School Exclusions

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School Exclusions

There are two types of exclusion: Fixed-term; andPermanent

Fixed-term Exclusion

A fixed-term exclusion can be for a maximum of 45 schools days
in an academic year and lunchtime exclusions are equivalent to half a day.
 
Length of fixed-term exclusions

5 school days or fewer in one term

Where fixed-term exclusions are for 5 school days or fewer in any one term:
A letter from the school must be sent to the parent which should detail: start date; end date; reason for exclusion; specific dates when the child is not allowed in a public place (first 5 days); work which will be set; how to return set work; the right to make representations to the governing body – name and contact details; the right to make representations to the Local Authority – name and contact details; the right to make representations to a Special Educational Needs Disability Tribunal (SENDIST) if related to a disability – name and contact details; the right to see a copy of the child’s school records and request a copy in writing; the contact details of the LA contact who can provide advice; the contact details of agencies who can provide information, advice and guidance e.g. a local community group; the date the exclusion expires; and if a primary school the date of a reintegration interview.

Governors must consider any representations, and if they choose to, convene a Governors’ meeting if the parent requests one.

More than 5 school days up to and including 15 school days in any one term

Where fixed-term exclusions are for more than 5 days up to and including 15 school days in any one term:A letter from the school must be sent to the parent which should detail: start date; end date; reason for exclusion; specific dates when the child is not allowed in a public place (first 5 days); work which will be set; how to return set work; the right to make representations to the governing body – name and contact details; the right to make representations to the Local Authority – name and contact details; the right to make representations to a Special Educational Needs Disability Tribunal (SENDIST) if related to a disability – name and contact details; the right to see a copy of the child’s school records and request a copy in writing; the contact details of the LA contact who can provide advice; the contact details of agencies who can provide information, advice and guidance e.g. a local community group; the date the exclusion expires; and if a primary school the date of a reintegration interview; the suitable full-time education from day 6 of the exclusion until the expiry; the name and address of the alternative education provider if not the home school; the time the child needs to attend alternative provision and the contact name, travel details; the date that any appeal of the exclusion expires; the right to be accompanied by a friend or representative at a governors' hearing; and the name and contact details of the person to contact to submit an appeal;

Governors must convene a Governors' meeting, if the parent requests one, between the 6th and 50th day.

More than 15 school days in one term

Where fixed-term exclusions are for more than 15 days
A letter from the school must be sent to the parent which should detail: start date; end date; reason for exclusion; specific dates when the child is not allowed in a public place (first 5 days); work which will be set; how to return set work; the right to make representations to the governing body – name and contact details; the right to make representations to the Local Authority – name and contact details; the right to make representations to a Special Educational Needs Disability Tribunal (SENDIST) if related to a disability – name and contact details; the right to see a copy of the child’s school records and request a copy in writing; the contact details of the LA contact who can provide advice; the contact details of agencies who can provide information, advice and guidance e.g. a local community group; the date the exclusion expires; and if a primary school the date of a reintegration interview; the suitable full-time education from day 6 of the exclusion until the expiry; the name and address of the alternative education provider if not the home school; the time the child needs to attend alternative provision and the contact name, travel details; the date that any appeal of the exclusion expires; the right to be accompanied by a friend or representative at a governors' hearing; the name and contact details of the person to contact to submit an appeal; and the latest date on which the Governors can meet to hear any appeal;

Governors must convene a Governors' hearing between the 6th and 15th day. Governors must invite the parent, Head teacher and LA Officer to attend. Any subsequent fixed-term exclusion(s) of the pupil in the same term would again trigger the governing body’s duty to consider the circumstances of the exclusion.
 
Following a fixed-term exclusion?
 
Reintegration Interview

Primary School

The Head teacher must arrange for a reintegration interview with parents during or following the expiry of any fixed-term exclusion of a primary-aged pupil.

Secondary School

The Head teacher must arrange a reintegration interview with parents during or following the expiry of a fixed-term exclusion of six or more school days of a secondary-aged pupil. This doesn’t apply where the pupil will be leaving the school during the exclusion or where the exclusion falls within the last 10 days of the school. The pupil should normally attend and the meeting should be run by the Head teacher / Senior management / Designated teacher / Governor for Looked After Children or SEN.

The interview must be held during the period beginning with the first school day to which the exclusion relates and ending with the fifteenth school day following the day on which the pupil returns. The Head teacher must try to arrange the interview date and time that is convenient to the parent. If possible the interview should be held on the day the pupil returns. It should be a school day, but if parents agree, it can be a non-school day. At least one of the parents is expected to attend, however, a fixed-term exclusion must not be extended if such an interview cannot be arranged in time or the parents do not attend. Notice must be given no later than six school days before the date of the reintegration interview.

Purpose of reintegration interview

In order to assist the reintegration, the interview allows the school to engage the parents in the behaviour of the child and discuss how the problems can be addressed. It provides an opportunity to explore wider issues that may be affecting the child and what measures can be put in place to prevent a reoccurrence. At this stage a voluntary parenting contract can be used although it is voluntary. A Common Assessment Framework form (CAF) could be filled out by a designated member of the school / LA. 

Permanent Exclusion

Where a permanent exclusion is actioned by the school:
A letter from the school must be sent to the parent which should detail: reason for exclusion; specific dates when the child is not allowed in a public place (first 5 days); work which will be set; how to return set work; the right to make representations to the governing body – name and contact details; the right to make representations to the Local Authority – name and contact details; the right to make representations to a Special Educational Needs Disability Tribunal (SENDIST) if related to a disability – name and contact details; the right to see a copy of the child’s school records and request a copy in writing; the contact details of the LA contact who can provide advice; the contact details of agencies who can provide information, advice and guidance e.g. a local community group; the suitable full-time education from day 6 of the exclusion until the expiry; the name and address of the alternative education provider; the time the child needs to attend alternative provision and the contact name, travel details; the date that any appeal of the exclusion expires; the right to be accompanied by a friend or representative at a governors' hearing; the name and contact details of the person to contact to submit an appeal; and the latest date on which the Governors can meet to hear any appeal.

Governors must convene a Governors' hearing between the 6th and 15th day. Governors must invite the parent, Head teacher and LA officer to attend.
 
Factors for schools to consider before excluding

Guidance was published by the former Department for Children Schools and Families (DCSF) called ‘Improving Behaviour and Attendance Guidance on Exclusion from Schools and Pupil Referral Units (Sept. 2008)’ to inform Head teachers of the issues and considerations when determining whether to exclude. Recent guidance has also been provided by the DfE for teachers to help improve discipline in schools.

The Head teacher / Principal should:
investigate using the balance of probabilities;make themselves aware of any:written statement of child/young person under investigation;oral explanation of child/young person under investigation;evidence of provocation e.g. bullying, racial or sexual harassment;written witness statements of the incident;PSP (Pastoral Support Programmes);IEP (Individual Education Plan);SEN (Special Educational Needs);consider the disproportionality of exclusions by ethnicity;consider referrals to other agencies to seek their involvement and support;consider in school support e.g. mentoring, counselling, anger management, SEN Coordinator;consider issuing a letter of concern to be sent home that explains the behaviour / conduct;consider alternatives to exclusion e.g. managed moves; restorative justice; internal exclusion; mediation; andexamine additional supporting documents / policies.

Having taken the decision to exclude the school must:

check the child / young person has not received more than 45 school days of exclusion in an academic year;contact the parent / carer by telephone and inform them immediately that they have decided to exclude for a given period for a given reason;draft a letter informing the parent / carer of the exclusion and deliver immediately;inform the LA immediately if a permanent exclusion and termly if a fixed-term exclusion;inform the governing body of the school;arrange for homework to accompany the child for the first 5 school days of an exclusion;arrange full-time provision from day 6 of the exclusion if excluded for a fixed-term;prepare a report of actions taken (needs to contain evidence supporting the decision to exclude whilst carrying out the investigation);if exclusion is to be appealed, distribute reports to all parties at least 5 days in advance of the hearing.

Reports should include:
a summary of the situation;a summary of the pupil’s conduct / behaviour e.g. ‘round robin’;evidence of in school support;witness statements;letters of concern sent home;a summary of the attendance register;a summary of SEN / PSP / IEP – recent reviews;referrals to other agencies; anda summary of previous exclusions.
(this list is not exhaustive)
 
Unofficial exclusion

If a Head teacher is satisfied that, on the balance of probabilities, a pupil has committed a disciplinary offence and needs to be removed from the school site for that reason, formal exclusion is the only legal method of removal. Informal or unofficial exclusions are illegal regardless of whether they are done with the agreement of parents or carers.

Where a pupil is sent home for disciplinary reasons for part of a school day, some head teachers have viewed this as a 'cooling off' period, and have not taken action to exclude the pupil formally. There is no basis in law for this. The relevant regulations do not state a minimum length of exclusion. If pupils are sent home in response to a breach of discipline, even for short periods of time, this must be formally recorded as an exclusion.

There is no basis in law for making a phone call to the parent / carer to ask them to pick their child up from school unless:there is sufficient evidence that a pupil has committed a disciplinary offence and if allowing the pupil to remain in school would seriously harm the education or welfare of the pupil or others in the school. In these circumstances the pupil may be excluded from school for a fixed period or permanently.a pupil is accused of a serious criminal offence but the offence took place outside the school's jurisdiction. In these circumstances the head teacher may decide that it is in the interests of the individual concerned and of the school community as a whole for that pupil to be educated off site for a certain period, subject to review at regular intervals. This is not an exclusion.for medical reasons, a pupil's presence on the school site represents a serious risk to the health or safety of other pupils or school staff. In these circumstances a head teacher/teacher in charge may send the pupil home after consultation with the pupil's parents. This is not an exclusion and may only be done for medical reasons.the pupil is given permission by the head teacher / teacher in charge, or person authorised by them, to leave the school premises briefly to remedy breaches of the school's rules on appearance or uniform, where this can be done quickly and easily; this should be for no longer than is necessary to remedy the breach. This is not an exclusion but an authorised absence.

On 7th April 2011, the DfE released further information for 'Effective practice for local authorities and schools in managing and eliminating incidents of unofficial exclusions'.
 
When exclusion is not appropriate
 
Exclusion should not be used 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 appearance e.g. relating to jewellery, body-piercing, hairstyles, except where these are persistent 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 (guidance on dealing with difficult parents should be accessed through Local Authority legal departments);protecting victims of bullying by sending them home.

Governors' hearings

A Governors' hearing is the first step in appealing the exclusion. Panels are formed of governors from the school and are normally three in size but can be five. They will first of all hear the case put forward by the head teacher and questions can be asked by the parent/carer and their representative, followed by the governors. The parents or representative then put forward their appeal and the head teacher can ask questions after the submission, followed by the governors. The head then summarises followed by the parents or representative, and both parties leave the hearing for the governors to make their decision. Decision letters from the governors normally arrive within 48 hours.

Governing body panels can either:uphold the exclusion;overturn the exclusion and direct reinstatement either immediately or by a particular date

If it is a permanent exclusion and the Governors agree to uphold the exclusion then the Local Authority must be informed of the decision and they will send out a letter and relevant forms to the parents informing them of their opportunity to request an Independent Appeal Panel (IAP) hearing (unless the school is of academy status and has chosen to run IAPs themselves). The IAP is normally held at the town hall of the excluding borough. The reasons for taking it to IAP need to be provided to the LA at this stage.
 
Independent Review Panel (IRP) hearings

The IAP follows the same procedures as a Governors' hearing and the facts are reheard along with any new evidence which can be submitted at this stage, normally five days in advance of the hearing unless both parties agree otherwise for later evidence to be admitted. The main difference here is that the panel is independent of the school (if an academy is arranging the IAP, the independent status of the panel should be confirmed).

An appeal panel may:uphold the decision to exclude;overturn the exclusion and direct immediate reinstatement or reinstatement at some future date;decide that because of exceptional circumstances or other reasons it is not practical to give a direction of reinstatement, but that otherwise it would have been appropriate to overturn the exclusion.

On 7th April 2011 the DfE released further information for Independent Appeal Panels.
 
Judicial Review and the Local Government Ombudsman

If it is felt that procedures at an IAP were so flawed and the IAP upheld the decision to permanently exclude, it is possible to ask for a Judicial Review or get the Local Government Ombudsman involved.
 
The CEN can advise, support, represent and advocate for children and parents on:
Matters that should be considered before a decision to exclude is taken;What alternative action could be taken instead of exclusion;Support from other agencies;An emergency review of a child’s statement of educational needs;The establishment of a Pastoral Support Programme (PSP) / Parenting Contract;Factors to consider when excluding;Alternative forms of education;The process for a managed move;The process of a restorative approach; Governors' hearings;Independent Appeal Panels;The Local Government Ombudsman;Judicial Review; andTraining and guidance on all aspects of inclusion.