Schools can exclude pupils who break the school rules. All schools must have a behaviour policy setting out what the school rules are and this must be published on the school website. The decision to exclude a pupil must be lawful, reasonable and fair.
An exclusion means that a child is not allowed in school or on the school grounds.
Pupils can be excluded (also called being “expelled” or “suspended”) by the Headteacher, or senior school staff member on behalf of the Headteacher, where it is appropriate to do so. The exclusion is likely to have followed a particularly serious incident or a series of incidents. Pupils can be excluded for behaviour outside school, this may include behaviour on school trips, on the way to and from school and behaviour which may bring the school into disrepute. Cyber-bullying which takes place out of school may also lead to an exclusion. When reaching the decision to exclude a child, the head teacher must apply the civil standard of proof, (i.e. ‘on the balance of probabilities’), which means it is more likely than not that a fact is true, rather than the Criminal standard of proof (i.e. "beyond a reasonable doubt").
Any exclusion of a pupil, even for a short period of time, must be formally and accurately recorded. This includes a letter to parent/s detailing the type of exclusion, the number of schooldays excluded (if fixed term), the reasons for having made the exclusion, and parent/s' rights to challenge the exclusion.
Pupils can only be excluded for disciplinary reasons: they cannot be excluded because a school, pupil referral unit (PRU) or academy cannot meet their needs or for something which their parents did or did not do.
‘Informal’ or ‘unofficial’ exclusions, such as sending a pupil home to cool off or the school putting a pupil on a ‘part-time timetable’, are all unlawful regardless of whether they occur with the agreement of parents or carers. Children should not be asked to stay at home because the school can't provide for their special educational needs or to get them out of the way during an inspection. However, in very exceptional circumstances, with the agreement of parents, a temporary part-time timetable may be used to meet a pupil's individual needs, for example, where a medical condition prevents full-time attendance. A part-time timetable must not be a long-term solution, must have clearly set date for review (at least every 6 weeks) or for when the child will be back in full-time attendance at school. A part-time timetable must not be used as a disciplinary measure.
Please see Torbay Council information on Exclusions for more information.
Fixed term exclusions
A fixed term exclusion is for a specific period of time.
Most fixed term exclusions are for short periods of 5 days or less but they can be for longer. A pupil may be given one or more fixed term exclusions in a single Academic year (up to a maximum of 45 school days).
Pupils whose lunchtime behaviour is disruptive may be excluded from the school premises for the duration of the lunchtime period. An exclusion that takes place over a lunchtime would be counted as half a school day. The legal requirements relating to exclusion, such as the head teacher’s duty to notify parents, apply in all cases.
The law does not allow for a fixed term exclusion to be extended or converted into a permanent exclusion. In exceptional cases, usually where further evidence has come to light, a further fixed term exclusion may be issued to begin immediately after the first fixed term exclusion ends; or a permanent exclusion may be issued to begin immediately after the fixed term exclusion ends.
During a fixed term exclusion, parents must make sure that the excluded child is not present in a public place during school hours, unless there is a reasonable justification. Even though the excluded child is not allowed in school, they still should still be receiving education. Schools should take reasonable steps to set and mark work for pupils during the first five school days of an exclusion; and, if the exclusion is for more than 5 school days, alternative provision must be arranged from the sixth day.
Parent/s who disagree with the exclusion have the right a to put their views in relation to the decision to exclude (make representations) to the School governors. The governors must consider representations.
Schools should have a strategy for reintegrating a pupil who returns to school following a fixed term exclusion and for managing their future behaviour. This may include a reintegration meeting with the child and their parent/s.
Please see Torbay Council information on Exclusions for more information.
Permanent exclusions
A permanent exclusion means that the child is no longer allowed to attend the school and their name will be removed from the school roll after the board of governers have agreed with the decision.
A decision to exclude a pupil permanently should only be taken:
“in response to a serious breach or persistent breaches of the school’s behaviour policy; and where allowing the pupil to remain in school would seriously harm the education or welfare of the pupil or others in the school”.
Examples of a serious breach would be serious or threatened violence, sexual abuse or assault, supplying an illegal drug or carrying an offensive weapon.
A head teacher could also lawfully exclude a child for repeated and persistent breaches of the school’s behavioural policy which is part of their wider patten of behaviour, even if the offence that has immediately led to the exclusion would not have normally constituted a serious enough breach on its own.
The School governors must meet within 15 school days of the exclusion being issued to consider the exclusion. Parent/s must be invited to attend the meeting and put forward thier views. Whether or not parent/s attend the meeting, the governors must let parent/s know the outcome and the reasons for their decision in writing without delay.
If parent/s are unhappy with the governing board's decision not to reinstate a permanently excluded pupil, within 15 school days of that decision parent/s have a right to order to ask for an independent review panel meeting. The independent reviewing panel’s role is to review the decision of the governing body to check that it was properly made. The independent reviewing panel may ask the governing board to reconsider their decision, but are not able to order the school to reinstate the excluded pupil.
There are certain groups of pupils with additional needs who are particularly vulnerable to exclusion. This includes pupils with an Education, Health & Care Plan (EHCP) and ‘looked after’ children.
Sometimes children with special educational needs can show poor behaviour because they are feeling frustrated in their learning. They may also have emotional difficulties or a disability which affects the way they behave. Before excluding a child with SEN, the school should look first at what additional support is needed or whether a different school would be more suitable. If your child has an Education Health Care (EHC) Plan then the school should consider bringing forward the annual review or holding an emergency interim review.
National guidance states that,
"Early intervention to address underlying causes of disruptive behaviour should include an assessment of whether appropriate provision is in place to support any SEN or disability that a pupil may have. The head teacher should also consider the use of a multi-agency assessment for a pupil who demonstrates persistent disruptive behaviour. Such assessments may pick up unidentified SEN but the scope of the assessment could go further, for example, by seeking to identify mental health or family problems."
Headteachers should, as far as possible, avoid permanently excluding children with EHC plans. If a child has an Education Health Care (EHC) Plan then the school should consider bringing forward the annual review or holding an emergency interim review.
During a permanent exclusion, parents must make sure that the excluded child is not present in a public place during school hours, unless there is a reasonable justification. Even though the excluded child is not allowed in school, they still should still be receiving education. Schools should take reasonable steps to set and mark work for pupils during the first five school days of an exclusion; and the Local Authority must arrange alternative provision from the sixth day. Initially this may be a place in a pupil referral unit or other alternative provision until a new school place is secured.
Please see Torbay Council information on Exclusions for more information.