Exclusion From School
Who can exclude a pupil
The Headteacher has the authority to exclude a pupil (or the deputy Headteacher in the absence of the Headteacher).
Exclusion is used sparingly and in response to a serious breach of the school's code of conduct. Headteachers only take this decision after other strategies have failed and all attempts have been made to avoid excluding the pupil.
If your child is excluded you will be contacted by telephone by the Headteacher. This will be followed by a letter explaining the reasons for the exclusion and your rights to make a statement to the Governors.
What exclusion means
An exclusion means that the child is not allowed to attend school or go onto school premises for either a fixed term or permanently.
- Fixed term exclusion - a child may be excluded for up to 45 days in any academic year and a date is given for returning to school.
- Permanent exclusion - the school does not intend that the pupil will return.
The legal framework concerning exclusion is set out in the School Standards and Framework Act 1998
.
Measures taken before excluding a pupil
Before excluding a pupil the school would normally have used a variety of strategies such as:
- Detentions
- Issuing a formal warning
- Positive reporting system
- Removing the pupil for a limited period from certain activities
- Interviewing the pupil and parent
- Negotiating agreements with the pupil and parent
- Identifying any special educational needs the pupil may have
- Referral to the Behaviour Support Service
- Pastoral Support Plan (if the exclusion is permanent)
- The headteacher may have also considered some of the following factors:
- The age and state of health of the pupil
- The pupil's previous record, any particular circumstances which may have contributed to the behaviour leading to the exclusion
- Parental or peer pressure that may have contributed to the behaviour
- Whether the behaviour had a significant impact on the life of the school
- The degree to which the behaviour was a violation of the school rules and behaviour policy
- Whether the pupil was solely responsible for the incident or as part of a group
Whether consideration has been given to seeking support for the pupil from other agencies such as the Education Welfare Service, Educational Psychology Service and Behaviour Support Service.
What you can do if your child is excluded
You can state your views if your child has a fixed term exclusion of 5 days or more (either separately or in total) or a permanent exclusion. Write to the school's governing body asking for a meeting with the governors to discuss the exclusion.
If your child is excluded for five days or more in one term (either separately or in total) from a community, foundation or aided school your views should be made in the first instance to the Governing Body's Discipline Committee. In the case of a permanent exclusion, if you wish to take the matter further you have the right of appeal to an Independent Appeal Panel.
Appeal Panels
At least three governors make up an Appeal Panel. They will have had no previous involvement in your child's exclusion.
- One of the governors will chair the meeting.
- A nominated person, usually another governor, who will act as clerk to take accurate notes.
- The Panel will hear your views and they alone will decide whether to uphold the Headteacher's decision.
As well as the governors also present at the appeal may be:
- You and possibly your child, depending on his or her age. You are advised to bring or send a friend or representative to help give your views.
- The Headteacher and possibly other members of staff who have been closely involved in the incidents which led up to exclusion.
- An officer of the Local Education Authority may attend to give the authority's view on the exclusion.
If the appeal is unsuccessful or you decide not to appeal, working with you, the pupil, and other appropriate agencies we will meet to discuss and plan the most appropriate future educational provision for your child.
What happens afterwards
Depending on the type of exclusion there may be several outcomes:
- In the case of a fixed term exclusion of five days or less, where a child is not entered for a public examination, governors may consider your statement but have no power to direct a re-instatement. Therefore the Headteacher's decision is final.
- If the exclusion is for more than five days or in the case of a permanent exclusion, the governors may uphold the exclusion or direct readmission.
- If the governors direct readmission the governors' decision will be recorded on your child's record along with a copy of the Headteacher's exclusion letter.
Whether you choose to make a statement or not, you should receive a letter with the governors' decision and the reasons for it.
School Adjudicators
School Adjudicators have been appointed by the Secretary of State for Education to decide on school organisational issues and admission arrangements which cannot be resolved locally.
They were appointed in response to the School Standards and Framework Act 1998
. For more information see the Office of the Schools Adjudicator
website.
