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Council Services:

Exclusion

Exclusion from School

The Law

Head teachers are required to 'maintain good discipline in schools to ensure that all pupils benefit from the opportunities provided by education' (DfE Exclusions Guidance 2012). High standards of behaviour are important in helping children to feel safe and learn well, and parents and carers play a key part in this.

Exclusion is a disciplinary measure which the Headteacher of a school can use to deal with serious or persistent misbehaviours that breach the schools Behaviour Policy. This may be for a fixed period (a set number of days) or may be on a permanent basis. A child's behaviour outside of school can also be considered as grounds for exclusion.

All schools must have a Behaviour Policy that sets out the standards of behaviour expected from its pupils. The policy should outline what the school will do if your child’s behaviour falls below these standards. It must be freely available to parents and pupils, a copy of which can be requested directly from the school or alternatively may be available on the schools website.

By law only the Headteacher, or the designated Teacher in Charge, can exclude a pupil from   school. The decision to exclude a child must be lawful, reasonable and fair.

If your child's behaviour requires for them to be removed from school the Headteacher must issue a formal exclusion. Schools must not ask you to keep your child away from school or send them home for a "cooling off period" as this constitutes an unofficial exclusion which is unlawful.

Fixed-term Exclusion

  • The Headteacher must inform you that your child is excluded, usually by telephone in the first instance and then followed by a formal letter to you. The letter must provide the reasons for this decision and to inform you to keep your child at home for a set number of days.
  • For the first 5 days of a fixed term exclusion the school is required to provide work for your child to complete. You should ensure that your child completes this work and that it is returned to the school for marking.
  • If the exclusion extends beyond 5 schools days, the school must put in place full-time educational provision for your child.
  • During the first 5 days of a fixed term exclusion you must ensure that your child is not present in a public place during school hours without reasonable justification. This applies whether or not your child is with you. You may be liable to a Fixed Penalty if your child is in a public place without reasonable justification during school hours.
  • Your child cannot be given fixed period exclusions which total more than 45 school days in any one school year.
  • For exclusions lasting between 5 and 15 days you have a right to request that the Governors Pupil Discipline Committee convene a meeting to review the decision to exclude and you can attend to give your views about the exclusion.
  • For exclusions totalling more than 15 days in one term the Pupil Discipline Committee must convene a meeting to review the exclusions and you and your child must be invited to attend.
  • A Headteacher has the right to formally exclude your child for the lunchtime period only and must record this as half day exclusion. However, you will be expected to return your child to school for the afternoon session. If your child does not return the school will record this as an unauthorised absence.

Permanent Exclusion

  • The Headteacher must write to you to inform you that the school has decided to permanently exclude your child. This means that your child will not be able to return to the school unless re-instated by the Governors Pupil Discipline Committee.
  • The school must formally notify the Local Authority of the decision to permanently exclude your child.
  • For the first 5 school days following a permanent exclusion the school must provide work for your child to do at home. You should ensure that this work is completed and returned to the school for marking.
  • During the first 5 days of a permanent exclusion you must ensure that your child is not present in a public place during school hours without reasonable justification. This applies whether or not your child is with you. You may be liable to a Fixed Penalty if your child is in a public place without reasonable justification during school hours.
  • From the 6th school day following the exclusion the Local Authority must arrange full time educational provision for your child.
  • Following your child's permanent exclusion you will be contacted by a Parent Pupil Liaison Officer from the Education Out of School Team who will arrange to visit you to discuss the exclusions processes and procedures, your rights within this process and to discuss interim education for your child.
  • The Governors Pupil Discipline Committee must meet within 15 school days from the date of the permanent exclusion to review the Headteacher's decision. You and your child must be invited to attend to give your views on the exclusion.

If the Governors Pupil Discipline Committee upholds the Headteacher's decision to permanently exclude your child you have a further right to request that an Independent Panel reviews the decision.

Guidance

Headteachers and School Governors follow detailed guidance laid down by the Department for Education (DFE).

For further sources of advice, you can also access information from Department for Education or the Children's Legal Centre.

If your child has been excluded and you would like further advice please contact the Education out of school team.

Contact
AddressEducation Out of School Team
Lincolnshire Children's Services
Room 141D
County Offices
Newland
Lincoln
LN1 1YQ
Emailout_of_school@lincolnshire.gov.uk 
Telephone01522 554525

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Last updated: 4 March 2015

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