Can I Appeal a School Suspension or Expulsion in Northern Ireland?

Who this guide is for

Parents and carers in Northern Ireland whose child has been suspended or expelled from a grant-aided school (most state-funded schools in Northern Ireland). In Northern Ireland the words are suspension and expulsion.

What this guide does not cover

• Schools in England, Wales or Scotland: see the England guide, the Wales guide or the Scotland guide.
• Independent (private) schools: ask a free adviser.
• Statements of special educational needs: see our SEND guide.
• School admissions, attendance, bullying and complaints about a teacher: ask the school or the Education Authority.
• Disability discrimination: the Equality Act 2010 does not apply in Northern Ireland. Ask the Equality Commission for Northern Ireland.
• Police involvement and criminal charges: ask a solicitor.

What the rules depend on

1. Where is the school? Northern Ireland: this guide. England, Wales and Scotland have different rules and their own guides.
2. Is it a suspension or an expulsion? A suspension cannot be appealed to an independent body. An expulsion can be appealed to an independent appeal tribunal.
3. What type of school is it? This decides who makes the expulsion decision (the expelling authority, see below).

"My child has been suspended"

• Only the Principal can suspend a pupil.
• An initial suspension cannot be longer than 5 days. The Principal cannot extend it without the prior approval of the Chair of the Board of Governors.
• A pupil can be suspended for no more than 45 school days in a school year.
• The Principal must immediately give you written notice of the suspension.
• The Board of Governors must arrange suitable education for a suspended pupil.

There is currently no independent appeal against a suspension. The suspension process is internal to the school: the Principal and the Chair of the Board of Governors are responsible for making sure it is fair. Raise any concern with them.

"My child has been expelled"

An expulsion is only lawful if:

• your child has served a period of suspension;
• there has been a consultation between the Principal, you, the Chair of the Board of Governors, an officer of the Education Authority and, for a Catholic maintained school, an officer of CCMS, including about your child's future education; and
• the decision is made by the expelling authority: the Education Authority for a controlled school, and the Board of Governors for any other school.

When a final decision to expel is made, the Principal must immediately tell you of your right to appeal to an independent appeal tribunal set up by the Education Authority, and the arrangements and timetable for appealing.

The Education Authority must arrange suitable education for an expelled child of compulsory school age.

Appealing an expulsion

Write to the tribunal saying you want to appeal and setting out your reasons. The clerk to the tribunal will contact you about the hearing. The tribunal hears from you and the expelling authority, reads the written evidence, and considers whether the expulsion procedure was followed correctly.

Deadlines

• Expulsion appeal: the Education Authority says the time limit is very short and strict (10 days). Use the exact last date in the expulsion letter and appeal straight away.
• Suspension: an initial suspension of no more than 5 days, and no more than 45 school days in a school year.

Traps

• Northern Ireland uses suspension and expulsion. The review and appeal panels in England and Wales, and Scotland's education appeal committee, do not apply here.
• There is no independent appeal against a suspension, however long.
• The time limit for an expulsion appeal is short. Act the day you get the letter.
• For a controlled school the Education Authority makes the expulsion decision, not the school.