If Governors uphold the Headteacher's decision to permanently exclude a pupil, parents/carers, even if they do not attend the Governors disciplinary meeting, have the right of appeal to an Independent Review Panel.
Whether or not a school recognises that a pupil has special educational needs (SEN), all parents (or pupils if aged 18 or over) have the right to request the presence of a SEN expert at an independent review panel. The SEN expert’s role is to provide impartial advice to the panel about how SEN could be relevant to the exclusion; for example, whether the school acted reasonably in relation to its legal duties when excluding the pupil.
The Independent Review Panel can either
Where there is an allegation of discrimination (under the Equality Act 2010) in relation to a fixed-period or permanent exclusion, parents/carers can also make a claim to the First-tier Tribunal (SEND), for disability discrimination or a County Court, for other forms of discrimination. Parents/carers can go to SEND before or after they go to an Independent Review Panel.