FAQs on ExclusionWhat is an exclusion?
An exclusion is when a Head teacher has decided to send a pupil home from school as a disciplinary measure. There are two types of exclusion:
Fixed term exclusion
This is when a Head teacher telephones you to tell you that you must keep your child at home for a fixed number of school days. This is followed up by a letter. By law a fixed term exclusion cannot be more than 45 school days in any one school year. When a fixed term exclusion takes place, the letter from the Head teacher must give the date and time when the exclusion begins, and the date when your child is expected back at school. The letter must also provide the reason for the exclusion, the specific dates when your child is not allowed in a public place (first five days), details of the homework which will be set and how to return it for marking. The letter should tell you of your right to appeal to a Pupil Discipline Committee hearing and who to contact from the school / Local Authority or local community group. If the exclusion is longer than five days then the letter should let you know of the supervised full time education being offered by the school from day six. There should also be a date for a reintegration interview for all primary age children, and for all exclusions of 6 days or more.
Permanent exclusion
This is when a Head teacher telephones you to tell you that your child will be taken off the school roll. This is followed up by a letter. When a permanent exclusion takes place, the letter from the Head teacher must give the day, date and time when the exclusion begins. They must provide: the reason for the exclusion, the specific dates when your child is not allowed in a public place (first five days), the work which will be set and how to return it, the right to appeal and who to contact from the school / Local Authority or local community group, your right to have a friend or representative with you at an appeal, your right to see a copy of your child’s school records, the supervised full time education being offered by the Local Authority from day 6 and the time limit that the governors of the school have to hear an appeal (15 days).
Who can exclude my child from school?
By law only the Head teacher can exclude your child. If the Head teacher is off the school site, the most senior teacher in charge can exclude your child. However, they should make it clear that they are acting in the Head teacher’s absence.
What happens once my child is excluded?
Exclusions up to five days in any school year
Governors of the school must consider any appeal, and if they choose to, hold a Pupil Discipline Committee meeting if you request one (lunchtime exclusions must be recorded as a half day). Work will be set by the school whilst your child is excluded.
Exclusions over five days but no more than 15 days in any one term or school year
Governors of the school must consider any appeal, and hold a Pupil Discipline Committee meeting if you request one, between the 6th and 50th day. For the first five days work will be set by the school whilst your child is excluded. Full time supervised education will be provided by the school from day six of the exclusion.
Exclusions over 15 days
The clerk to the Pupil Discipline Committee will tell you that a meeting will be held. You and your child will be invited to this.
They must send you the school’s report about the exclusion at least five days before the Pupil Discipline Committee meeting. Governors of the school must hold a Pupil Discipline Committee meeting between the sixth and 15th day. Governors must invite the parent, Head teacher and LA officer to attend.
For the first five days work will be set by the school whilst your child is excluded. Full time supervised education will be provided by the school from day six of the exclusion.
Any following fixed period exclusion(s) of your child in the same term would again mean the governors will consider the exclusion.
Permanent exclusion
The clerk to the Pupil Discipline Committee will tell you that a meeting will be held. You and your child will be invited to this.
They must send you the school’s report about the exclusion at least five days before the Pupil Discipline Committee meeting. Governors of the school must hold a Pupil Discipline Committee meeting between the 6th and 15th day. Governors must invite the parent, Head teacher and LA officer to attend.
For the first five days work will be set by the school whilst your child is excluded. Full time supervised education will be provided by the Local Authority from day six of the exclusion.
How can I prepare myself for the meeting?
Before the meeting, the clerk should send you a copy of the Head teacher’s report and any evidence the school is going to rely on. This should give you time to prepare your response.
Who can I bring with me to the meeting?
The governors would normally welcome your child at the meeting and encourage them to speak as it helps them to make a decision on the exclusion. This is usually more appropriate for older primary school or secondary school age children. If your child is younger they may still attend but might need help to put their views forward.
You may take a relative, a friend or a legal representative. If you are taking more than one friend with you, you should ask the clerk beforehand so that the meeting is limited to a reasonable number.
If you have other children, we would advise you to arrange child care for them.
What should I do if I can’t attend?
You should make every effort to go to the meeting as this could affect the outcome. If you can not attend, you should send a written statement of your views.
If there are exceptional circumstances (for example, a medical emergency), you should let the clerk know beforehand as the committee may agree to rearrange the meeting.
Can an exclusion be extended?
The Governors at the Pupil Discipline Committee can not extend the exclusion. The Head teacher may decide to extend the fixed term exclusion under exceptional circumstances before the appeal hearing has been arranged. The Head teacher may also convert the fixed term exclusion to a permanent exclusion, under exceptional circumstances, before the appeal hearing has been arranged. In both cases the Head teacher must write to you with their decision.
Who will be at the meeting?
- The Pupil Discipline Committee (usually three or five governors) one of whom will chair the meeting.
- The clerk to the Pupil Discipline Committee, who will take notes of what goes on at the meeting and give advice.
- The Head teacher and other school staff, such as the Head of Year.
- A Local Authority representative for exclusions (if the exclusion is permanent or over ten days).
- A social worker if you have one.
What will happen at the meeting?
The chair should introduce all those present and explain their roles. He or she should explain the procedure to be followed at the meeting.
The school
- The Head teacher and school staff set out the case for the exclusion.
- You, your representative, your child, the governors and the Local Authority have the opportunity to ask questions.
The parent
- You, your representative and your child put forward your case.
- Any agencies who are involved with you or your child present reports.
- The school, the governors and the Local Authority have the opportunity to question you.
Summary
- The school may sum up their case
- You may sum up your case
- The Local Authority representative sums up and comments on how other schools in the borough deal with similar incidents
The Pupil Discipline Committee
- Everyone leaves, apart from the governors and the clerk
- Governors discuss and make their decision
- You will receive a letter informing you of the decision within one school day
If my child is being excluded for a fixed term, how can I help them settle back?
Think about why your child is having difficulty in school. If the school is not aware of something that is affecting your child, you should let them know.
The school must invite you to a statutory reintegration meeting if your child has been excluded from a primary school for any length of time, and from a secondary school for 6 days or more. The school should create a Pastoral Support Programme (PSP) and might carry out a Common Assessment Framework (CAF) if there have been multiple fixed term exclusions. The school may set up a Team Around the Child (TAC) meeting to look at the support for your child and with all of these interventions you should make every effort to attend all of the meetings.
It is very important for your child to see that you and the school are working together.
What if my child is due to take an examination?
If any exclusion would result in your child missing an examination, the governors should try to meet before the date of the examination. If, exceptionally, it is not practical for the governors to meet before the time when your child is due to take the public examination, the Chair of Governors – using his or her powers to act in an emergency – may consider the exclusion and decide whether or not to send your child back to school. You still have the right of appeal. In some cases, the governors may decide to allow your child on the premises to take the examination, however there is no automatic right.
Who will provide my child with work during the exclusion?
The school must set work and arrange to mark it. The school can post work to you, or you can collect it. You should arrange with the school on the best arrangement for you to make sure your child’s education continues.
What will happen after the meeting?
The clerk to the pupil Discipline Committee will How do I appeal against the Governors’ decision?
You can appeal against the permanent exclusion of your child, but not against a fixed term exclusion. You must send your appeal to the Local Authority who will send it to the Independent Appeal Panel. You must do this within 15 school days of the date on the decision letter. If you fail to meet this deadline, you will not be able to appeal.
You will be informed by the Independent Appeal Panel of the time and the place for the appeal to be heard.
The Independent Appeal Panel will:
- Consider your appeal which can be spoken or written
- Hear the case from the Head teacher and the governors
- Judge whether the decision to permanently exclude your child was reasonable in the circumstances
- Listen to the statement the Local Authority makes
- Take account of government guidance on exclusion
- Either decide to uphold the decision to exclude or
- Send your child back to school straight away or at some future date or
- Agree with your appeal but decide that because of exceptional circumstances or other reasons it is not practical to send your child back to the same school. In this case you will be asked to state a preference for a new school, and the LA has the responsibility to ensure your child continues his/ her education.
If you are unhappy with the decision because you feel that the procedures followed were not correct, you can appeal to the Local Government Ombudsman who might advise the Independent Appeal Panel to rehear the case.
If you feel that the decision was unreasonable you may apply to the High court for a judicial review. This must be done no later than three months from the date of the decision. They could advise that a new panel will rehear the case.
What happens if I can not go to the appeal?
It is important for you to go the appeal, but you can decide not to. In that case, the appeal panel will consider your written statements and they will tell you the decision by post. If an emergency has happened which means you can not go, you should contact the Local Authority to explain why and ask if the independent appeal panel will consider postponing the appeal to another day.
If my child is permanently excluded, how can I find a new
school?
If your child has received a permanent exclusion then they will be invited by Southwark Local Authority to an interview at Southwark Inclusive Learning Services (SILS) who will provide your child with full time education from day six following the exclusion date. Your child will be assessed for their readiness to return to mainstream schooling. Mainstream schools will take account of this assessment before agreeing to place your child on roll with them.
What happens if this is my child’s second permanent exclusion?
Schools do not have to give a place to a child who has been permanently excluded from two or more schools in the last two years. In this case the Local Authority will provide alternative education.
What about equal opportunities?
We promote equal opportunities in education and challenge any racism or sexism in the education service. As part of this policy, we collect details of the number of pupils excluded by age, sex and ethnicity. This helps to make sure that any school which appears to be excluding pupils disproportionately looks closely at its systems of pastoral support and discipline.
Where can I go for further advice?
Helen Dunlea
Social Inclusion Team Manager
helen.dunlea@southwark.gov.uk
Adrian Eaves
Pupil Inclusion Coordinator
adrian.eaves@southwark.gov.uk
Southwark Education
John Smith House
144-152 Walworth Road
London SE17 1JL
Phone: 020 7525 2689/2693
Useful contact
If you would like more advice, you can contact the following:
Advisory Centre for Education (ACE)
1c Aberdeen Studios, 22 Highbury Grove, London, N5 2DQ
General advice line
Freephone 0808 800 5793 (Monday to Friday 10am to 5pm)
Exclusions lnformation line
Tel: 020 7704 9822 (24hr answer machine) - Free advice pack if your child has been excluded from school.
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