Exclusion from school
The information below relates to maintained schools in England only.
Legal guidance on exclusions is set out in the government document - Improving Behaviour and Attendance: Guidance on exclusion from schools and Pupil Referral Units. Academies should follow the guidance unless there is good reason not to do so. If they do not follow it, they should have something similar in place. Independent schools do not have to follow the guidance and will have their own policies and procedures for exclusion.
When can a child be excluded from school?
All schools have a behaviour policy setting out the school rules and the disciplinary action that will follow if pupils break the rules. For some offences, detention or isolation from lessons may be appropriate. For more serious one- off offences, or ongoing challenging behaviour, a fixed period (temporary) exclusion, or permanent exclusion may be used.
Who makes the decision to exclude a child?
Only the headteacher, or acting headteacher, can make the decision after looking at all the evidence that the pupil is more likely than not to have breached the school’s discipline policy. The investigation should involve talking to staff and pupils who were involved in or witnessed any incident, and taking witness statements if appropriate.
What happens when a child is excluded?
Parents must be notified immediately, followed up by letter within one school day. The letter must state the reason for the exclusion, the length of the exclusion and arrangements to continue the child’s education. For the first five days of all exclusions, the school must set and mark work. If a fixed term exclusion is longer than five days, alternative full time education must be arranged by the school from the sixth day onwards. For a permanent exclusion, full time education, starting from the sixth day, must be arranged by the local authority where the child lives.
Can my child’s exclusion be challenged and overturned?
As with all exclusions, you can put your views in writing to the school governors. You can also ask for a meeting with them. Exclusions longer than 15 and a half days must automatically be reviewed by a panel of governors and they must invite you. For all exclusions, the governors’ role is to check whether the decision was justified. For exclusions of more than five and a half days the governors have the power to overturn the exclusion and allow a child to return to school immediately or by a certain date. If the governors uphold a permanent exclusion, you can appeal to the Independent Appeal Panel.
Can pupils with special educational needs or disabilities be excluded?
The school can exclude any pupil if the offence is considered too serious for lesser consequences such as detention. The school can permanently exclude a pupil if they present a risk to others if they remained in school. However, schools should avoid permanently excluding pupils with SEN statements and should make every effort to avoid excluding those who are being supported at School Action and School Action Plus. Schools should try all possible strategies to keep a pupil in school, such as behaviour support, a different curriculum or mentoring. It may be necessary to increase the level of support under School Action Plus, and/or request a statutory assessment of the child’s special educational needs. Where there is a SEN statement, an early or interim review should be arranged. It’s unlawful to exclude a child for a reason related to their disability without justification. If the pupil’s behaviour is related to their special educational need or disability, the school should consider whether exclusion is the best response or whether there are more effective ways of managing the behaviour.
Can my child be sent home without being officially excluded?
A pupil can only be lawfully excluded for disciplinary reasons. Schools should not send pupils with special educational needs home purely because they have conditions such as autism or ADHD. Whenever a child is sent home because of their behaviour, even for a short time, this must be recorded as an exclusion. Lunchtime exclusions count as half a day. Sending your child home just to “cool off” after an incident, or because there is no adult support available, amounts to an unofficial exclusion, which is illegal, even if you agree to it. If your child needs more support than the school can provide, you or the school should request a statutory assessment or early review of the SEN statement, if your child has one.
Can the school suggest that my child returns to school part time?
Your child is entitled to a full-time education, which is between twenty-one and twenty-five hours a week depending on their age. However in some situations a part-time timetable may be appropriate for your child, for example to ease them back into school after a period of absence. You should be clear about the aim of this arrangement, when it will be reviewed, and when your child will return to school. A part-time timetable should be for the benefit of your child and is not a solution to lack of available support in school.
Finally - if you are worried about exclusion...
For a child who has, or may have special educational needs, exclusion can be a sign to look again at the amount or type of support your child is getting in school. Although it creates a stressful situation for families, it provides an opportunity for you, school staff and other agencies to discuss your child’s needs, and can be the first step to putting things right.
If your child has been excluded, or is at risk of this, and you are unsure what to do next contact our SEN helpline for advice.
Remember, you can contact us free on 0808 808 3555, or post a query on Facebook or Twitter and one of our SEN advisers will get back to you. Alternatively drop us an email helpline@cafamily.org.uk
|
|
|
|
|
Cash Counts
Subscribe to 
