School - exclusion of pupils
Fixed period exclusion
A fixed period exclusion means that your child will not be
allowed to go to school for lunchtime periods or a number of school
days. You will normally receive a telephone call followed by a
letter telling you about the exclusion. The letter will tell you
when your child can go back to school. A return to school should
not be delayed until you have met with the Headteacher or a member
of staff.
A fixed period exclusion can be for a lunchtime period or for a
fixed period of one to forty-five days in an
academic year. Informal or unofficial exclusions are illegal
regardless of whether they are done with the agreement of
parents/carers.
Parents/carers must know the detail of the case against their
child.
- If your child is excluded from school, you will get a letter
giving the reasons for the exclusion. You should get this letter on
the day of the exclusion.
- If your child is excluded for a lunchtime period and is
entitled to a free school meal school will make arrangements for a
lunch to be provided, for example provide a packed lunch.
- If the exclusion is for five days or less and you want to
discuss it with the Governors you can say that you want to make
representations to the Pupil Discipline Committee. Whilst they do
not have to meet with you it is good practice for them to do
so.
- If your child has been excluded for between six
and fifteen school days in a term, the Governors Pupil
Discipline Committee must meet to discuss this, if you request a
meeting. The latest date by which the Pupil Discipline Committee
can meet is no later than 50 school days from the date that the
Governors were notified. The school will write and tell you about
the meeting and your right to attend and make your representation
at the meeting. Parents/carers may wish to be accompanied by a
friend or representative and advise school of a disability or
special needs which would affect their attendance at a meeting held
in school.
- If your child has been excluded for more than 15 school days in
a term, the Pupil Disciplinary Committee must meet to review the
exclusion whether or not you choose to attend.
During the exclusion
While your child is excluded, they may not go to school or into
the school grounds. Schools and school grounds are private places
anyone entering without authority, which might include excluded
pupils, are trespassing and will be asked to leave. The school will
set work but it is up to you to make sure it is collected and
returned when completed for marking.
You are responsible for your child while they are excluded. An
exclusion takes effect as soon as the school have made the decision
to exclude.
Behaviour policy
An exclusion is a very serious matter and even if you do not
want to meet with the Governors, it might be useful to discuss what
has happened with staff at school and how you might work together
to improve your child’s behaviour.
All schools will have a behaviour policy, which explains how
they manage challenging and difficult behaviour in school. Their
policy should include sanctions for poor behaviour and rewards
systems in place to help promote improved behaviour in school.
Parents/carers often have a strong influence on their child’s
behaviour and will want to add their support to the efforts made by
school to prevent further exclusions. The behaviour policy may also
include ways the school works with parents/carers, other agencies
and professionals in conjunction with existing support plans in
place, for example a Pastoral Support Programme or a Parenting
Contract. For information and advice on Education-Related Parenting
Contracts, Parenting Orders and Penalty Notices you can contact the
Parent Centre.
If you want more information the school will be able to explain
what has happened and why it has happened. If you want to discuss
the exclusion with the CSA, then you can contact the Inclusion
Officer or the Admission, Exclusions & Employment
Administrative Officer.
The Advisory Centre for Education also has a national helpline
on exclusions.
Permanent exclusion
Parents must know the detail of the case against their child
- If your child is permanently excluded from school, you will get
a letter giving the reasons for the permanent exclusion. You should
get this letter on the day of the exclusion.
- The school will tell you about the date of the Governors
Meeting. A group of 3 or 5 governors make up the Pupil Discipline
Committee or school could hold a full Governing Body Meeting, which
has decision-making powers. This is a meeting that you can attend,
with a friend or representative to help you. Your child can go to
the meeting if you want him/her to go.
- Before the meeting, the school must send you details of all the
reasons for the exclusion. The school must include all the reasons
that they will present to the governors and they cannot bring in
new information at the meeting. If you give new information then
the school can respond to this.
During the exclusion
While your child is excluded, he or she may not go to school or
into the school grounds. The school will set work but it is up to
you to make sure it is collected and returned when it is completed
for marking.
You are responsible for your child while he or she is excluded.
An exclusion takes effect as soon as the school has made the
decision to exclude.
Parents have the right to attend a meeting of the Governors
Pupil Discipline Committee or full Governing Body Meeting
- The CSA will discuss with you and your child an education plan
so that you will be aware of what plans are in place and how it
will be monitored.
- If you want to appeal against the exclusion to an Independent
Appeal Committee, the letter about the exclusion decision will tell
you who to write to and the deadline for doing this. You will have
to state why you think the decision should be changed.
If you want more information you can contact the Inclusion
Officer or the Admissions, Exclusions and Employment
Administrative Officer
You can also contact the Advisory Centre for Education, which
has a free national help line.
Independent appeal hearings
Background
Parents/carers have the right to appeal to an Independent Appeal
Panel against any decision made by a Governors’ Disciplinary
Committee. DCSF guidance- Improving Attendance and Behaviour:
Guidance on Exclusion from Schools and Pupil Referral Units –
October 2004, Part 5 – Independent Appeal Panels sets out how the
appeals should be handled. The guidance also includes an
explanation of the management of appeals and procedures followed
after the hearing.
The role of the appeal hearing
The role of the Independent Appeal is to uphold the decision to
exclude; direct immediate reinstatement or reinstatement at some
future date; or it may decide that because of exceptional
circumstances or other reasons it is not practical to give a
direction requiring reinstatement, but that it would be other wise
have been appropriate to give such a direction. In coming to this
decision the Independent Appeal Panel has to decide whether the
exclusion was in line with the national guidance and the school’s
discipline and behaviour policy, the interests of the pupil and
other pupils and staff at the school and the fairness of the
exclusion.
The Pupil Discipline Committee cannot put forward new evidence
or grounds to support the exclusion.
The Independent Appeal Panel is looking at the decision reached
by the Disciplinary Committee and the reasons for that. However, if
the parents/carers or the CSA produces new information, the Pupil
Disciplinary Committee can respond.
The hearing
Independent Appeals Hearings are independent and generally
follow the same sort of format as the Pupil Disciplinary
Committee’s meeting. The school puts forward their case, which can
be questioned by the Independent Appeal Panel and the
parents/carers. The parents/carers put forward their case and the
Independent Appeal Panel and the school can ask questions. The
school then sums up as do the parents/carers All parties leave the
room, excluding the clerk; the Independent Appeal
Panel will then discuss and reach an agreed decision.
The Headteacher would normally represent the school and a
nominated member of the Pupil Disciplinary Committee would be
invited to attend. The Pupil Disciplinary Committee and the
parents/carers may have legal representation.
The CSA will be present at hearings and may make oral or written
representation. The clerk to an Independent Appeal Panel minutes
the proceedings. The minutes are not public documents but should be
retained by the CSA for a period of at least five years, as they
may need to be seen by a court or by the Local Government
Ombudsman, should the Independent Appeal Panel process be
challenged.
Detailed guidance on the conduct of an Independent Appeal
Hearing is set out in DCSF Guidance Part 5.Schools should look
carefully at this information, particularly in relation to Evidence
and Witnesses paragraphs 113 – 119 when involved in an Independent
Appeal Hearing.
The remit of the independent appeal hearing
The decision of the Independent Appeal Panel is final and there
is no further appeal against the decision. If the parents/carers
believe that there has been maladministration in the process, then
they can complain to the Local Government Ombudsman but this is a
complaint about the process, not about the actual decision.
The Local Government Ombudsman might make a recommendation or a
fresh hearing, if this was practical the CSA would normally be
expected to comply If either the parents/carers or the Pupil
Discipline Committee consider that the Panel’s decision is
perverse, they may apply to the High Court for a judicial
review.
This must be done promptly and no later than three months of the
decision. If it was found that the Panel’s decision was unlawful or
unreasonable (in narrow legal sense of ‘unreasonable’, i.e.
irrational or perverse), the decision could be quashed and the CSA
be directed to hold a fresh appeal hearing before a newly
constituted panel.
After the appeal hearing
If the parents/carers is unsuccessful in the appeal, the
exclusion will stand and the responsibility for arranging education
for the excluded pupil rests with the CSA. The Inclusion Officer
will work with the pupil, parents/carers to gather all the relevant
information to help support the family through the re-integration
process to appropriate education provision.
If the parent is successful, then the pupil is entitled to
return to school. Schools will need to discuss and plan how to
manage what could be a difficult situation for a pupil’s return to
school. Whilst delay is not acceptable, it is reasonable to expect
a meeting with the pupil and parents/carers prior to re-entry so
that there can be an agreed planned return to school.
Details of an exclusion may not be deleted from the pupil’s
record, even where reinstatement is directed. The Pupil Discipline
Committee must, however, comply with any parental request to append
their appeal statement to the pupil’s record. It will be for the
Pupil Discipline Committee to decide what details of the exclusion
are included in the pupil’s school record in accordance with DCSF
guidance.