Exclusions - Fixed Term

 

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.

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.

Only in exceptional circumstances can a child be kept from school during school sessions on an 'informal'  basis or parents be asked to keep their child at home for a period of time.

A fixed term exclusion is a temporary exclusion, which cannot be 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 head teacher 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 5 days, or if a pupil would miss taking a public examination, the headteacher must also inform the governing body and the Local Education Authority.

For a fixed term exclusion of 5 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 6 and 15 school days, parents have the right to request a meeting with governors. The meeting will take place any time between 6 and 50 school days after the exclusion. For a fixed term exclusion which totals over 15 days the governors must meet between 6 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. 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. 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 phoning on the day and will sent a letter confirming the decision, normally the following working day.

 

Helplines

 

Behaviour Support Service
Inclusion Support Team
Tel: (01226) 773546

 

Opening Times/Locations

 

Monday - Thursday
8.30 am - 5.00 pm
Friday
8.30 am - 4.30 pm

The Springwell Centre
St Helen's Boulevard
Carlton
Barnsley
S71 2AY

 

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 Act 1976 as amended by the Race Relations (Amendment) Act 2002
Race Relations (Statutory Duties) Order 2001 (SI 2001/3458)
The Education (Pupil Registration) Regulations 1995 (SI 1995/2089)
Guidance on exclusion from school and pupil referral units January 2003, amended March 2004

 

Response Times/Next Steps

 

Parents/carers must be notified as soon as possible by phone on the day of the decision to exclude and in writing normally the following working day.

Governors will meet between 6-50 days after the incident for exclusions under 15 days and between 6-15 days after the incident for exclusions of 15 days or over.

 

Owner Officer Contact Details

 

Jenny Davis
01226 206689

 

Additional Notes

 

 

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.

 

Last modified on 15/9/2008