Permanent Exclusion

Permanent Exclusion

Permanent exclusion is the most serious sanction a school can give if a child does something that is against the school’s behaviour policy (the school rules). It means that the child is no longer allowed to attend the school and their name will be removed from the school roll. Permanent exclusion should only be used as a last resort.

Understanding the decision to exclude

There are guidelines about what should be taken into account before excluding a child. This section will help you understand a bit more about exclusions and the process that should be followed

Who can exclude?

Only the headteacher has the power to exclude your child. Other members of staff such as heads of year cannot exclude, though they may provide information to support the head’s decision.

Reasons for exclusion

All exclusions must be for disciplinary reasons only. All schools must have a behaviour policy setting out what the school rules are and this must be published on the school website. Schools vary in what they will permanently exclude for. However permanent exclusion should only happen:

• in response to a serious one-off 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

In practice this means that there are two likely scenarios for a permanent exclusion

• your child has had a history of persistent disruptive behaviour and the school feel they cannot do anymore.
• your child has committed a single serious one-off offence, even if they have never been in trouble before. That might be something like assaulting a pupil or member of staff or bringing a knife or drugs into school. However it is up to each school to define what counts as a serious offence.

Standard of proof

The head’s decision to exclude must be taken on the ‘balance of probabilities’. That means that it is more likely than not that the pupil did what they are accused of. This is not the same as the ‘beyond reasonable doubt’ standard required in a criminal case.

When exclusion is not allowed

It is unlawful to extend or lengthen an exclusion for a non-disciplinary reason such as:

• if your child has special educational needs and the school say it can’t meet those needs. It should look at putting more or different support in place instead.
• if your child is not doing well in school or is not as able as other children. A child cannot be excluded because they are not likely to get good exam results.
• because of something you have done as a parent. That might be something like making a complaint or not going to a meeting at school.
• not allowing a child back into school after a fixed period exclusion unless they meet particular conditions. Once the exclusion is ended your child must be allowed to go back. For example the head teacher can’t extend the exclusion because your child won’t admit they are guilty.

Behaviour outside school

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.

Having a say

Where practical, a head teacher should allow a pupil to present their case before deciding whether to exclude. If this hasn’t happened, find out your child’s version of what happened and send this into school yourself.

Unofficial exclusions

Sometimes schools may ask parents to keep their child at home without excluding them. This is often portrayed as doing the parent and child a favour by not making it official. This is not lawful, even if you agree to it. If the head teacher does not want your child in school for disciplinary reasons they must go through the formal exclusions process.

Unofficial exclusions can easily lead to a child missing considerable amounts of education or even dropping out of the system altogether. It also means that you lose your rights to make representations to the governors or to attend a meeting.

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. If this happens, remind the school that this amounts to an unlawful unofficial exclusion. You may also wish to tell the exclusions officer in your local authority that this is happening.

Children with SEN or disabilities

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.

Headteachers should, as far as possible, avoid permanently excluding children with EHC plans.

Other factors affecting the exclusion

Before deciding to exclude head teachers should take account of factors that may have affected the child’s behaviour. These might be:

• bullying
• mental health issues
• bereavement
• unidentified SEN

Alternatives to exclusion and early intervention

Where children are at risk of exclusion, schools should look at early intervention to address the underlying causes of the poor behaviour.

If a child shows persistent disruptive behaviour, heads should consider a multi-agency assessment. This may pick up unidentified special educational needs but also wider family issues affecting the child. A multidisciplinary assessment may be carried out under the Common Assessment Framework. This is commonly known as a CAF assessment but may be called something different in your local authority. It provides an opportunity for different agencies and services involved with a child to share information, identify needs and agree any actions.   

Vulnerable groups

Some groups are overrepresented in exclusion statistics. These include children with SEN, children eligible for free school meals, children from particular racial groups and looked after children. Headteachers should look at providing extra support to these groups to try to reduce the risk of exclusion.

Looked after children

Schools should work together with foster carers, children’s homes and the local authority that looks after the child to try to avoid exclusion. This might include putting in additional support or looking at whether a different school would be more suitable. If you are a foster carer you have the same rights in education law as other parents if the child you look after is excluded.

Headteachers should, as far as possible, avoid permanently excluding looked after children.

What happens during the exclusion

This section explains what happens once your child is permanently excluded and what the options are for their future education.

What the school must tell you

If your child is permanently excluded, you must be notified in writing without delay.

The letter must tell you:

• the reason for the exclusion
• the fact that it is permanent
• the right to put your views in writing to the governing body
• your right to go to a meeting of the governing body and put your views in person

If your child is of compulsory school age, you must also be told about your responsibilities to keep them at home during the first five days of the exclusion.

If you haven’t had a letter by the end of the first day of exclusion, you should contact the school to check that your child has been formally excluded. You could remind the school that informal exclusions are not allowed.

This may be an opportunity to negotiate with the school for an alternative such as a fixed period exclusion or a managed move to another school.

Keeping your child at home

The first five days

Even though your child is not allowed on the school site, they still should be receiving education. Schools should take reasonable steps to set and mark work for the first five days of any exclusion. If no work has been sent home, contact the school and ask for some. Many schools have work available to pupils on the school website. Any work set should be accessible and achievable to pupils outside school.

During these five days you are responsible for your child’s whereabouts. You must make sure they are not in a public place without reasonable justification during school hours. This duty is similar to that on school attendance and you could be fined if you breach it. The fine is £60 and goes up to £120 pounds if you do not pay within 28 days. Failure to pay within 42 days could lead to prosecution.

Alternative education

Day six and beyond

If your child has been permanently excluded, the local authority has a duty to provide suitable full-time alternative education from day 6. This is most likely to take place at a pupil referral unit or other alternative provision.

If your child has an EHC plan, the alternative provision must be able to meet the child’s needs as set out in EHC plan. The placement must be identified in consultation with parents.

For looked after children it is recommended that alternative educational provision start from the first day of an exclusion.

Local authorities do not have to provide alternative education for children who are below or above compulsory school age.

Finding a new school

Your child’s future education

Initially your child will probably be given a place in a pupil referral unit or other alternative provision. You may be happy for them to remain there for a while so their needs can be assessed or you may wish to try to find a place in a new school as soon as possible.

Fair access protocol

The fair access protocol (FAP) is a local agreement for getting children without a school place back into school as quickly as possible. The protocol must also cover provision for children who are not yet ready to go back into mainstream schooling. Permanently excluded children will be covered by this. Children can be placed under the FAP even if a school is full.

Applying for a school yourself

You can also apply for a school yourself under the normal admissions system and in most cases appeal if the school is full. See the ACE booklets on ‘Applying for a school’ and ‘Appealing for a school’.

There are some cases when a school may refuse admission even if it has places available. These are:

• twice permanently excluded children within two years of the last exclusion
• children with challenging behaviour making in-year admissions. Schools must refer this to the local authority to be dealt with under FAP.

Children with Education Health Care Plans

If your child has an EHC plan, the LA will need to change the name of the school after a permanent exclusion. You have a right of appeal if you disagree and want a different school. See the ACE booklet ‘Getting the EHC Plan right’.

Challenging the Exclusion

In this section you can find out how to challenge the decision to permanently exclude your child.

Negotiating with the school

If the exclusion is not officially permanent or if you think the head may be persuaded to withdraw it, you could negotiate for an alternative.

Ask for a meeting with the head to discuss this. Before the meeting think carefully about what might be best for your child. You could ask for:

• a managed move to another school
• for young people aged 14-16, a flexible curriculum or alternative provision
• additional support for your child

If it is a one off offence and your child has not otherwise been in trouble, then a letter from the young person asking to be given another chance may help.

However it’s important to understand that the head does not have to change their decision even if you think it is wrong or unfair. You should then concentrate on making a good case to the governing body.

The governors review the exclusion

What rights do you have?

Responsibility for reviewing exclusions lies with the governors of the school. This may be delegated to a subcommittee which may be called the discipline committee. The subcommittee must have at least 3 members.

The governors must be informed of a permanent exclusion without delay. They must meet within 15 school days to consider the exclusion.

You as a parent must be invited to attend the meeting and put forward your views. You have a right to be represented and also to take a friend with you.

If the governors decide not to reinstate your child in school you may ask for their decision to be reviewed by an Independent Review Panel (IRP). The IRP does not have the power to reinstate your child but may direct the governors to look at their decision again.

Useful Documents

There are a number of documents that may be useful to you if you are challenging your child’s exclusion:

• Statutory Government Guidance on exclusions
• the school behaviour policy
• the school SEN policy (if your child has SEN which may be relevant to the exclusion)
• your child’s school record – you need request this in writing. The school may charge for making a copy but you may look at the record free of charge.
• incident report and witness statements – the school should have compiled a report of the incident and may have taken witness statements from the pupils involved

If you are planning to challenge the exclusion, request these in writing from the school straight away.

Preparing your case

This section will help you put forward your views to the governors. It is sensible to do this in writing even if you will be meeting them in person. Keep copies of all letters and emails.

It is fairly rare for governors to overturn a head teacher’s decision to permanently exclude a child. You will need to convince them that the decision to exclude your child permanently was not lawful, reasonable or fair. Make sure you have read section 1 of this guide so you understand the rules around exclusions.

Procedures

Check that the school has followed the proper procedures in accordance with the guidance. Was it the head who excluded the child?

Were you notified in writing without delay? Did the letter give reasons for the exclusion?

Lawful?

What reasons are given for the exclusion? Are these genuine disciplinary reasons? See above - When exclusion is not allowed  for a list of invalid reasons.

Has your child committed a single serious breach of the school's behaviour policy? This could be something like seriously assaulting a teacher or another child or bringing a knife or drugs into school.  

or

Has your child been repeatedly in trouble in school? Have they persistently done things that are against the school's behaviour policy?

Check the school's behaviour policy.

Evidence

If you think that your child did not do what they are accused of or were not involved to the extent the school says, then you will need to consider the evidence very carefully.

Remember that the standard of proof for an exclusion is that it is more probable than not that your child did it.

Talk to your child about what happened. It is sensible to do this as soon as possible. Try to get them to focus on the facts of the incident. You may wish to ask some direct questions such as

• show me exactly where you were
• who else was in the room?
• did any other staff see what happened?
• did anything lead up to it?

Your child’s school record, the incident report and any witness statements will be useful here. Do they reflect your child's view of events? Are there differences between the statements? Highlight any inaccuracies. Are there important people who were not asked for a statement? If so you could ask the school to get their views

Has your child been in trouble before? Is it likely that they would behave in this way?

Sometimes children with an otherwise good record do get caught up in misbehaviour and do something silly. Teenagers in particular do not always think through the consequences of their actions.

Effect on other people in the school

The second condition for permanent exclusion is that allowing your child to remain in school would be harmful to the education or welfare of others in the school? Think about the effect your child has on other children. Are they seriously disrupting the class? Are they a risk to other children or staff? If it’s a one off serious offence, how likely is it that it will happen again?

Fair?

Look at the school's behaviour policy. What do they say about behaviour of this type? Do they generally exclude for this offence? Does the policy say something different to what has happened to your child? Are they applying their behaviour policy consistently? If other children were involved in the incident, how were they treated? Were they given the same punishment?  

Factors affecting your child

Was your child affected by anything going on at home or at school? This could be a family bereavement or divorce or bullying at school. Was this something you told the school about?

If your child has been bullied, was the school’s anti-bullying policy followed?  Have you raised concerns with the school before?

Support for your child

If your child has been having ongoing problems with behaviour, has the school put in support to try and address this? Have they considered a  multidisciplinary assessment involving external agencies and services?

Special educational needs

Schools must not exclude children simply because they have SEN. If your child does not have identified SEN, has this ever been considered? It may be something that you have already raised with the school.

How do your child's special educational needs affect their behaviour?

Has the school followed its SEN policy?

Was your child receiving the support they should have been? For example, if the EHC plan says your child must have one to one support at playtimes and this wasn't forthcoming, was the incident a result of the lack of support? Has an early interim review of the EHC plan been suggested by the school