Exclusions

What is a fixed term exclusion?

An exclusion means that a child is prevented from going to school for a fixed period of time as a result of their behaviour. Fixed period exclusions are for a specified time and must not add up to more than 45 school days in a school year.

Indefinite exclusions are not lawful and an exclusion should be for the shortest time necessary. Exclusions can only be authorised by the Headteacher, the acting headteacher or teacher in charge. Exclusions should be used as a last resort and only when all other alternatives available to the school in managing a child's behaviour have been exhausted.

Children can be excluded from school for a fixed period if:

• they have seriously broken the schools behaviour policy
  
  
• it would seriously harm the education or welfare of themselves or others if they stayed in school

Children should not be excluded for:

• minor incidents such as failure to do homework or to bring dinner money
  
  
• poor academic performance
  
  
• lateness or truancy
  
  
• pregnancy
  
  
• breaches of school uniform rules or rules on appearances (for example relating to jewellery, body-piercing, hairstyles etc) except where these are persistent and in open defiance and in open defiance of such rules
  
  
• punishing pupils for the behaviour of their parents,for example where parents refuse or are unable to attend a meeting
  
  
• protecting victims of bullying by sending them home

Before deciding to exclude a child the Headteacher should:

• make sure that a thorough investigation has been carried out
  
  
• allow and encourage the pupil to give their version of events
  
  
• take into account the school's behaviour and equal opportunities policies, and where applicable, the Race Relations Act 1976 as amended and the Disability Act 1995 as amended
  
  
• check whether bullying, racial or sexual harassment led to the behaviour of the child
  
  
• consult with other professionals as necessary
  
  

Within one school day of the exclusion the Headteacher should send a letter to the parent including:

• The precise period of the exclusion
  
  
• The reasons for the exclusion
  
  
• An explanation of the parent's right to state their case to the governors and the procedure for doing this
  
  
• The person whom the parent should contact should they wish to state their case to governors
  
  
• The school days on which the parent is required to ensure that their child is not present in a public place during school hours without justification, and that the parent may be prosecuted, or may be given a fixed penalty notice, if they do not do so
  
  
• The arrangements made by the school/PRU for enabling the pupil to continue his or her education during the first five days of an exclusion, including the setting and marking of work (it is the parent's responsibility to ensure that work sent home is completed and returned to school)
  
  
• The school days on which the pupil will be provided with alternative suitable full time educational provision and will be required to attend such alternative provision
  
  
• The date,time and location of a reintegration interview (for exclusions of up to five days)
  
  
• Contact details for advice from the local authority and ACE (see below)

Formal exclusion is the only legal method of removing a pupil from the school site. Informal or unofficial exclusions are illegal regardless of whether they are done with the agreement of parents or carers.

If a parent disagrees with the exclusion there are a number of ways in which they can ask for a review of the exclusion:

• If a child has been excluded for less than five days a parent can write to the Chair of the school governing body setting out their case. They can also request to meet with the governors however they do not have to agree to this meeting
  
  
• If a child has been excluded for more than five and a half days, or if they will miss a public examination (not SATs) then a parent has a right to put the child's case to a meeting of the governors. Details for how to do this should be specified in the letter from the Headteacher

The governors are able to reinstate a child who has been excluded from school. Students also have the right to attend the governor's meeting.

Permanent Exclusion

A decision to exclude a pupil permanently should be taken only:

• In response to serious breaches of the school's behaviour policy
  
  
• If allowing the pupil to remain in school would seriously harm the education and welfare of the pupil or others in the school

When a pupil is permanently excluded from school the parent must be notified immediately, ideally by telephone followed up by a letter. Notices must be in writing and must state:

• The fact that it is a permanent exclusion and the date it takes effect from
  
  
• The reason for the exclusion
  
  
• The parent's right to make representations about the exclusion to the governing body/management committee and how how the pupil may be involved in this
  
  
• The person whom the parent should contact if they wish to make representations (this will usually be the Clerk to the governing body/management committee) and the latest date by which the governing body were notified of the exclusion)
  
  
• The school day from which the pupil will be provided with alternative full-time educational provision
  
  
• The parent's right to see and have a copy of their child's school record record upon written request to the school
  
  
• The name and telephone number of an officer of the LA who can provide advice
  
  
• The telephone number for the Advisory Centre for Education (ACE)

Following the governing body/management committee meeting, the governing body have the power to reinstate your child immediately or from a specified date, or alternatively, they have the power to uphold the exclusion.

If the permanent exclusion is upheld, the decision can be challenged via an Independent Appeal Panel. Details of how to appeal should be outlined in the letter from the clerk to the governing body to the parent when the exclusion has been upheld.

• If you wish you appeal you must notify the clerk to the appeal panel of your wish to appeal
  
  
• You must set out the reasons for your appeal in writing, and send this notice of appeal to the address given on the letter by no later than the specified date (the 15th school day after receipt of the letter). If you do not appeal by this date you lose your right to appeal
  
  
• Your appeal will be heard by an Independent Appeal Panel. The panel must meet no later than the 15th school day after the date on which your appeal is lodged
  
  
• The panel can make one of three decisions: the may uphold the exclusion, they may direct the pupil's reinstatement in school, or may decide that the exclusion is not in the best interests of all concerned

For further information and advice on exclusions you can contact:

Commissioning Officer for Additional Needs and Inclusion:

Tel 020 7641 2110

The Advisory Centre for Education (ACE) exclusion helpline:

0808 8000327