SCOPE OF THIS CHAPTER
This Chapter is new June 2009, it provides procedures and guidance on School Exclusions.
Contents
- School Exclusions
- Criteria for School Exclusions
- Fixed Term Exclusions
- Permanent Exclusions
- Appeals by the Social Worker Against an Outcome of an Exclusion Procedure
- Exclusion Facts
- Permanent Exclusion Appeal
1. School Exclusions
See Table 1: Types of Exclusion
For additional guidance on School Discipline and Exclusions, go to the Directgov website: School Discipline and Exclusions.
The Education Act 2002 and associated regulations govern the process of exclusion.
Only a Head teacher or those staff acting in place of the Head teacher (e.g.) Deputy Head or Senior Manager can exclude a pupil. An exclusion should normally begin on the next school day. The carers should be informed immediately by a telephone call (ideally) followed by a letter (Table 3: Letters) within one school day.
2. Criteria for School Exclusions
See Table 1: Types of Exclusion
- in response to a serious breach of the school's discipline policy;
- Exclusions should not be used for minor incidents (Table 2: Minor Incidents);
- once a range of strategies has been tried and failed; e.g. Pastoral Support Programmes (PSPs);
- if allowing the pupil to remain in school would seriously harm the education or welfare of the pupil or others in school.
3. Fixed Term Exclusions
See Table 1: Types of Exclusion
3.1 What the Social Worker should do
- work in partnership with carer, designated teacher, other school based workers (Learning Mentors, Teaching Assistants )and other agencies;
- contact the Head Teacher;
- discuss the exclusion. NB · Try to work with the school to help solve the problems that have arisen;
- look for the date and time when the young person should return;
- liaise with the carer to make arrangements to collect and return work to and from school. Ensure that the young person has access to a library, a computer and relevant software and any equipment or materials that are needed to allow continuity in education are available:
Social Worker advocacy procedures working on behalf of as child where fixed term exclusion is felt to inappropriate and/or unfair. Decide in consultation with the carer(s) whether you wish to make representation to the Discipline Committee against the exclusion. You will be an advocate for the Child in Care.
Are the details of the Exclusion Clear? What does your child say? What do others say? (See Table 4: Asking the Child)
3.2 Make notes about your child
Imagine you are describing them to a stranger. Remember their good points! Are there any reports which show what your child is like? Could someone official like a playgroup leader, doctor or youth worker or perhaps a neighbour, write a letter about them?
3.3 Think about the child at the time of the exclusion
Was the exclusion right given their age, health and any personal issues? Was anything upsetting your child, or was there pressure from others? Could anything else have affected their behaviour?
If your child were back in school (rather than excluded) would this seriously harm the education or welfare of themselves or others? How is your child affected by the exclusion? If others were involved, were their punishments in line with your child's? Have others at the school, or other local schools, recently been treated differently?
3.4 Check your child's school record
You are entitled to a full copy of their record, not just the academic record. Does it reveal misunderstandings? Does it include new information which may affect your case?
Describe your child and add anything that explains their behaviour and/or shows that exclusion may be wrong. If you think your child was in a group at particular risk write down why and what support they needed (See Table 5: At Risk Groups)
Check that Strategies to improve behaviour (Table 6: Strategies) should have been put into place by the school. Could this incident have been avoided if your
Does Your Child Have Emotional and Behavioural difficulties? Or learning problems? If you feel your child has ESBD or any other learning difficulty, explain why. Are they getting the help they need? If they had been given the right help could this have affected their behaviour? Has the school followed its special educational needs policy?
3.5 Were Drugs involved?
xxxxx - Text to follow
3.6 Was Discrimination involved?
See Table 7: Discrimination
3.7 Has the school explored and implemented alternatives to exclusion?
See Table 8: Alternatives to Exclusion
Is there another solution that would work for your child? Explain why. An example may be a different punishment, coupled with help for behaviour problems or special educational needs.
Your summary (See Table 9: Example of Summary) . At the end of your case the summary briefly repeats all your points from steps above and any other important points you have made.
3.8 Stating your case
The meeting should be at a time and place convenient to you as far as possible. You can just put your case in writing, but it is generally much better to be there in person.
3.9 Before the meeting
- Write or type out your case to read at the meeting (Table 10: Who will be 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 any questions you want to ask
- Collect any back-up materials (apology, letters etc.). Send them to the clerk, even if you have missed the deadline
3.10 Must my child go to the meeting?
If you consider that the child being there would be appropriate and helpful.
3.11 The Governors decide
For exclusions that add up to 5 school days or less in a term the governors must consider your written case and may allow you a meeting.
For exclusions that total more than 5 days in a term, or lead to your child missing a public examination, and where you or your child (if aged 11 or over) request it, the governors:
- Must look at the circumstances of the exclusion
- Must consider your case and the views of the LA
- Will assess how well any existing support for your child is working.
3.12 If your child has returned to school, the governors
- Must decide, based on the evidence, whether or not the Head was justified in excluding your child. Their views should go on your child's school record. (You can ask for your written case to go on your child's record too. The governors must agree to do this).
3.13 If your child is still out of school, the governors
- Should consider whether the Head has followed the exclusion procedure and the exclusion guidance
- Must decide whether to reinstate your child and when
- Should ask what support the LA can give towards reintegration.
If the governors think you need support with your child's behaviour, they may ask you to sign a parenting contract between you and the school. Your agreement must not be made a condition of your child's return to school.
4. Permanent Exclusions
4.1 What the Social worker should do
See Table 12: Permanent Exclusions
- work in partnership with carer, designated teacher, other school based workers (Learning Mentors, Teaching Assistants )and other agencies;
- make appropriate arrangements to collect and return work for marking. The young person is entitled to work provided by the school;
- ensure that the young person has access to a library, a computer and relevant software and any equipment or materials that are needed to allow continuity in education is available:
- contact the Children in Care Education Officer to discuss the situation;
- attend the meeting, details for which will be sent to you;
- be fully prepared to act as an advocate by following the advice as above for fixed term exclusions, presenting all the facts as seen by the child, appropriate personal history and full academic record;
- be able to present evidence of any discriminatory practices you may believe to be operating
- await the committee's decision within 24 hours of the meeting.
4.2 What the school should do
See Table 11: What the School should do
5. Appeals by the Social Worker Against an Outcome of an Exclusion Procedure
5.1 Fixed term Exclusion Appeal
An appeal can be made by the Social worker.
- state your case to the School's Governing Body Discipline Committee
- contact the Children in Care Education Team
6. Exclusion Facts
6.1 School Governing Body's Discipline Committee
- must meet if exclusion is for MORE than 5 days in ONE term
- must review the exclusion
- will invite you to a meeting to listen to:
|
|
- Your View
- The Head teacher's View
- The LA's view
|
- a decision will be taken to EITHER:
|
|
- Reinstate or
- Uphold the exclusion
|
This can be done retrospectively.
7. Permanent Exclusion Appeal
7.1 A social worker can appeal against a decision to exclude
The appeal goes to xxxxx - text to follow
7.2 Independent Panel
- The exclusion letter should give further details on this procedure;
- The independent panel works in partnership with teachers and School.
A permanently excluded young person may go to another school.
The LA has a responsibility to provide SUITABLE education for an excluded young person.
- the LA Education Officer MUST be contacted by you to arrange a meeting where OPTIONS for your child's education will be discussed.
1. Fixed period exclusion.
- These exclusions are usually for a short period and can include lunchtime exclusions.
- The pupil must return to school after the exclusion period has expired.
- In cases of more than a day's exclusion, work should be set and marked by the school.
- The law allows head teachers to exclude a pupil for up to 45 school days in any school year.
- From September 2007, all maintained schools, Academies, CTCs and LAs for PRUs will be required to provide suitable, full-time education from, and including, the sixth day of any period of fixed-period exclusion of six days or longer.
2. Permanent exclusion.
- This is also known as expulsion.
- This means the pupil cannot return to the school unless reinstated by the governing body or by an appeal panel.
- If a pupil is permanently excluded from school, their local authority (LA) has a duty to provide him with suitable education. This may be provided in another school, in a Pupil Referral Unit or by way of home tuition.
|
| Exclusion should not be used for: minor incidents such as not doing homework or not bringing dinner money; poor academic performance; lateness or truancy; pregnancy; breaking school uniform rules or rules on appearance including jewellery, body piercing or hairstyle (except possibly where persistent and in open defiance of these rules and when all other avenues have been exhausted); the behaviour of parents; parents' refusal to come to a meeting. Exclusion should not be used for breaking the home-school agreement - the incident itself should justify the exclusion. |
Letters from the School about Fixed term and Permanent exclusions should explain:
- why the head teacher decided to exclude the pupil and the steps taken to try to avoid exclusion;
- the arrangements for enabling the pupil to continue their education, including setting and marking the pupil's work;
- the carer/parent's right to state their case to the Governing Body's Discipline Committee;
- who the carer/parents should contact if they wish to state their case (usually the Clerk to the Committee);
- the latest date the carer/parent can put a written statement to the Discipline Committee;
- the carer/parent's right to see their child's school record;
- if the exclusion is for a fixed period, the length of the exclusion and the date and time the pupil should return to school;
- if the exclusion is for lunchtimes only, the length of the exclusion (normally no more than five school days) and the arrangements for providing a meal for any pupil entitled to free school meals;
- if the exclusion is permanent, the date the permanent exclusion takes effect, and details of any relevant previous warnings, fixed period exclusions or other disciplinary measures taken before the present incident;
- the name and telephone number of a contact at the LA who can provide advice on the exclusions process and the telephone number for the Advisory Centre for Education (ACE) helpline (020 7704 9822).
All correspondence should be in plain English and where necessary translated into the appropriate language if there are carer/parental difficulties with English and avoid unnecessary jargon. Exclusion cases should be treated in the strictest confidence. |
Ask your child what happened. Try to do this as soon as possible. Write down or tape what they say. Then go back to the beginning and question them closely. Questions you could ask your child:
- "Show me exactly where you were."
- "Where was everyone standing?"
- "Did anything lead up to this?"
- "What exactly did the teacher say?"
Write the details of your child's answers out fully.
Now check: was this a serious breach of the school's behaviour/discipline policy? This is most important.
What do others say?
- Look at what the Head and says
- Look at what other people say. Were statements taken from your child and witnesses? You should be sent all the statements that the Head took into account when deciding whether to exclude
- Will anyone support your child's story? Try to get a statement from them with clear details
- If there are important disagreements between the statements, mark them. Has there been a misunderstanding?
- Do the words used by others accurately describe what happened?
Add all the main points to your case. If your child now wants to apologise for something they could do so in writing. |
GROUPS AT RISK
Children who are: in care (looked after);
Children who: Have changed schools; have Special Educational Needs including emotional and behavioural difficulties. |
- Pupils who have had several fixed period exclusions or are in danger of permanent exclusion or disaffection should have a Pastoral Support Programme (PSP) to help them manage their behaviour.
- The Exclusions Guidance suggests action that schools can take to reduce exclusions. It is important to be especially sensitive in relation to exclusions where looked after children are concerned. Every practicable means should be tried to maintain the child in school. Local authorities, alongside head teachers and teachers in charge of Pupil Referral Units, governing bodies and Independent Appeals Panels, must have regard to statutory guidance Improving Behaviour and Attendance: Guidance on Exclusion from Schools and Pupil Referral Units Sept 2006
- Think carefully about your child's behaviour and talk to your child. Has the school tried to help your child manage their behaviour better with anger management training, a mentor etc.? Do staff need advice on dealing with your child's behaviour? Schools generally have access to behaviour specialists.
|
| In schools, race relations' law covers the need to get rid of unlawful racial discrimination and to encourage equality of opportunity and good relations between people of different racial groups. This applies, among other things, to discipline and exclusion. Schools must also have a race equality policy and monitor how policies affect different racial groups.
If you feel that your child's exclusion was linked in some way to their racial group, the Race Relations Act might apply. Concerns about these issues can be referred to the Commission for Racial Equality complaints team.
If you feel that your child's exclusion was linked in some way to their disability, the Disability Discrimination Act might apply. Claims regarding disability discrimination in relation to fixed period exclusions are decided by the Special Educational Needs and Disability Tribunal (SENDIST). More information is available from the Disability Rights Commission helpline.
Check the school's behaviour policy, which must include bullying and should include harassment.
If you feel bullying, discrimination or harassment were involved in your child's exclusion, explain why |
- Exclusion should not be used if alternative solutions are available, for example:
- Using a restorative justice process, which allows the pupil to put right any harm done
- Mediation - a trained person helps sort out any conflict between your child and others or a teacher
- Internal exclusion (also known as internal seclusion) to somewhere else within the school with appropriate support, or moving to another class on a temporary basis. Internal exclusion may continue during break periods.
Social workers, carers and parents should not be pressured into removing their children from school under threat of a permanent exclusion. |
| I have explained why I feel the school, without good reason, has not acted in line with some of the government Guidance on exclusion or Circular 10/99. I have marked this on pages {insert numbers}. {Say how this affected your child's exclusion}.
I understand that a child should only be excluded for a serious breach of the discipline policy and if they seriously harm the education or welfare of themselves or others, and that exclusion should not be used if there is an alternative solution. In my child's case this was:
- not a serious breach of the school's discipline policy
- (s)he would not seriously harm the education or welfare of themselves or others in the school
- there was an alternative solution. (Give examples).
I also disagree with my child's exclusion or feel it is too long because (s)he (add your main points and give brief details, for example):
- Did not do what (s)he is accused of...
- Did something that should not lead to exclusion...
- Was affected by bullying and/or harassment...
- Has special educational needs but is not getting all the help that (s)he needs...
I also feel that:
- There may have been misunderstandings
- The exclusion is not for the shortest time necessary and/or is harmful to my child...
|
WHO WILL BE AT THE MEETING?
- Generally three or five governors who make up the governors (none should have any involvement which could make them biased). In some schools it could be the whole governing body
- A clerk to take notes and advise the governors on procedure
- An LA representative will be invited to give their comments, but is unlikely to attend for short exclusions
- The Head to put their case
- Possibly, witnesses.
HOW WILL THE MEETING BE RUN?
You should be told the order beforehand. Usually the case against your child is put first so you can reply to it. You should be sent any statements beforehand. For fairness if the Head brings new evidence or papers ask for a break to read them, or for the meeting to be rearranged. You should be able to put your case without interruption. The Head should not be with committee when you are not there.
Read out your full case including the summary before giving it out. If at the end of the meeting you are asked to "sum up", you can read your summary out again. You could add any important new points. |
- head teacher must notify the Education Officer (Pupil Services) at the LA and the Clerk to the Governing Body Discipline Committee (name available from school) that the young person has been permanently excluded;
- the Committee must meet within 3 school weeks;
- details of the meeting will be sent to you;
- you must as the child's Social Worker, be invited to attend to give your views;
- the Head teacher will be present at the meeting to give reasons for the exclusion;
- make a decision within 24 hours of the meeting
|
| Permanent Exclusion from School
Schools must have a discipline/behaviour policy, which should include the order of severity of their punishments.
Schools should set and mark work for the first 5 school days of the exclusion. After that, the local education authority (LA) should provide full-time suitable education.
An independent appeal panel of three or five members is set up by the LEA and must include a set number of past or present Head teachers and governors. |
End
