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Reconsidering reinstatement after an independent review panel

Following a decision from an IRP, your governing board might need to reconsider reinstating an excluded pupil. Understand the steps that you need to take next.

Updated
on 25 February 2025See updates
School types: All•School phases: All•Ref: 5217
Contents
  1. Receiving a decision from the IRP
  2. If the IRP has upheld the board's decision
  3. If the IRP has either 'recommended' or 'directed' reconsideration
  4. Your board should seek legal advice
  5. The role of the clerk is crucial
  6. During reconsideration
  7. After reconsideration
  8. If you don't offer reinstatement
  9. If you offer reinstatement
  10. If an offer for reinstatement is rejected

The information in this article can be found in parts 9 to 12 of the Department for Education's (DfE's) statutory exclusions guidance (August 2024).

Receiving a decision from the IRP

Once an independent review panel (IRP) has considered your board’s decision not to reinstate a permanently excluded pupil, it can:

  • Uphold your board’s decision
  • Recommend that your board reconsider reinstatement
  • Quash the decision and direct your board to reconsider reinstatement

The decision of the IRP is binding.

The IRP can't reinstate the pupil but if they recommend or direct your board to reconsider, the DfE states that your board may face challenge in the courts if it refuses to reinstate the pupil "without strong justification". This is set out in paragraph 255 of the statutory guidance.

If the IRP has upheld the board's decision

Boards must make sure