The Governing Board must reconsider, taking account of the Panel's findings, but may reach the same decision.

3. Quash the Governing Board's decision and direct it to reconsider reinstatement. This means the decision not to reinstate is set aside and the Governing Board must reconsider in light of the Panel's findings.

The Panel cannot itself reinstate a pupil. That decision remains with the Governing Board.

Where the Panel recommends or directs reconsideration, the Governing Board must reconvene within ten school days of receiving notice of the decision. The outcome letter will explain the next steps and any directions concerning the pupil's educational record or a financial adjustment.

The Panel cannot order the exclusion to be deleted from your child's educational record. It can, however, direct the school to add a note recording its findings.

If the Panel quashes the Governing Board's decision, this outcome can be recorded alongside the exclusion. The Governing Board should also record the outcome of its subsequent reconsideration, so the record reflects what happened throughout the process.

Your child's educational record is confidential and is not publicly available.

The Panel's written decision and reasons must be sent to all parties without delay. We aim to circulate the outcome within five school days of the Hearing. School days exclude weekends and school holidays. All parties are notified at the same time.