Exclusions

What happens when your child is excluded?

Your child’s school will let you know about an exclusion as soon as possible. They’ll follow up with a letter telling you how long your child is excluded for and why.

You should also be told how to challenge the exclusion, should you want to.

Exclusions can start on the same day, but the school shouldn’t make you collect your child straight away.

For the first 5 school days of an exclusion, it’s your responsibility to make sure your child isn’t in a public place during normal school hours unless there is a good reason.

You might be prosecuted if your child is found in a public place when they’re not supposed to be.

Types of exclusion

There are three types of exclusion:

  • Fixed Term Exclusion
  • Permanent Exclusion
  • ‘Informal’ or ‘unofficial’ Exclusion

Fixed term exclusion

A fixed term exclusion is where your child is temporarily removed from school. They can only be removed for up to 45 school days in one school year, even if they’ve changed school.

A fixed-period exclusion can also be for parts of the school day. For example, if a pupil’s behaviour at lunchtime is disruptive, they may be excluded from the school premises for the duration of the lunchtime period.  Lunchtime exclusions are counted as half a school day for statistical purposes and in determining whether a governing board meeting is triggered.

If a child has been excluded for a fixed period, schools should set and mark work for the first 5 school days.

If the exclusion is longer than 5 school days, the school must arrange suitable full-time education from the sixth school day, e.g. at a pupil referral unit.

Challenging a fixed term exclusion

You will get a letter from the school telling you what to do if you disagree with the exclusion.

You can ask the school’s governing body to overturn the exclusion if either:

  • your child has been excluded for more than 5 days
  • the exclusion means they’ll miss a public exam or national curriculum test

if the exclusion is for 5 days or fewer, you can still ask the governors to hear your views, but they can’t overturn the headteacher’s decision.

Permanent exclusion

Permanent exclusion means your child is expelled. Your local council must arrange full-time education from the sixth school day.

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

  • in response to a serious breach or persistent breaches of the school's behaviour policy; and
  • where allowing the pupil to remain in school would seriously harm the education or

welfare of the pupil or others in the school.

The decision on whether to exclude is for the head teacher to take. However, where practical, the head teacher should give the pupil an opportunity to present their case before taking the decision to exclude.

Whilst an exclusion may still be an appropriate sanction, the head teacher should take account of any contributing factors that are identified after an incident of poor behaviour has occurred. For example, where it comes to light that the pupil has suffered bereavement, has mental health issues or has been subject to bullying.

Early intervention to address underlying causes of disruptive behaviour should include an assessment of whether appropriate provision is in place to support any SEN or disability that a pupil may have. The head teacher should also consider the use of a multi-agency assessment for a pupil who demonstrates persistent disruptive behaviour.  Such assessments may pick up unidentified SEN but the scope of the assessment could go further, for example, by seeking to identify mental health or family problems.

Challenging permanent exclusion

You’ll be invited to a review meeting with the school’s governors if your child has been permanently excluded. This will happen within 15 school days.

If the governors don’t overturn the exclusion, you can ask for an Independent Review Panel Hearing. The Governors Hearing outcome letter must tell you how to do this.

If you think your child’s been discriminated against, you can make a claim to the SEND First Tier Tribunal.  You need to do this within 6 months of the exclusion.

‘Informal’ or ‘unofficial’ exclusions

‘Informal’ or ‘unofficial’ exclusions such as sending a pupil home ‘to cool off’, are unlawful, regardless of whether they occur with the agreement of parents or carers. Any exclusion of a pupil, even for short periods of time, must be formally recorded.

Challenging “informal” exclusions

If you are being asked to take your child home at lunchtime or to “cool off”, these must be recorded.  If the school is reluctant to give you the exclusion letter when you are collecting your child, you could ask them to complete PATT’s Informal exclusion from which will give you the details of the exclusion before you leave the school premises.

If you are having any difficulties with school regarding exclusions, you can make an appointment to meet with a member of the PATT SENDIASS team who can give you advice and an Exclusions Record Pack.

For further information:

www.childlawadvice.org.uk

www.ace-Ed.org.uk

www.autismeducationtrust.org.uk/exclusions

 

If your child has been permanently excluded please email exclusions@patt.org.uk 

or call the PATT Exclusion Support Line on 07711 749187.