Pupils excluded from school

This step-by-step guide has been produced to help parents and carers understand what it means for a child to be excluded from school and to answer some questions that arise from this process.

Services for Children and Young People aims to provide the best possible educational opportunities for the young people of Plymouth to enable them to fulfil their potential as active citizens in the social, cultural and economic life of the city.

In order to achieve this aim we need to ensure that our schools are disciplined and orderly communities where teaching and learning can take place. At times a small minority of our pupils may need to be excluded from school when we are balancing the needs of the individual against the entitlement of the majority to a calm and ordered learning environment.

Helping to understand exclusions

Excluding a pupil from school is always a process which causes concern to everyone; child, parent and school.

Decisions to exclude are never taken lightly and procedures are in place to help everybody to understand the reasons for the exclusion. The processes give all concerned the opportunity to discuss the situation fully and reach agreement on ways forward for everyone.

On these pages you will find the following information:

• What rules govern exclusions from school
• What is 'exclusion?'
• Are there different types of 'exclusion?'
• Who will provide education during the exclusion period?
• What right do you have to present your case to the school's Governing Body?
• What is permanent exclusion?
• Understanding the exclusion procedure
• What happens to your child's work and exam entries while they are permanently excluded from the school?
• What rights do you have to present your case to the school's Governing Body?
• What can I do?
• Stating your case to the Governing Body
• After the meeting with the Governing Body, what happens next
• Appendix A: specific groups recognised by the Department for Children, Schools and Families (DCSF) as being at 'particular risk'
• Appendix B: examples of alternative solutions.

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What rules govern exclusions from schools

In 'Improving Behaviour and Attendance: Guidance on Exclusion from Schools and Pupil Referral Units (September 2007)' the DCSF explains the law and what the Government expects from schools, Governing Bodies, Local Authorities (LAs) and appeal panels. On these pages we call this 'the Guidance'. By law this guidance must not be ignored.

On this page we use:

• Must when the law says something must happen;
• Should when the DCSF has identified a process as good practice.

What is exclusion?

This means that the Head teacher has prohibited your child from attending his/her school. The decision to exclude your child will have been taken:

• In response to serious breaches of a school’s behaviour policy;
• If allowing the pupil to remain in school would seriously harm the education or welfare of the pupil or others in the school.

Children can be excluded for behaviour outside school if the Head teacher feels that there is a clear link between that behaviour and maintaining good behaviour and discipline within school.

When you receive written notice of your child’s exclusion your child may not enter the school grounds or use school transport services. You have responsibility for supervising your child during the time in which he or she would normally be at school. Parents are subject to a fixed penalty notice if they fail to do this.

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Are there different types of 'exclusion'?

Yes. There are three types of exclusion. They are:

• Lunchtime: this means your child is prohibited from attending school for the lunchtime period. If your child is in receipt of a free school meal the school will provide one for him/her, although it may be in the form of a packed lunch. Lunchtime exclusions should not be drawn out – other ways of dealing with the problem should be worked out. (A lunchtime exclusion is classed as a half-day exclusion from school.)
• Fixed period: this means that your child is prohibited from attending school for a set number of days, which the Head teacher will specify. (This may be for up to a total of 45 school days in any one school academic year. The limit of 45 school days applied to the pupil and not the school/college.). A fixed period exclusion may be extended to allow a head teacher to fully investigate an incident. As a result of an investigation the Head teacher may decide to change the fixed term exclusion to a permanent one. You will be informed in writing if this is the case and the reason why.
• Permanent: this means that your child has been permanently excluded from attending that school.

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Who will provide education during the exclusion period?

Fixed term exclusion

The school’s obligation to provide education continues and must be met during a fixed period exclusion. Where a pupil is given a fixed period exclusion of a duration of six days or longer, the school has a duty to arrange suitable full time educational provision from and including the sixth school day of the exclusion. Provision should normally be off-site, but a school may make provision on-site where arrangements for shared on-site provision have been made jointly with the governing body of at least one other school and is available to excluded pupils from that or those other schools.

Permanent exclusion

It is the responsibility of the school during the first five days of a permanent exclusion to ensure that work is sent home for the pupil to complete. From the sixth school day of a permanent exclusion, the LA is statutorily responsible for ensuring that suitable full-time education is provided.

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What right do you have to present your case to the school's Governing Body?

Fixed period exclusion of five school days or less

The Governing Body must, in the case of a fixed term exclusion of five school days and fewer in one term, (and which does not bring the pupil's total number of days of exclusion to more than five in one term), consider any written representations made by the parent. If representations from the parent are received the Governing Body must consider them, but they cannot direct reinstatement. In such cases the Governing Body has the discretion to agree to a meeting if the parent requests a meeting to discuss the exclusion. No statutory time limits apply to the consideration of such exclusions, but the Governing Body should consider responding promptly to any request from the parent.

Fixed period exclusion of more than five school days but less than 15 school days

The Governing Body must, in the case of a fixed term exclusion of more than five, but not more than 15 school days in one term, (which does not bring the pupil's total number of days of exclusion to more than 15 in one term), convene a meeting between the sixth and 50th school day after receiving notice of the exclusion, to consider the exclusion, but only if the parents/carers request in writing such a meeting.

Fixed period exclusions of more than 15 school days

The Governing Body must, in the case of a fixed term exclusion of more than 15 school days in one term, (or which brings the pupil's total number of days of exclusion to more than 15 in one term), convene a meeting between the sixth and the 15th school day after the receipt of notice to consider the exclusion.

The Governing Body must invite the parents/carers, Head teacher and the Plymouth LA Inclusion Manager to any exclusion meeting at a time and place convenient to all parties. It is not necessary for the LA officer to attend unless requested to do so.

In all cases of fixed term exclusion the Head teacher must inform the parent/carer immediately, usually by telephone, and follow this up by letter.

The letter will:

• outline the reasons for the fixed term exclusion
• state the number of days the exclusion is for
• state the date and time when your child has to return to school. This will involve you and your child attending a reintegration meeting with the school to set targets and outline strategies to avoid future exclusions
• outline your rights to make written representation to the Governing Body
• outline where you as a parent can seek advice and support .

Your child should not be sent home for a period longer than 24 hours without you being notified by letter why your child is not allowed in school.

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What is permanent exclusion?

This type of exclusion means that your child has been banned from that school on a permanent basis.

Permanent exclusion is a very serious decision. Only the Head teacher can permanently exclude. (If the Head teacher is absent it should be the most senior teacher who is acting as Head).

The following guidance therefore applies to permanent exclusions:

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Understanding the exclusion procedure

The Head teacher will have taken the following steps before excluding your child:

• A thorough investigation of the incident or incidents will have been carried out and recorded
• Your child will have had a chance to say what happened
• Thought carefully about the evidence available and sought advice
• Taken into account the school's behaviour and equal opportunities policies and the relevant Race Relations Act and Disability Discrimination Act
• Checked whether bullying or racial or sexual harassment of your child led to your child's actions.
• Considered or reviewed a Pastoral Support Programme
• Sought advice from others.

It is very clear from the DCSF Guidance that exclusions from school are an official process, i.e. a teacher sending home a pupil to and telling them not to return unless their parents make an appointment is unacceptable. A parent should check that a letter notifying parents/carers of a formal exclusion has been received from the Head teacher or, if that person is absent, from the most senior teacher acting as the Head. Only the Head teacher (or the appropriate representative in their absence) may exclude.

Parents/carers should be aware that the Head teacher must:

• publicise the school's behaviour policy to parents and pupils each year,

and

• let you know as soon as possible (usually by telephone) about the permanent exclusion and your rights. This to be followed by a letter within 24 hours.

Head teachers do not take the decision to permanently exclude lightly. All other alternatives to exclusion will have been explored. A permanent exclusion will not take place in the heat of the moment unless there was an immediate threat to the safety of your child or others in the school.

The Head teacher may exclude a child if they feel 'on the balance of probabilities' the child did probably carry out the actions of which they are accused. However, in very serious cases, the Head teacher will seek to establish substantial evidence in support of the allegations. (This is not the same as requiring the criminal standard of proof to be applied, but it does mean that when investigating more serious allegations, Head teachers will need to gather and take account of a wider range of evidence in determining whether it is more probable than not that the pupil has committed the offence).

Following a serious breach of the school's behaviour policy and when the Head teacher has made the decision to permanently exclude you will receive, within one school day, a letter from the school outlining:

• that the exclusion is permanent
• the reasons for the permanent exclusion
• your right to state your case to the governors and how to go about this.

The letter should also include:

• the date the permanent exclusion starts and any relevant history
• how your child can continue their education arrangements for setting and marking work
• the latest date the Governing Body can meet
• your right to have a copy of your child's school record
• the name and ‘phone number of the LA Inclusion Manager who can advise you
• the contact details for the Plymouth Parent Partnership Service who can provide independent advice and support.
• the contact details for the Advisory Centre for Education (ACE)

What happens to your child's work and exam entries while they are permanently excluded from the school?

In the case of a permanent exclusion the pupil remains on the roll of the school until any appeal is determined, until the time limit for the parents to lodge an appeal has expired without an appeal being brought or the parent has informed the LA in writing that no appeal is to be brought. It is the responsibility of the school during the first five days of a permanent exclusion to ensure that work is sent home for the pupil to complete. During these initial five days of exclusion, parents must ensure that their children are not found in a public place during school hours without reasonable justification. Parents are subject to a fixed penalty notice fine if they fail to do this.  

During the first five days of a permanent exclusion the LA should arrange to assess the pupil’s needs and how to meet them including any special educational needs the pupil may have. The LA should also arrange a meeting with the parents to discuss options within the week of the exclusion. From the sixth school day of a permanent exclusion, the LA is statutorily responsible for ensuring that suitable full-time education is provided including making arrangements to sit public examinations.

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What rights do you have to present your case to the school's Governing Body?

The Governing Body must, in the case of a permanent exclusion, convene a meeting between the sixth and the 15th school day after the date of receipt of the notice to consider the exclusion. The Clerk to the Governing Body must inform you seven days before in writing about the date and time of this meeting.

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What can I do

?

This is a very difficult and worrying time for you and your child. This section of the information booklet looks at what you can do if you disagree with the permanent exclusion. You can get independent advice and support from the Plymouth Parent Partnership Service ring 01752 258933 about these steps.

Step 1: send a letter

Permanent exclusion is a very serious step for a school to take. You have the right to put your case in writing and appear before the disciplinary committee of the school's Governing Body in person.

The Governors will decide if the permanent exclusion was the right action for the Head teacher to take. They have the power to;

• uphold the Head teacher's decision.
• overturn the Head teacher's decision and reinstate your child.

However, if the Governors do not reinstate your child to his/her school then you have the right to put your case to an Independent Appeals Panel.

The Panel has the right to;

• uphold the Head teacher's decision
• overturn the Head teacher's decision and reinstate your child to that school
• overturn the Head teacher's decision but not reinstate your child. They will ask the LA to find a new school.

Step 2: preparing for the meeting

You should make every effort to attend the Governors' meeting. You are advised to contact the Plymouth Parent Partnership Service who can give you impartial advice and guidance on the way the meeting will be conducted and the possible outcomes. It is a good idea for you to write down your case and read it out at the meeting. This will ensure that your points are clear and nothing is accidentally missed out. Check the following:

• The letter informing you of the permanent exclusion has followed the correct procedure (as pointed out above).
• The reason for the exclusion. Permanent exclusion should not be used for minor incidents. They should be for serious breaches of the school's behaviour policy; or there is sufficient evidence that by staying at school your child would seriously harm the education and welfare of themselves and others.
• Ask your child what they perceive happened. Try to do this as soon as possible. Encourage your child to attend the hearing and speak on their own behalf. Suggest that they write down their version of events to help them at the meeting. Talk it through with them carefully.

Head teachers are obliged to send you their report on the incident leading to the exclusion seven days before the Governing Body's meeting. The report will also contain;

• your child's academic ability indicators
• their attendance record
• a brief history of their time at the school
• their behaviour log and strategies the school has used to help your child. This report may also contain witness statements with personal details withheld of people who observed the incident.

Step 3: consider these other points regarding you child's permanent exclusion

• Does your child fit into a specific group that the DCSF has identified as being 'at particular risk' and has the school taken special action to support him/her (see Appendix A, for the full specific group list)?
• Have you noticed a deterioration in your child's behaviour? Have you talked to the school?
• Has your child previously served fixed period exclusions?
• Has a Pastoral Support Programme (PSP) been put in place by the school.
• Have other agencies been involved in supporting your child?
• Does your child have emotional and behavioural difficulties or another learning difficulty? Does your child have Special Educational Needs (SEN)?
• Does your child have a Statement for Special Educational Needs, which is linked to specific behavioural, emotional and social difficulties (BESD)? Does your child have less serious difficulties, which place him/her at School Action or School Action Plus level?
• Were drugs involved? The school will have a clear drugs policy.
• Do you believe your child was bullying or being bullied by others? The school will have a clear behaviour and anti-bullying policy.
• Do you think your child was involved in an act of discrimination? The school will have a race equality policy which encourages equality of opportunity and good relations between people of different racial groups.
• Does your child have a disability? If you feel that your child's exclusion was linked in some way to their disability the Disability Discrimination Act might apply. More information can be obtained from The Disability Rights Commission Helpline 08457 622633 or the Plymouth Parent Partnership Service.
• The school will have considered alternative solutions to deal with your child rather than exclusion. You will have been involved in these unless the exclusion is for a serious 'one-off' incident. (Appendix B gives examples of alternative solutions suggested in the Guidance.)

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Stating your case to the Governing Body

The meeting should be arranged at a time and place convenient to you as far as possible. You should put your case in writing but it is generally better to be there in person. You should prepare carefully for the Governors' meeting. You should encourage your child to attend the Governors’ meeting unless you believe the experience would be too overwhelming, in which case ask them to write down their version of events.

Before the meeting

• Write or type your case to read at the meeting. If you give out copies at the meeting it may help the governors remember your points
• Look through your case and write down the questions you want to ask.
• Collect any back-up material
• Think about taking a friend, relative or adviser along. You can take a formal representative, but make sure they know about school issues. Parent Partnership will be able to help you decide on appropriate representation.

Who will be at the meeting?

• Generally three or five governors (none should have an involvement which could make them biased)
• A clerk to take notes and advise the governors on procedure.
• A LA representative will be invited to give their comments but is unlikely to attend for short-term exclusions. The representative is not there to remark on the merits of the exclusion
• The Head teacher (and other investigating staff if necessary) will put their case regarding your child's exclusion
• Possibly, witnesses
• The excluded pupil should attend the meeting and speak.

How will the meeting be run?

• The meetings follow a set protocol
• There will be a written report from the Head teacher. You and the governors will receive a copy, at least seven days before the meeting, unless there are extenuating circumstances.
• Any written statement which you provide will also be circulated before the meeting
• At the meeting, after an introduction by the Chairman, the Head teacher will outline the reasons for his/her decision to exclude your child
• You will be able to ask questions of the Head teacher and of other witnesses, who may give information at the meeting
• After that, you (and your child, if attending) will be able to put your case
• Information is shared in the presence of all parties and you should be prepared to answer any questions from the Head teacher and the governors
• The LA representative may make a statement about the procedures followed in regards your child's exclusion
• When the governors have heard all the information, both you and the Head teacher will be given the opportunity to make a final statement
• Finally, you (your child/representative), the Head teacher (and staff) and the LA representative will withdraw whilst the governors consider their decision.

The Governing Body has only two decisions open to it:

• To uphold the permanent exclusion or
• To direct the pupil's reinstatement, either immediately or by a particular date.

The Governing Body's decision will normally be given to you at the end of the meeting, and you will also receive a letter from them (within one school day), which will set out their decision and their reason for it.

The letter will include the following information:

• The reason for the decision
• Your right to appeal to an Independent Appeal Panel, together with the name and address of the person to whom any notice of appeal should be sent (normally the Clerk to the appeal panel)
• The date by which any notice of appeal should be lodged. This has to be 15 school days after the day on which notice in writing was given of the Governing Body's decision to the parents/carers
• Inform the parents that any notice of appeal must set out the grounds on which the appeal is made
• That any claim on the grounds of disability discrimination can also set out the grounds on which the appeal is made.

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After the meeting with the Governing Body, what happens next?

The LA Inclusion Manager will meet you after the Governing Body's meeting and explain the consequences of the governors' decision to you. lf Governors uphold the permanent exclusion then you have the right of appeal to an Independent Appeal Panel.

The Independent Appeal Panel is strictly independent of the school, governors and the LA. The Independent Appeal Panel procedures and the time span for the appeal process will be explained. If you do not appeal to the Independent Appeal Panel, you will be given advice from the LA representative regarding your child's future educational provision as a matter of priority.

This will take the form of discussing options such as the LA finding an alternative mainstream school provision or your child being placed in one of the LA's ACE centres (Alternative Complimentary Education). You must think very carefully about the options open to you and give the LA your decision in writing. If you do not attend the Governors' meeting then the LA Inclusion Manager will endeavour to set up a meeting to discuss these options.

The LA Inclusion Manager will also write to you confirming the last date for lodging an appeal with the Independent Appeal Panel and official details and guidance in regards to that body's appeal procedures.

The Independent Appeal Panel may uphold the parents' appeal and direct reinstatement. They can also decide that your appeal is upheld, but that your child will not be reinstated back into the excluding school. Schools do not have to reinstate pupils into the same classes or programme of study. Schools are allowed a reasonable planned period of reinstatement. The school will explain this to you.

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