Exclusions
Exclusions of pupils from schoolsAll pupils in a school benefit when behaviour is good. High standards of behaviour are important in helping children to feel safe and learn well. Schools focus on promoting positive behaviour, helping to build self discipline and encouraging respect for others, but they also need sanctions to deter pupils from misbehaving.
In certain circumstances a school can exclude a pupil, which means that he/she is not allowed to attend the school for a period of time. The amount of time is decided by the headteacher and may include not being allowed to return at all.
Headteachers do not exclude a pupil lightly. A school will usually have tried other actions before excluding. A headteacher (or acting headteacher) can exclude a child if:
- they have seriously broken the school’s behaviour rules; and
- allowing them to stay would seriously harm their education or welfare, or the education or welfare of other pupils.
It is always helpful if the school and the parents/carers work together over an exclusion. Following the publication of the Education and Inspections Act in November 2006, a new law has been brought in to give parents the responsibility for the supervision of their child during exclusion. The law also says that a child should continue his or her education whilst excluded. If your child is excluded for any period up to five school days, you must ensure that or child stays at home during normal school hours. Detailed national and local information for parents is being updated currently, but the key things you need to know are summarised here.
There are two types of exclusion, fixed term and permanent.
Fixed term exclusions
A child who gets into serious trouble at school can be excluded for a fixed period of time. This is known as a fixed term or temporary exclusion. These exclusions are usually for a short period. The pupil must return after the exclusion period has expired. The law allows head teachers to exclude a pupil for a total of no more than 45 school days in any school year.
The school should call you on the day an exclusion is given and follow up with a letter including information on the period of exclusion, the reason for it and who to contact if you would like to give your views.
In cases of more than a day's exclusion, work should be set and marked. Parents have responsibility for their child’s welfare during the times they would normally have been in school. If your child is excluded for any period up to five school days, you must ensure that your child stays at home during normal school hours. From the sixth day of a fixed term exclusion, schools are required to provide suitable full-time education.
Frequently asked questions
What if my child has emotional and behavioural difficulties or a learning difficulty that affects their behaviour in school?
The school can ask the local authority (LA) to review the statement if your child is at risk of permanent exclusion. You would be invited to the review meeting. At the review meeting other ways of dealing with your child's behaviour can be discussed to try to avoid permanent exclusion.
Should my child be seen in a public place whilst he or she is excluded?
No. Your child must not be present in a public place without reasonable justification. It is not allowed, whether you are with your child or not.
What happens if my child is seen in a public place during this period?
Failure to comply with this requirement will mean that you are breaking the law. If your child is seen present in a public place you could be prosecuted, or, you may be issued with a fixed penalty notice of £50 which you must pay within 28 days. If the penalty notice remains unpaid, this might increase to £100. After 42 days, you could be prosecuted for breaking the law.
Will the school set work?
The school should set work and you must make suitable arrangements with the school for work to be collected and returned for marking during the initial five day period of the exclusion.
Does this ruling apply for any length of exclusion?
It applies for any period of exclusion up to five days. This new ruling does not apply to lunchtime exclusions.
What happens if the exclusion is more than five days?
If the fixed term exclusion is for more than five days, the school must provide the child with full time education from day six. The headteacher will inform you of the arrangements for this in writing.
What happens after the exclusion?
The headteacher will invite you to a reintegration interview following the exclusion.
If your child is attending primary school, you will have to attend such an interview after each exclusion.
If your child is at secondary school, you must attend the interview following an exclusion of more than five school days.
When will the interview take place?
The interviews normally take place on the day the child returns to school, but this could be shortly before or shortly after your child is due to return to school.
Will my child be allowed back in school if I cannot attend the interview?
You should do your best to attend the interview at the appointed time. Once the exclusion has come to an end, your child will be allowed back in school. Failure to attend a reintegration interview, however, will be a factor taken into account by a magistrate’s court if, on future application, they consider whether to impose a parenting order on you.
Permanent exclusions
This means the pupil cannot return to the school unless reinstated by the governing body or by an appeal panel. Your child can only be permanently excluded for extremely serious reasons and it is usually the final step of a long disciplinary process, though there are situations in which a child may be excluded for a ‘one-off’ offence, where a headteacher feels that he/she must take action immediately to protect the pupils and staff in the school.
During the first five days of a permanent exclusion the school should send work home for the pupil to complete. During these initial five school days of exclusion, parents must ensure that their child is not present in a public place during school hours without reasonable justification. The parents commit an offence if they fail to do this and are subject to prosecution or a fixed penalty notice of £50.
From the sixth day of a permanent exclusion the pupil’s local authority, ie the one in which he/she lives, has a duty to provide him/her with suitable education. This may be provided in another school, in a pupil referral unit (PRU) or by way of home tuition.
If your child has been permanently excluded, please note that:
· the school’s governing body is required to review the headteacher’s decision and you will be invited to meet with them to explain your views on the exclusion
· if the governing body confirms the exclusion, you can appeal to an independent appeal panel organised by the local authority
· the school must explain in a letter how to lodge an appeal.
Frequently asked questions
What if my child has a statement for Special Educational Needs?
The school may present evidence about your child's educational ability, behaviour and social background as well as the facts surrounding the incident which led to the permanent exclusion. The local authority (LA) will give its view and say whether it feels that permanent exclusion is appropriate or not. You will receive copies of this information in advance of the hearing.
How am I told that my child has been permanently excluded?
Once the headteacher has decided to permanently exclude your child, he/she should contact you immediately to explain his/her decision. He/she should telephone you if possible on the day and the exclusion should normally begin the following day.
The headteacher should then write a letter to you within one school day that gives:
- the reason for your child's permanent exclusion
- the steps taken to avoid permanent exclusion
- the date that the permanent exclusion begins
- arrangements for your child to have school work to do at home
- your right to see a copy of your child's school record
- your right to give your views on your child's permanent exclusion at a meeting with school governors on the discipline committee
- a final date for you to send any written statements to the discipline committee before the meeting
- the phone number of someone in the LA who can advise you and the phone number of the national Advisory Centre for Education.
Will the school set work?
The school will set work for you. You should make arrangements with the school for its collection and return for marking during the first five days of the exclusion.
What happens if my child is seen in a public during this period?
During the first five days of the exclusion, your child must not be seen in a public place during normal school hours without reasonable justification. It is not allowed, whether you are with your child or not.
Failure to comply with this requirement will mean that you are breaking the law. If your child is seen present in a public place you could be prosecuted, or, you may be issued with a fixed penalty notice of £50 which you must pay within 28 days. If the penalty notice remains unpaid, this might increase to £100. After 42 days, you could be prosecuted for breaking the law.
What will happen to my child’s education from day six of the exclusion?
The LA is responsible for ensuring that your child receives full time education from day six of the permanent exclusion. An officer from our children’s services exclusions team will contact you.
What if I disagree with my child's permanent exclusion?
You can put your views in writing and in person to school governors at a meeting of their discipline committee. The clerk to the discipline committee will write to give you the date and time of the meeting.
What is the discipline committee?
The discipline committee is made up of three to five of the school's governors. They follow guidance from the government and the local authority to decide whether exclusion is being carried out correctly in the school.
What happens at the discipline committee meeting?
The governors will consider the views of the school, you and your child and the LA. The governors can decide to uphold your child's permanent exclusion or allow your child to return to school.
If the governors uphold the permanent exclusion, is there anything else I can do to return my child to school?
You can appeal to an independent appeal panel.
Contact us:
Exclusions officer
Children’s services department
postal address:
Hammersmith Town Hall
King Street
W6 9JU
Tel: 020 8753 2627/3628
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