The Inclusion team offers advice to parents, head teachers and school governors on the exclusion process and the Department for Education's statutory guidance, "Suspension and permanent exclusion from maintained schools, academies and pupil referral units in England, including pupil movement."
An Inclusion representative may attend permanent exclusion meetings and meetings relating to suspensions of more than 15 school days, where appropriate and where invited. Where attendance is not possible or appropriate, the Inclusion team may provide written representations where these can be accepted.
The Inclusion team is informed of all exclusions that are recorded at Oldham Schools/Academies.
- A suspension is the temporary removal of a pupil from school for disciplinary reasons for a fixed period (suspensions were previously referred to as fixed-term or fixed-period exclusions).
- A permanent exclusion from school is the last sanction available to a head teacher when they believe that a pupil has seriously breached the School Discipline Policy.
Suspensions
A headteacher can suspend a pupil only on disciplinary grounds. Decisions to suspend or permanently exclude must be lawful, reasonable, fair and proportionate.
A suspension is when a pupil is formally and temporarily removed from school for a fixed period of time for disciplinary reasons
A suspension can be applied for any breach of a school’s behaviour policy where it is considered to be the appropriate level of sanction.
How will you know if your child has been excluded?
You will receive an exclusion notification letter from the head teacher of the school that explains:
- Length of suspension
- Reason for suspension
- Making a representation to the governing board (see below)
- Home education plan (if exclusion longer than 5 days)
You should also be contacted by phone.
How long is a suspension?
A suspension is for a number of days set by the head teacher.
A head teacher can exclude for lunchtimes only if behaviour during lunch is inappropriate (this is equivalent to half a day).
A pupil may be suspended for one or more fixed periods, up to a maximum of 45 school days in a single academic year.
What happens during an exclusion?
The first 5 days:
During the first 5 school days of a suspension or permanent exclusion, parents of a compulsory-school-age child must ensure that the child is not present in a public place during school hours without reasonable justification.
The school will arrange for some work for your child. You must make sure the work is completed and returned. The work will be marked and more work provided.
From day 6:
Where a pupil of compulsory school age is suspended for more than 5 school days, the governing board must arrange suitable full-time education to begin no later than the sixth school day of the suspension.
It is the school’s responsibility to provide the lessons (details should be in the exclusion notification letter).
The lessons may be on the school site or with an alternative provider.
Making a representation to the governing board
You can write to the governing board with your views on the suspension - this is called making a representation.
Ask the school for contact details.
Governing board meetings:
For a suspension that takes the total number of days to between 6 and 15 in a term, you may request a meeting of the governing board.
The meeting must take place within 50 school days following the exclusion.
For a suspension that takes the total number of days to more than 15 in a term, the governing board must arrange a meeting.
The meeting must take place within 15 school days following the suspension.
Attendees:
- At least 3 school governors (to decide if the exclusion was appropriate)
- A clerk (to take notes)
Invited to attend:
- You
- The head teacher
- A representative of the Local Authority
You may take someone with you for support (including legal representation), but let the school know in advance.
The governors' decision:
The governors' decision will be sent to you within one school day.
Governors are not allowed to attach conditions to the decision.
In many cases, your child will have already returned to school and a note of the decision will be placed on their school record.
If your child has not already returned, and the governors decide to reinstate your child, the school will arrange their return to school.
Public examinations
If your child would miss a public examination, the governing board should meet before the date of the examination.
Contact the school if this is the case.
Returning to school
Your child should return to school after the period of suspension.
Following a suspension, the school should support the pupil's reintegration into school and provide appropriate pastoral support.
Reintegration should help the pupil understand expectations and provide them with a fresh start. A pupil's return to school must not be delayed because a parent is unable or unwilling to attend a reintegration meeting.
Permanent exclusion
A decision to permanently exclude 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.
A permanent exclusion is when a pupil is removed from the school permanently and taken off the school roll. However they must remain on the Admissions Register until the parents/carers have been through, or declined to go through, the independent review process that they are entitled to request.
A permanent exclusion from school is the last sanction available to a head teacher when, after appropriate investigation, they believe that a pupil has seriously breached the School Discipline Policy.
A permanent exclusion means that unless the governors of the school direct otherwise your child will not be allowed to return to the school.
Permanent exclusion is not a step that head teachers take lightly and they will have made the decision based on the facts that:
- It is in response to a serious breach, or persistent breaches, of the school’s behaviour policy
- Allowing your child to remain in school would seriously harm the education or welfare of your child or of others in the school
Permanent exclusion should only be used as a last resort. Schools should consider appropriate support and preventative measures and should comply with their duties towards pupils with SEND and other vulnerable pupils.
A formal process has to be followed in the event of a permanent exclusion, and strict timescales are set by the Government for the various parts of the process.
How will you know if your child has been excluded?
You will receive an exclusion notification letter from the head teacher of the school that explains:
- Reason for the exclusion
- Making representations to the governing board
You should also be contacted by phone.
Making representations to the governing board
You may write to the governing board or attend a meeting to give your views on the exclusion (or you may do both).
Ask the school for contact details.
The meeting must take place within 15 school days after receipt of the exclusion notification letter.
Governing board meetings:
Attendees:
- At least 3 governors (to decide if the exclusion was appropriate)
- A clerk (to take notes)
Invited to attend:
- You
- The head teacher
- A representative of the Local Authority.
You may take someone with you for support (including legal representation), but let the school know in advance.
Governors’ decision:
The governors' decision will be sent to you within one school day.
Governors are not allowed to attach conditions to the decision.
The governors will do one of the following:
- Reinstate your child
- Uphold the head teacher’s decision to permanently exclude.
If your child is reinstated the school will arrange the return to school.
If the head teacher’s decision is upheld, you will be told of your right to request an Independent Review Panel.
Independent Review Panel
You have 15 school days from the date you receive the letter from the governing body to request a review.
If you decide you want the case reviewed you must let the clerk to the Independent Review Panel know in writing within the 15 school days, or your review will not be considered.
The Independent Review Panel has 3 members and will be able to make the following decisions:
- Uphold the exclusion
- Recommend the exclusion be reconsidered
- Quash the decision to exclude and direct reconsideration.
A Parent’s Guide to Independent Review Panels will be sent to you.
Education during permanent exclusion
The first 5 days:
You must make sure your child stays at home during school hours.
The school will arrange for some work for your child. You must make sure the work is completed and returned. The work will be marked and more work provided.
From day 6:
For a permanently excluded pupil of compulsory school age, the local authority must arrange suitable full-time education to begin no later than the sixth school day of the permanent exclusion.
If the governors decide to uphold the exclusion, the Local Authority will continue to provide full-time education for your child.
Public examinations
If your child would miss a public examination, the governing board should meet before the date of the examination.
Contact the school if this is the case.
Children with Special Educational Needs
Schools must consider whether a pupil's SEND has contributed to their behaviour and whether it is lawful and appropriate to suspend or permanently exclude them. Schools have duties under the Equality Act 2010, including the duty to make reasonable adjustments for disabled pupils.
Where a pupil has an Education, Health and Care (EHC) plan and there are concerns about behaviour or the risk of exclusion, the school should work with parents and the local authority and consider whether an early review of the EHC plan is appropriate.
Parents can seek independent information, advice and support from SENDIASS.
Informal or unofficial exclusion
Informal or unofficial exclusions are unlawful. A pupil must not be sent home for disciplinary reasons without the school's formal suspension or permanent exclusion process being followed and the exclusion being recorded formally. This remains the case even if the parent agrees to the pupil being sent home.
An example is a pupil being sent home for a short period of time for a ‘cooling off period.’
Part-time timetables
A ‘part-time timetable’ is when a pupil is asked to attend school for only part of the school day, such as starting or leaving school at lunchtime.
All children are entitled to a fulltime education and as a rule, schools cannot place a pupil on a part/time timetable.
In very exceptional circumstances a school may put in place a temporary part-time timetable to meet a pupil’s individual need.
All pupils of compulsory school age are entitled to a full-time education. A part-time timetable should only be used in very exceptional circumstances, where it is in the pupil's best interests, for the shortest period necessary and as part of a plan to return to full-time education. A part-time timetable must not be used to manage a pupil's behaviour. It must be agreed by parents/carers.
In agreeing to a part-time timetable, a school has agreed to a pupil being absent from school for part of the week or day and therefore must record it as authorised absence.
Internal exclusion, seclusion and isolation
‘Internal exclusion’ is when a pupil is excluded within the school for disciplinary reasons.
This may include being removed from their class to a separate room or booth within the school.
Schools can adopt a policy which allows pupils to be placed in an area away from other pupils for a limited period.
If a school uses seclusion or isolation rooms as a disciplinary penalty this should be made clear in their behaviour policy.
Pupils should be in isolation no longer than is necessary and their health, safety and welfare must always be put first.
Managed move
A ‘managed move’ is a voluntary agreement -between a pupil’s current school, their parents/carers and a new school - for a pupil to move from one school to another.
A managed move must be voluntary and agreed by all parties. It must be intended to be a permanent move from the outset; a managed move cannot be subject to a trial period. Managed moves must comply with the School Admissions Code. A pupil must not be excluded because they or their parents do not agree to a managed move.
Once a pupil is registered at the new school, their name can be removed from the Admission Register of the original school.
The threat of exclusion must not be used to influence parents/carers to remove their child from the school.
Off-rolling and gaming
‘Off-rolling’ is described by Ofsted as the practice of a school removing a pupil from a school roll in the perceived interests of the school rather than the pupil.
‘Gaming’ is similar and describes any process when a school’s actions or decisions – to exclude, not to exclude or during the process of excluding a pupil - are made in order to favour the school or academic league tables.
A pupil must only be removed from the school's admission register where there is a lawful basis for doing so under the current school attendance and pupil registration legislation. Removing a pupil from the school roll in the interests of the school rather than the pupil may constitute off-rolling.
Separation of pupils for safeguarding purposes
In rare circumstances, a school may need temporarily to prevent a pupil from attending the school premises for safeguarding reasons, for example where it is essential to separate pupils following an allegation of harm. This is not a suspension or permanent exclusion because it is not a disciplinary sanction.
Parents should be informed of the reason for the separation, the school's designated safeguarding lead should be involved and the governing board should be notified without delay. Appropriate education arrangements must also be considered.