Exclusions Guidance

Exclusions Guidance Guidance for those with legal responsibilities in relation to exclusion (2012) relates to: • Education Act 2002, as amended by Education Act 2011 • School Discipline (Pupil Exclusions & Reviews) Regulations 2012 • Education and Inspections Act 2006 • Education (Provision of full-time education for excluded pupils) (England) Regulations 2007

Headteacher responsibilities • Only a HT can exclude • Exclusion must be on disciplinary grounds • Can exclude for fixed periods (up to 45 school days in academic year) or permanently • Lunchtime exclusions must be recorded as half day exclusions • May consider behaviour outside school

Key Points • The decision to exclude a pupil must be lawful, reasonable and fair • HT and governors must take account of their statutory duties in relation to special educational needs and take into account contributing factors when administering the exclusion process. • It is unlawful to exclude or increase the severity of an exclusion for a non-disciplinary reason.

School/Academy • Inform parents that day with plan for provision of full-time education • Inform parents in writing of details of exclusion, period of exclusion, their right to make representations to the governing body and their right to attend the disciplinary hearing, supported if necessary

School/Academy • Must inform the governing body and LA without delay of: • Permanent exclusions (including fixed becoming permanent) ie copy of letter to parents • Fixed term resulting in more than 5 days in a term • Exclusions which would result in pupil missing public exam or national curriculum test

Communication • RMBC requires schools to complete an EX1 form for all fixed-term exclusions – and submit termly to RMBC if less than 5 days in a term, and submit without delay if more than 5 days in a term to RMBC and governors • RMBC requires schools to complete an EP1 form for permanent exclusions – and submit preferably within 48 hours to RMBC, governors and parents.

RMBC • Contacts parent/carer on receipt of letter from school • Uses EP1 and evidence to help plan for 6th day provision (1st day in the case of Looked-After-Children)

Permanent exclusion • Permanent exclusion must be a last resort • Written evidence of strategies used to avoid permanent exclusion must be provided to support the EP1 • RMBC use EP1 and evidence to write LA statement for Disciplinary Hearing

Governors • Has duty to consider parents’ representations about an exclusion • May delegate function to a sub-committee • Must consider the reinstatement of an excluded pupil within 15 days for px, fx of 15 days in one term, or at risk of missing public exam.

Governors • Must invite parents and HT to meeting of governing body (Disciplinary Hearing) and allow to make representation • Must invite LA if maintained school/PRU • Can invite LA if Academy but does not have to • Must ensure time and date are convenient for all • Must not discuss the exclusion with any party outside of the meeting

Governors • Must ask for written evidence in advance of the meeting and must, where possible, circulate written evidence and information to all parties at least five school days in advance of the meeting • Encourage excluded pupil to attend (age-related) • Allow parents/pupils to be accompanied • Make reasonable adjustments to support attendance at meeting

Governors • Must notify parents, HT and LA, without delay of their decision in writing • Must make parents aware of right to appeal (through Independent Review Panel/First-Tier Tribunal). • Draw parents’ attention to other sources of guidance

Unlawful practice • It is unlawful for schools to send pupils home at any point during the school day for behaviour reasons without recording it formally as an exclusion – these are illegal exclusions • Part-time timetables are unlawful unless used in very specific circumstances for a clearly defined period of time with frequent reviews.

Do you know? • What your school behaviour policy says? • What does your school put in place for pupils that are struggling to cope? • Are wider services and other agencies brought in to help before crisis? • What other options are available? • If your school sends pupils home ‘unlawfully’ • If your school operates part-time timetables?

Exclusions Guidance