School Exclusion Appeals

You can appeal within 15 school days of the receipt of the notice of your child's permanent exclusion from school. You must inform the Clerk to the Appeals Panel in writing of your intention to appeal and the reasons for your appeal. Please use the appeal form below and email it to democratic.services@rbwm.gov.uk or return it in the post, together with any other supporting information, in an envelope marked 'Confidential' to the following address:

Clerk to the Appeal Panel
The Royal Borough of Windsor and Maidenhead
Democratic Services Section
Town Hall
St Ives Road
Maidenhead
SL6 1RF

Arrangements will be put in place to set up an Appeal Panel to hear your appeal. The Appeal Panel must meet within 15 school days of receipt of the parent's appeal. The Local Education Authority can extend this period in exceptional circumstances. Paperwork will be sent out to all parties 5 working days prior to the appeal hearing.

The Appeal Panel will meet and consider whether or not the pupil should be reinstated. You will be able to attend and present your case to the Appeal Panel. The Appeal Panel's decision will be sent to you in writing on the day after your appeal hearing.

MAKING AN APPEAL

The Appeal Panel is independent of the Royal Borough of Windsor & Maidenhead, which is the Local Education Authority. The information below will take you step by step through what you need to do if you want to make an appeal. If you need any further information, please email democratic.services@rbwm.gov.uk or tel: 01628 796310.

What is the Appeal Panel?

The Education Appeal Panel is independent of the Local Education Authority (Royal Borough of Windsor & Maidenhead). It is usually made up of 3 people.

No one on the Panel will have any connection with the school, or will have been involved in the original decision.

Can parents and the excluded pupil attend the Appeal Hearings?

Yes, you have the right to be at the hearing and present your case. If you decide not to attend the hearing, your appeal will be decided on the information available at the meeting. Whether you attend or not, the Panel will carefully consider any written evidence you submit.

Can I bring someone with me?

Yes. You can bring someone with you to help you present your case. If you decide to be represented by an adviser, please let the Appeals Administrator know beforehand.

Will there be anyone else there?

The Headteacher, a representative from the school's Disciplinary Committee and an LEA officer will be at the hearing. Witnesses (adult and/or pupils) may also be called to the appeal, together with any alleged victim (s). The Clerk to the Appeal Panel will also be at the hearing to act as an independent source of advice.

What happens at the Panel?

We try to make the appeal hearing as informal as possible

• The Headteacher will put the school's case for permanently excluding the pupil.
• The nominated member of the Disciplinary Committee will explain the reasons for upholding the Headteacher's decision to permanently exclude the pupil.
• You, the LEA representative and members of the Panel will be able to ask questions of the Headteacher and on the Disciplinary Committee's decision.
• The LEA representative puts the view of the Authority on the permanent exclusion.
• You, the school and Panel members then have the chance to ask questions of the LEA's representative.
• You will then be given the chance to put your case in support of your appeal. The Appeal Panel will already have all the written information that you have submitted.
• The Panel members, the Headteacher , the Disciplinary Committee's nominee and the LEA's representative can then ask you questions if they need more information.
• The Headteacher then sums up the school's case, but should not present any new information at this stage
• You will then have the chance to sum up your case but should not present any new information at this stage
• The Headteacher, LEA representative, Disciplinary Committee's nominee and the Appellant (parent) will then leave the room for the Panel to make their decision.

The Clerk is present throughout but takes no part in the decision making process.

The Panel's decision

Your appeal will be considered on its own merits. In making its decision, the Panel will consider:

1. Whether your child was responsible for the behaviour complained of
2. Whether permanent exclusion was a reasonable response to that behaviour

If the Panel agrees with your appeal, it will consider whether your child should be reinstated immediately or at a specified future date.

Letting you know

You will be sent the Appeal Panel's decision in writing on the day after your appeal hearing. There is no right of appeal against the Appeal Panel's decision, but if you consider the appeals procedure has not been carried out properly, you are able to complain to the Local Government Ombudsman. The Ombudsman can only make recommendations if they find that there has been maladministration. The Ombudsman has no powers to direct a pupil's reinstatement.

FURTHER INFORMATION

If you require any further information on appeals process, please contact democratic.services@rbwm.gov.uk or Tel: (01628) 796529

•   Exclusion Appeal Form (270kb)

•   Exclusion Appeal Form (35kb)

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