Article: Exclusion of pupils from school Article Body Exclusion of a pupil from school is 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. There are four sets of circumstances in which individual pupils may be required to leave the school site, namely where: there is sufficient evidence that a pupil has committed a disciplinary offence. In these circumstances the pupil may be excluded for a fixed period or permanently a pupil is accused of a serious criminal offence but the offence took place outside the school's jurisdiction. In these circumstances the headteacher may decide that it is in the interest of the individual concerned, and of the school community as a whole, for that pupil to be educated off site for a certain period. ( Paragraphs 31 -33 of the guidance on exclusionsdeals with these circumstances) for medical reasons, a pupils presence on school site represents a serious risk to the health or safety of other pupils or school staff. ( Paragraph 34 of the exclusions guidancedeals with these circumstances) the pupil is given permission by the headteacher, or person authorised by them, to leave the school premises briefly to remedy breaches of school rules on appearance or uniform; this should be no longer than is necessary to remedy. ( Paragraph 26 of the exclusions guidance deals with these circumstances) A pupil who is excluded from school is not allowed to go to school from the time the exclusion is made. If a pupil is found in a public place during the period of exclusion without reasonable justification, this could result in a fixed penalty fine being issued to the parents. There are three types of exclusion: a lunchtime exclusion a fixed term exclusion a permanent exclusion. A fixed term exclusion is a temporary exclusion, which cannot amount to more than 45 days in one school year. What happens when a pupil is excluded 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 during the exclusion period. If a fixed term exclusion lasts for more than five days, the headteacher must make available alternative, full time provision from the sixth day. If a pupil would miss taking a public examination, the headteacher must also inform the governing body and the local authority. For a fixed term exclusion of five days or less, parents can make representations to the governing body. The governors must consider the case. If they disagree with the exclusion, they cannot overturn it, but can attach this fact to the student's record. For a fixed term exclusion which totals between six and 15 school days, parents have the right to request a meeting with governors. The meeting will take place any time between six and 50 school days after the exclusion. For a fixed term exclusion which totals over 15 days, the governors must meet between six and 15 days after the exclusion. There will be three or five governors at the meeting and a clerk. 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. They're also allowed to 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. Everyone but the governors and the clerk leaves the room while the governors make their decision. Parents will be informed by the clerk of the decision either in person or by phone on the day and will be sent a letter confirming the decision, normally the following working day. Useful links Improving behaviour and attendance: Guidance on exclusion from schools and pupil referral units (PRUs) 2008 DfE guidance on exclusions Legislation Education Act 2002 Education (Pupil Exclusions and Appeals)(Maintained Schools)(England) regulations 2002 (SI 2002/3178) Education (Pupil Exclusions and Appeals)(Pupil Referral Units)(England) regulations 2002 (SI 2002/3179) Disability Discrimination Act 1995 as amended by the Special Educational Need and Disability Act 2001 Race Relations (Statutory Duties) Order 2001 (SI 2001/3458) The Education (Pupil Registration) Regulations 1995 (SI 1995/2089) How to contact us Manager of Inclusion and Strategic Borough Partnerships Behaviour Support Service Inclusion Support Team Springwell Community School St Helen's Boulevard Carlton Barnsley S71 2AY Opening times are Monday to Thursday from 8.30am to 5.00pm and Fridays from 8.30am to 4.30pm. Telephone: 01226 291133 Email: cypf@barnsley.gov.uk Frequently asked questions 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. 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 decides that the pupil can return.