Independent Review Panels (IRPs) in Schools: What They Are and How They Work

When a child is permanently excluded from school and the governing body upholds that decision, parents have the right to request an Independent Review Panel. For many families, this is an unfamiliar process that arrives at an already difficult time. For schools, constituting and managing a panel correctly is a legal obligation with real consequences if it goes wrong.

This guide explains clearly what an Independent Review Panel is, how it works, who sits on it, and what both schools and parents can expect from the process.

What is an Independent Review Panel?

An Independent Review Panel, or IRP, is a formal process by which parents can challenge a governing body's decision not to reinstate a permanently excluded pupil. It is a statutory right, established under the School Discipline (Pupil Exclusions and Reviews) (England) Regulations 2012.

The panel does not decide whether the exclusion was right or wrong. Its role is to review whether the governing body followed the correct process and considered the right factors when making their decision. It can then choose to uphold the exclusion, recommend reinstatement, or, in limited circumstances, direct reinstatement.

Who sits on an IRP?

The composition of an IRP is set out in law. A panel must include three members: a lay member (someone with no personal experience of managing a school), a serving or former headteacher, and a serving or former school governor. None of the panel members can have any prior involvement with the school or the case being reviewed.

The local authority is responsible for appointing the panel and providing a clerk to advise on the relevant law and procedures throughout the process.

How does the IRP process work?

Once a parent submits a request for review, the local authority or academy trust must arrange the panel within fifteen school days. Both the parents and the school have the opportunity to submit written representations and to attend the hearing in person.

The panel considers the evidence, hears from both parties, and deliberates before reaching its decision. The process is designed to be proportionate and focused, and is generally shorter than a full governor disciplinary hearing.

What are the possible outcomes?

The panel can uphold the governing body's decision not to reinstate, in which case the exclusion stands. It can also recommend that the governing body reconsider, though the governing body is not obliged to comply. In cases where the panel finds that the correct process was not followed, or that the Equality Act 2010 was contravened, it can direct reinstatement.

What this means for schools

Getting the IRP process right matters. A panel that is incorrectly constituted, poorly managed, or not properly clerked can expose the school to further challenge. Schools and trusts need to ensure that the right panel members are in place, that all parties are properly briefed, and that the process is run fairly and in line with statutory requirements.

London Governance supports schools and trusts with every aspect of the IRP process. We can supply qualified independent panel members, including lay members, ex-headteacher representatives, and governor representatives, manage the coordination on your behalf, and provide experienced clerking to keep the process on track.

If your school needs support with an upcoming IRP, or if you would like to understand more about your obligations, get in touch with our team.