Governance Services for Schools and Academies
The Role of an Independent Review Panel (IRP)
What is an Independent Review Panel?
An Independent Review Panel (IRP) is a statutory panel convened when a parent (or a pupil aged 18 or over) requests a review of a governing board’s decision not to reinstate a pupil following a permanent exclusion. The role of the IRP is not to decide whether it would have excluded the pupil itself, but to review whether the governing board’s decision was lawful, reasonable and procedurally fair.
When is an IRP Required?
An IRP may be requested when:
- A pupil has been permanently excluded.
- The Governing Board (or Committee) has reviewed the exclusion and decided not to reinstate the pupil.
- The parent submits a request for an Independent Review Panel within the statutory timescale, normally within 15 school days of being notified of the governing board’s decision.
Purpose of the IRP
The IRP provides an independent check on the exclusion process. Its purpose is to determine whether the governing board’s decision should stand, considering:
- Whether the decision was lawful.
- Whether the decision was reasonable.
- Whether the correct procedures were followed.
- Whether relevant evidence was properly considered.
- Whether the exclusion guidance and school policies were applied fairly.
The panel considers the decision through principles similar to judicial review rather than conducting a completely fresh hearing of the case.
Composition of the Panel
The panel must be independent of the school and typically consists of:
- A Lay Chair who has not worked in a school in a paid capacity.
- A School Governor of a maintained school or an Academy Trustee member (or who has performed that role within the last five years).
- A Headteacher member (or who has performed that role within the last five years).
All members must be appropriately trained and have no connection to the case or school being reviewed.
The Role of the SEN Expert
Parents may request the attendance of an independent SEN Expert.
The SEN Expert:
- Provides impartial advice to the panel regarding Special Educational Needs.
- Does not represent either party.
- Does not determine the outcome.
- Helps the panel understand how SEND issues may be relevant to the exclusion
decision.
What Happens at the Hearing?
During the hearing, the panel will:
- Hear representations from the parent and/or their representative.
- Hear evidence from the school and governing board.
- Consider all documentation submitted by both parties.
- Question witnesses where appropriate.
- Deliberate in private before reaching a decision.
The hearing should be conducted fairly, impartially and in accordance with natural justice principles.
Decisions Available to the IRP
The IRP has three possible outcomes:
1. Uphold the Decision
The panel agrees that the governing board’s decision should stand.
2. Recommend Reconsideration
The panel recommends that the governing board reconsider its decision.
3. Quash and Direct Reconsideration
The panel finds significant flaws in the decision-making process and directs the governing board to reconsider the exclusion.
Importantly, the IRP cannot direct a school to reinstate a pupil.
Key Principles for Panel Members
Panel members should:
- Remain impartial at all times.
- Avoid conflicts of interest.
- Consider only the evidence presented.
- Apply the law and statutory guidance consistently.
- Ensure both parties have an equal opportunity to present their case.
- Reach decisions based on evidence rather than personal opinion.
What the IRP Does Not Do
The IRP is not:
- A complaints panel.
- A disciplinary hearing.
- A safeguarding investigation.
- An opportunity to substitute its own view simply because it may have reached a different conclusion.
Its role is to review the governing board’s decision-making process and determine whether the decision can be supported in law and procedure.
Independent Review Panels (IRP) Members Needed!
WE’D LOVE TO HEAR FROM YOU IF YOU ARE…
- A serving Headteacher or one who retired within the last 5 years.
- A maintained school Governor or Academy Trustee (current or within the last 5 years)
- A lay member with an interest in school exclusions who has never worked in education
Full training is provided.
Interested? Call us at 01384 598319 or send us an email at admin@attinghameducation.co.uk.