Types of exclusion
There are 3 types of exclusion from school:
- suspension for 15 school days or less, including lunchtime exclusions where 1 lunchtime is counted as half a day in exclusion terms
- suspension for 16 to 45 school days
- permanent exclusion
Rights of representation
The school’s or academy’s governing board has a duty to consider any representation parents may wish to make for exclusions of up to 15 school days per term, but they can’t overturn any suspension of less than 6 school days and are not actually required to sit to consider a suspension of this length. For suspensions longer than 15 days per term and permanent exclusions, governing bodies must arrange a meeting to consider the matter. The governing board is able to uphold the exclusion or direct re-instatement.
Education during suspension
Suspension from school does not mean exclusion from education. Emphasis is placed on the requirement for parents or carers, schools and governing boards to ensure that pupils are engaging in education during periods of suspension. For the first 5 school days of suspension, parents are legally required to ensure that their child is not present in a public place during school hours without reasonable justification and may be given a fixed penalty notice or prosecuted if they fail to do so. Parents should make arrangements to ensure that adult supervision and an appropriate place to complete school work is available. Schools and academies are required to supply work to be completed during this time.
For suspensions longer than 5 school days the school is required to make arrangements for the child to receive appropriate full time provision, generally off site from the 6th school day. The duty to ensure this is in place rests with the school or academy governing board.
The majority of suspensions are issued for 5 days or less. Maintained schools have the power to direct a pupil off-site for education to improve his or her behaviour.
Education following a permanent exclusion
From the 6th day of permanent exclusion, the responsibility falls to the Local Authority to make appropriate arrangements.
A permanent exclusion means that it is not anticipated that the child will return to that school or academy.
It is expected that if an alternative school is not agreed, a place at a Pupil Referral Unit or at Alternative Provision would be made available.
Pupils with EHCPs are subject to the same Behaviour and Exclusion policies, although it is expected that in most cases there would be an Annual Review meeting held if exclusion was a possible course of action to be taken.