Exclusions
Decisions made to exclude a child from a school, permanently or for a fixed period, is made by the head teacher. They must carefully consider the law when deciding whether or not to exclude. The decision is recorded and the appropriate processes are completed involving the child's parents and school governors. The school MUST issue a letter to the parents notifying them of the exclusion.
Informal exclusions are illegal, for example sending a child home to ‘cool off’ or only allowing a child or young person in for a reduced amount of time (See guidance on reduced timetables).
The two different types of exclusion are:
- Fixed Period Exclusions
A pupil is excluded for a stated period of time. After five days the school must arrange alternative educational provision for the child or young person. The school has responsibility to provide and mark work for the pupil for the first five days of the exclusion. Once a child returns to education, measures should be taken by the school to make sure the absence does not affect the child's progress.
- Permanent Exclusions
Permanent exclusions are made when a head teacher feels the school’s behaviour policy has been breached in a way that it is no longer appropriate for the child to remain in the school.
(It is possible for a Fixed Period exclusion to be changed to a permanent exclusion if the reasoning is justified, and parents should be notified of this with a letter detailing the reason for the change, your rights and next steps)
What happens when my child is permanently excluded?
When a permanent exclusion occurs, the Council must arrange suitable full-time education, for example a Pupil Referral Unit, by at least the sixth day of exclusion.
If the excluded pupil has an EHCP (Education Health Care Plan), the local authority must arrange an appropriate full-time placement in consultation with the pupil's parents.
Can I appeal the exclusion?
Once the decision to exclude has been made, it will be reviewed by the school’s board of governors. At the meeting, you and your child have a right to present your case to the governors. You can represent yourself or enlist support or representation.
If the governing board agree with the head teacher and the exclusion is enforced, then you have the option of asking for the decision to be reviewed by an independent review panel.
The Equality Act 2010 states that schools must not discriminate against pupils on the basis of their sex, race, disability, religion, or sexual orientation. For pupils with SEND (special educational needs or disabilities), this includes a duty to make reasonable adjustments to policies and practices in accord with their needs.
If you feel the decision to exclude your child is discriminatory, you can make a claim to the First-Tier tribunal for disability discrimination or a County Court for other types of discrimination.
The following services may be able to assist you if your child has been excluded from school:
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The School Exclusion Project provides free legal representation to challenge permanent school exclusion.
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BLAM UK CIC provides a school exclusion appeal service for black British students
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SIAS offers information, advice and support to families of children and young people with special educational needs and disabilities, aged 0-25. This includes support in relation to school exclusions
Information and resources
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Coram School Exclusions Hub has free information and resources for professionals and community organisations supporting children and their families to challenge school exclusion
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IPSEA's website contains resources and information related to the exclusion of children with SEND (special educational needs or disabilities)