Exclusions

This section includes information on:

1. Fixed period exclusion

2. Permanent exclusion

3. Before a decision to exclude is made (what needs to be considered)

4. Who can issue an exclusion?

5. What happens whilst my child is excluded?

6. What happens when a fixed-period exclusion is over?

7. Appealing

 

Fixed period exclusion

This is when the exclusion is for a set period of time. This can be for up to 45 days a year (these days do not have to be taken continuously)

Permanent exclusion

This is where the exclusion is permanent.

It should only be used:

  • As a last resort in response to a serious breach or repeated breaches of the schools behaviour policy.
  • When allowing the pupil to remain in school would seriously harm the education or welfare of other pupils.

Before a decision to exclude is made...

Any decision to exclude a pupil should be:

  • Lawful
  • Reasonable
  • Fair

Excluded pupils should be enabled and encouraged to participate at all stages of the exclusion process (taking into account their age and understanding).

Headteachers should:

  • Take into account contributing factors identified after an incident of poor behaviour has occurred. This might include if the pupil has suffered bereavement, has mental health issues, or have been subject to bullying.
  • Give particular consideration to groups vulnerable to exclusion - such as children with special educational needs.
  • Engage with parents in supporting the behaviour of pupils with additional needs.

If a school is concerned about the behaviour, or the risk of exclusion of a child with additional needs or special educational needs, it should, with others, consider what additional support, or alternative placement may be required.

Pupils should not be discriminated against on the basis of protected characteristics such as disability or race.

Disruptive Behaviour

Disruptive behaviour can be a sign of unmet needs. In these cases, schools should consider:

  • Whether there are any causal factors and intervene early to reduce the need for subsequent exclusion.
  • Multi agency assessment going beyond the pupils educational needs.

Who can issue an exclusion?

Only the head teacher of a school can exclude a pupil and this must be on disciplinary grounds.

Head teachers must consider their legal duty of care when sending a pupil home following an exclusion.

Duty to notify

The head teacher has a duty to inform parents about an exclusion. They must, without delay, notify parents of the exclusion and the reasons for it.

The following information must be provided to parents in writing:

  • The reasons for the exclusion
  • If it is a fixed period exclusion (and the period of the fixed period exclusion)
  • If it is a permanent exclusion
  • That parents have the right to request representations to the governing body, and how the pupil can be involved
  • How representations should be made
  • Where there is a legal requirement for a governing body to consider the exclusion, that parents have the right to attend a meeting, be represented at the meeting (at their own expense) or bring a friend.

What happens whilst my child is excluded?

Up to 5 days:

Schools should take reasonable steps to set and mark work during the first 5 days of the exclusion.

After 5 days:

On and after the sixth day (for both fixed-period and permanent exclusion), alternative provision should be made.

The governing body (or local authority) must arrange suitable full-time education for any pupil of compulsory school age.

Where a pupil has a statement of special educational needs, the local authority must ensure that an appropriate full-time placement is identified and parents must be consulted.

Parents of excluded pupils with special educational needs retain their rights to request a preference for a school, or make representations for a placement in any other school.

What happens when a fixed-period exclusion is over?

Your school should have a plan in place for reintegrating the pupil following a fixed-period exclusion, and for managing their behaviour.

Appealing

Independent Review Panel

Where the parent (or excluded pupil if over 18) disagree with the decision of a governing body not to reinstate a permanently excluded pupil they can ask for this decision to be reviewed by an Independent Review Panel.

An Independent Review Panel do not have the power to direct a governing body to reinstate a permanently excluded pupil but it can direct them to reconsider their decision.

If the governing body does not reinstate the pupil after reconsideration, the panel will be expected to order that the school make an additional payment of £4000. This will go to the local authority, and contribute towards the costs of providing alternative provision.

During the Independent Review Panel:

Whether or not the school recognise that the child has special educational needs, parents (or the pupil if over 18) can request the presence of a special educational needs expert.

The special educational needs expert can provide impartial advice to the panel about how special educational needs could be relevant to the exclusion.

Allegation of Discrimination:

If there is an allegation of discrimination in relation to a fixed-period or permanent exclusion, parents can make a claim to the first-tier tribunal (for disability related allegations) or a county court (for any other).

For further information on this, please visit our support when things go wrong page here.

 

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Family Information Service

01904 554444

fis@york.gov.uk