Exclusion
An Explanation of Exclusion Processes for Parents What is an exclusion?
A pupil who is excluded from school is not allowed to go to school from the time the exclusion is made.
There are three types of exclusion:
- a lunchtime exclusion;
- a fixed term exclusion;
- a permanent exclusion.
Exclusions are only used as a last resort, when all other reasonable steps have been taken, and when allowing the pupil to stay in school would be harmful to the education or welfare of the pupil or others. Reasonable steps would include sanctions, interviewing the pupil and parents, identifying SEN, working out agreements with the pupil and parents, giving a formal warning and withdrawing from class. A Pastoral Support Programme may also be introduced.
Who can make an exclusion?
An exclusion can only be made by a headteacher, or in his / her absence, a deputy headteacher. If the headteacher is making an exclusion (s)he must:
contact the pupil’s parents, giving reasons for making the exclusion;
send a letter to the pupil’s parents explaining:
- the type of exclusion;
- the reason for it;
- the parents’ right to state their case to the governing body’s discipline committee, and how to do this;
- the right to see their child’s school record;
- arrangements for the setting and marking of school work.
What is a lunchtime exclusion?
This is a temporary exclusion that takes place at lunchtime only but counts as one half day. The pupil would be expected to return to school for the afternoon session.
What is a fixed term exclusion?
This is a temporary exclusion, which cannot be more than 45 days in one school year.
What is a permanent exclusion?
This means that the pupil cannot return to a particular school, unless:
- after the parents have presented their case to the school’s discipline committee they decide the pupil can return to school;
- the Independent Appeal Panel decide that the pupil can return.
Who else must be informed when an exclusion takes place?
If a fixed term exclusion lasts for more than 5 days, or if a pupil would miss taking a public examination or if the exclusion is permanent, the headteacher must also inform:
- the governing body’s discipline committee;
- the Local Education Authority.
What happens after parents receive a letter from the headteacher saying that their child has been excluded?
Permanent exclusion
Parents will be invited to attend a discipline committee meeting which will take place between 6 and 15 days after the exclusion.
Fixed term exclusion / lunchtime exclusion
For a fixed term exclusion of 5 days or less parents can make representations to the school’s discipline committee.
For a fixed term exclusion which totals between 6 and 15 school days, parents have the right to request a discipline committee meeting which will take place as follows: the meeting will take place any time between 6 and 30 school days after the exclusion.
For a fixed term exclusion which totals over 15 days the discipline committee will have to meet between 6 and 15 days after the exclusion and parents will be invited.
What happens at this meeting? There will be up to 5 governors on the discipline committee, possibly a representative from the LEA, and someone to clerk the meeting. The headteacher will give his / her version of why the pupil was excluded and then any witnesses to the incident(s) will be called. Next, the parents may explain why their child should not have been excluded. Parents should prepare their evidence before the meeting and write down any questions they want to ask the headteacher. Parents can also call witnesses. Parents can take a Named Person with them to the meeting, to support them and take notes. The headteacher will then sum up as will the parents. Parents should give copies of their written evidence to the headteacher and the clerk before they leave the meeting. What about the decision? The discipline committee will decide if they agree with the exclusion. Parents will be informed by the clerk of the decision and sent a letter confirming the decision. Permanent exclusion If the school’s discipline committee uphold the permanent exclusion, the parents may appeal to an Independent Appeals Panel. Appeals must be lodged within a 15 day timescale. Parents will be informed of the final date for appeal. Fixed term exclusion / lunchtime exclusion There is no right of appeal to an independent panel. What happens at the Independent Appeal Committee meeting? The meeting will normally take place at the Town Hall. Those entitled to attend the hearing and present their case are: - the parent, who may be represented by a legal or other representative;
- the headteacher;
- a nominated member of the discipline committee;
- a nominated LEA officer;
- a legal or other representative of the discipline committee.
The decision of the Independent Appeal Panel is final.
If parents are successful they can:
Ask for a meeting with the headteacher and their child before s(he) returns to school.
The remit of the panel does not include ‘clearing the pupil’s name’; details of an exclusion may not lawfully be deleted from a pupil’s record. However, the Governing Body must comply with any parental request to attach their appeal statement to the pupil’s record.
If parents are not successful they can:
- find a new school for their child, the Education Welfare Officer can help parents to do this;
- accept advice and support from the LEA’s Behaviour Support Service who can provide individual education and support programmes for the excluded pupil.
Remember:
If a new school has a vacancy, the pupil cannot be turned down just because (s)he has been excluded. However, if the pupil has been permanently excluded from two or more schools, the new school may refuse to accept him or her.
The LEA can take over parental rights if the pupil has been permanently excluded from 2 or more schools.
The whole process for permanent exclusion must be finished within 45 school days.
If a parent decides not to appeal against a permanent exclusion,it is important to inform the LEA as soon as possible to allow the process of re-integration to begin.
For further information please contact:
Education Welfare at Thompson House 533523.
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