Exclusions

 

This section has information and advice on some of the most common questions related to fixed term and permanent exclusions at maintained schools, academies and alternative provision in England.

What is an exclusion?

Fixed-term and permanent exclusions are types of disciplinary actions a school can take against a student. 

A fixed-term exclusion (also known as a suspension) temporarily removes a student from school for a specified period (no more than a total of 45 school days per year), after which the student returns to the school register. 

A permanent exclusion is the most serious form of exclusion, meaning the student's name is removed from the school roll, and they are not allowed to attend that school again. If a school excludes a student for more than 45 days per academic year (even if they have changed schools),  this will result in permanent exclusion

Can a child with SEND be excluded?

Students with special educational needs (SEN) or a disability can be given fixed term exclusions or permanently excluded from school only for disciplinary reasons.

Under the Equality Act 2010 schools must not discriminate against, harass or victimise students because of protected characteristics, one of which includes disability. This means schools are not allowed to exclude a student because they have a disability or additional needs the school are unable to meet. 

Therefore, there is a duty for schools to make reasonable adjustments to policies and practices, for example a school’s behaviour policy should make allowance for behaviour which is a direct consequence of autism.

Where a school has concerns about behaviour or risk of exclusion of a child with SEND, it should, in the first instance and in partnership with others (including the local authority if necessary), consider what additional support or alternative placement may be required.

Do the school have to provide work or alternative education during an exclusion?

If a child has been excluded for a fixed period, schools should set and mark work for the first 5 school days. This can include setting work online for example through Google Classroom or Oak National Academy

If a school exclude a child for more than 5 days, the school must arrange suitable full-time education from the sixth school day.

If a child has been permanently excluded the local authority must arrange full-time education from the sixth school day. The school or local authority must tell you the parent/ carer about any alternative education they arrange. It’s your responsibility as parent/carer to make sure your child attends.

Can a school send my child home to cool off or ask me to collect them?

An informal exclusion, also known as an unofficial or "off the books" exclusion, is when a school excludes a student without officially recording it, regardless of whether this occurs with the agreement of parents or carers. 

This can include sending a student home due to behavioural issues 'to cool off', asking parents to collect a child early or during the lunch break, or suggesting a child stay home. Such practices are unlawful, even with parental consent, as they should be formally recorded as an exclusion.

A lunchtime exclusion should be a formal, fixed-term school exclusion where a student is sent off school premises for the duration of the lunch break due to disruptive behaviour, which is recorded as a half-day exclusion for statistical purposes. This type of exclusion should be short-term. The school must notify parents immediately and provide a follow-up letter detailing the reasons and who to contact for advice. 

If you think your child has been informally excluded, talk to the head teacher in the first instance. If this doesn’t resolve the issue, your next step would be to make a formal complaint via the school’s complaint policy which can be found on their website.

No child should be excluded or suspended from school:

• for an unlimited period
• for a non-disciplinary reason, or
• without formal notice in writing from the head teacher.

 

What is an off-site direction?

In addition to fixed term and permanent exclusions, maintained schools and some academies have certain powers to direct pupils off-site for education to improve their behaviour. 

Where interventions or targeted support have not been successful in improving a pupil’s behaviour, off-site direction can be used to arrange time limited placements at an alternative provision or another mainstream school. 

For maintained schools, the governing body must ensure that parents (and the local authority if the child has an education, health and care (EHC) plan) are notified in writing and provided with information about the placement as soon as practicable after the direction has been made and no later than two school days before the placement begins. 

Havering have an off site direction and managed move policy which you can access here:

Havering Off-site Direction and Managed Move Policy 2024-2025

 

What can I do if my child with SEN is at risk of exclusion?  

• You can ask the school if they can put in place SEN Support if your child isn't already receiving this.
• You can request an immediate review of the SEN Support currently being provided (if relevant).
• You can discuss with the school whether it would be appropriate to request an EHC needs assessment (EHCNA) in order to potentially secure an EHC plan.
• You can view the school's SEN policy, SEN Information Report, exclusions and behaviour policies which can be accessed via the school website.

What can I do if my child is at risk of exclusion and they have an EHC plan?

• Make contact with your case officer at the local authority via Havering's SEN Service. If provision in section F has not been followed, you are able to complain to the local authority as schools have a legal duty to follow the provision set out in the EHC plan. 
• You can request a formal early annual review (interim review) of the EHC plan.
• If the EHC plan is outdated or you feel it doesn't meet the needs of your child, you can request a re-assessment. 
• You can arrange a meeting with the school to discuss further support.

 

What process should be followed by a school when excluding a student?

The duties that a school must follow are set out in a DfE guidance document  ' Suspension and permanent exclusion from maintained schools, academies and pupil referral units in England, including pupil movement' August 24,  which can be accessed via this link:   

DfE Exclusion guidance August 2024

Page 26 onwards outlines the duties a school must carry out to exclude a student. Here is a brief summary of the main points:

- Only the head teacher or a principal can exclude a student.

- The parent/ carer must be informed as to the type of exclusion, length of exclusion if fixed term and reason for the exclusion as soon as possible.

Without delay the parent/ carer should be notified in writing as to  :

• the reason(s) for the suspension or permanent exclusion.
• the period of a suspension or, for a permanent exclusion, the fact that it is permanent.
• parent's / carer's right to make representations about the exclusion to the governing board. (Making representations means you as the parent/ carer can present your case to the governing body to explain why you believe the exclusion was unjustified or incorrect.)
• parent's/ carer's right to make a request to hold the meeting via the use of remote access and how and to whom to make this request.
• how any representations should be made; and
• where there is a legal requirement for the governing board to consider whether the pupil should be reinstated, that parent/ carer have a right to attend a meeting, to be represented at that meeting (at their own expense) and to bring a friend.

-Where an excluded student is of compulsory school age the headteacher must notify the parent/ carer that they must ensure the child is not present in a public place at any time during school hours during the first five school days of an exclusion (or until the start date of any full-time alternative provision).

-If alternative provision is being arranged then any information related to timings, location and duration should be given as soon as available.

 

Is there a DfE guidance document for parents on exclusions?

The DfE has created a document  'Guidance for parents and carers on behaviour, suspension and permanent exclusion', which can be accessed via this link:

 DfE A guide for parents on school behaviour and exclusion

 

What can I do if I disagree with an exclusion?

If you disagree with an exclusion that has been given to your child, then you may wish to consider the following:

• Right to Challenge: You have the right to challenge the exclusion decision. 
• Follow the Letter: The letter from the school about the exclusion will explain the correct process for challenging it. 
• Internal Complaint: As a first step, you can pursue an internal complaint within the school. 
• Governing Body Meeting: For permanent exclusions, the governing body must consider the decision and can either uphold or overturn it. 
• Independent Review Panel (IRP): If the governors uphold the permanent exclusion, you can request an IRP. This panel includes an SEN expert and is independent of the school. 

 

Havering's exclusion policy can be accessed here: 

Havering Suspensions and Permanent Exclusions Policy 2024-2025

 

Please see the next drop down section for organisations who may be able to offer support and legal advice on exclusions.

 

Additional information, advice & support on exclusions

 

IPSEA - Exclusion from School 

 

Contact - Exclusions

 

Gov.UK - Exclusions Information 

 

You can also view the statutory guidance on exclusions from maintained schools, academies and pupil referral units (PRUs) in England on the following link below: 

 

Coram -  School Exclusions Hub 

This organisation has school exclusion resources for children and families. 

In addition, Coram Children’s Legal Centre, in collaboration with volunteers from law firms, runs the School Exclusion Clinic, which offers free legal representation to parents or carers of children and young people who have been permanently excluded from a school in London.

A referral can be made to the School Exclusion Clinic via this link: Referral re permanent exclusion