Exclusions - Permanent

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 three types of exclusion:

• a lunchtime exclusion;
• a fixed term exclusion;
• a permanent exclusion.

A permanent exclusion means that the pupil cannot return to a particular school, unless, after the parents have presented their case to the school's governors they decide the pupil can return to school; or the Independent Appeal Panel decides that the pupil can return. A pupil who is excluded from school is not allowed to go to school from the time the exclusion is made. An exclusion should not normally begin until the next school day.

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.

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's 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 - the school is responsible for the child's education for the first 15 days of the exclusion.

Parents will be invited to attend a governing body meeting which will take place between 6 and 15 days after the exclusion.

There will be three or five governors and someone to clerk the meeting. 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 clerk leaves the room while the governors decide if they agree with the exclusion. Parents will be informed by the clerk of the decision that day either in person or by phone and sent a letter confirming the decision, the following working day.

If the governors uphold the permanent exclusion, parents may appeal to an Independent Appeals Panel. Appeals must be lodged within a 15 school-day timescale. Parents will be informed of the final date for appeal.

If a parent decides not to appeal against a permanent exclusion, it is important to inform the Local Education Authority (LEA) as soon as possible to allow the process of re-integration to begin.

The independent appeals panel meeting will normally take place at the Town Hall. Those entitled to attend the hearing and present their case are:

• the parent, who may be represented by a legal or other representative;
• the headteacher;
• a nominated governor;
• a nominated LEA officer;
• a legal or other representative of the governors.

The decision of the Independent Appeal Panel is final.

If parents are successful they can ask for a meeting with the headteacher and their child before s(he) returns to school.

The remit of the panel does not include 'clearing the pupil's name', details of an exclusion may not lawfully be deleted from a pupil's record. However, the Governing Body must comply with any parental request to attach their appeal statement to the pupil's record.

If parents are not successful they can find a new school for their child - the Education Welfare Officer can help parents to do this or accept advice and support from the LEA's Behaviour Support Service who can provide individual education and support programmes for the excluded pupil. The LEA will provide full-time education for the pupil from day 16 (school days) following the exclusion.

If a new school has a vacancy, the pupil cannot be turned down just because (s)he has been excluded. However, if the pupil has been permanently excluded from two or more schools, the new school appeal against the LEA's decision to place the pupil in their school.

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
CarltonBarnsley
S70 2HS

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 contacted as quickly as possible about an exclusion on the day of the decision to exclude and this must be confirmed in writing the following day.

Governing Bodies will meet within 6-15 days of the start of the exclusion. Parent/carers must be informed of the decision as quickly as possible and this must be confirmed in writing, normally the following working day.

Appeals to the independent appeal panel must be made within 15 school days of the governor meeting.

If an appeal is unsuccessful the Education Welfare Service can support parents in finding another school or alternative tuition.

Owner Officer Contact Details

Jenny Davis
01226 206689

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.