Exclusions

Exclusions from State Schools

The law allows head teachers to exclude a pupil if their behaviour is serious and has a disruptive effect on the school's community; the exclusion can be for a fixed term or permanent.

Children will get excluded for a variety of reasons; some incidents are very serious and others are relatively minor. Exclusions in schools are carefully governed by the law and should only be imposed as a last resort by head teachers and not in the heat of the moment. Fairness demands that the headteacher makes his / her decision after a thorough investigation has been undertaken.

All schools are required to have policies, procedures and staff training in place that will promote good behaviour and prevent bad behaviour. The behaviour policies should be publicised widely within the school so that pupils, parents and school staff are aware of the standards of behaviour expected of pupils and the range of sanctions that the school might impose in response to poor behaviour. You should obtain a copy of the school's behaviour policy to ensure your child has been correctly punished for the behavioural offences.

The head teacher should write to the parent on the same day the exclusion is decided, explaining the reasons for the exclusion, and informing of the parent's right to make representations to the governors.

There are two types of exclusion:

1. Fixed Term - these must not exceed a total of 45 days in a single academic year. For exclusions over 5 days, parents are entitled to appeal to the Governors Discipline Committee. If the fixed term is less than 5 days, the governors may consider written representations from the parent, but they have no power to overturn the head teacher's decision and reinstate the child.

2. Permanent - A permanent exclusion must be in response to a serious incident e.g. supplying drugs in school, a serious assault, or a final response to an escalating pattern of defiant behaviour. Parents have the right to appeal against the head teacher's decision to the Governors Discipline Committee, and if unsuccessful, to the LEA Statutory Appeal Panel.

Fixed Term Exclusions

Pupils cannot receive fixed term exclusions for more than 45 school days in any academic year.

During the period of fixed term exclusion the school should send work home for the pupil although it might be necessary for you to collect the work from the school as there is no requirement that the school deliver the work to your home. This work should be marked. If the fixed term exclusion is for more than 15 days, the head teacher must also plan how the pupil's education will continue during the period of exclusion, and how the time might be used to address the pupil's problems. The head teacher should also consult with the local education authority to decide how best to reintegrate the pupil into school.

A parent can appeal against a fixed term exclusion of more than 5 days to the Governing Body of the School or the total number of days' exclusion in one school term collectively totals more than 15 school days in one term. The governing body must decide whether or not to reinstate the pupil, or consider whether the head teacher's decision to exclude the pupil was justified. The arrangements for making written representations to the governing body should be detailed in a letter from the head teacher confirming the length of the exclusion, and the reasons for making the decision.

Permanent Exclusions

There are two stages to an appeal against a permanent exclusion from school:

1. Appeal to the governors.

2. Appeal to the Independent Appeal Panel.

Many parents are shocked to find that these hearings appear quite formal, despite the best efforts of all involved to make them 'user-friendly'. You are allowed to take along a friend or legal representative to both of these appeal hearings.

Whilst any appeal is ongoing, the school must send work home and this must be marked. The standard of work set must enable the child to continue his courses of study.

Stage 1 - Appeal to the Governors

Once you have received the head teacher's decision letter informing you of the permanent exclusion, you should write to the governors within 15 days of the date of the head teacher's decision, telling them of your wish to appeal.

Prior to the meeting, the governors must circulate the evidence the head teacher used as the basis for permanently excluding your child. This will normally consist of witness statements, maps or diagrams of the school, a history of the school's ethos, and a breakdown of your child's previous performance and behaviour within the school. You should also submit a summary of your appeal and any statements you intend to rely upon. If the statements are from other pupils, it is good practice to refer to the witnesses by their initials rather than identifying them. Before taking witness statements from pupils, you should first obtain consent from their parents.

The governors must invite the head teacher and an officer from the Local Education Authority (LEA) to the meeting. Your child is also entitled to attend and is allowed to have his say.

In each case the governors have to decide on the 'balance of probabilities' that the pupil committed the matter alleged as forming the basis for the permanent exclusion.

The governors may decide one of two things:

To uphold the head teacher's decision; or
To overturn the head teacher's decision and reinstate your child by a particular date.

If your appeal to the governors fails, you should consider pursuing the second part of the appeals process.

Stage 2 - Appeal to the Independent Appeal Panel

You should notify the LEA of your intention to appeal against the governors' decision, within the time limit outlined in the governors' decision letter. The appeal panel must meet within 15 school days of the date you register the appeal with the LEA.

The appeal panel will consist of 3 or 5 members, and in addition there must be a clerk. The panel consists of a lay member, an independent governor (or former governor) from another school, and a head teacher (or someone who has previously been), from a maintained school.

The panel must invite the head teacher, a representative from the governors, and an LEA officer. Your son is also entitled to be present and can opt to speak on his own behalf. The venue must be neutral, e.g. a council office meeting room or a small hotel conference room.

At the hearing all parties may put forward new evidence about the incident that led to the exclusion, even if this was not available to the head teacher or governors. However the school may not introduce new reasons for the exclusion at this stage. Witnesses may attend but pupil witnesses should have their parents' consent. Character evidence, usually in the form of letters or statements may also be submitted.

In reaching their decision, the panel must also make the decision regarding your child's possible wrong-doing using the same 'balance of probabilities' test.

The appeal panel can make one of 3 decisions:

A finding that the permanent exclusion was the correct decision; or
A conclusion that the permanent exclusion decision was wrong, and the pupil should be reinstated immediately or at some future date; or
The permanent exclusion decision was wrong, but for exceptional reasons the pupil should not be reinstated e.g. there has been an irretrievable breakdown in relations between the school and the parents.

If your appeal fails, government guidance requires the LEA to provide full-time 'suitable education'. This does not mean your child will automatically be found a place at another school; education may be delivered in a pupil referral unit.

In addition, if the appeal is unsuccessful, the child can, in his / her own right, apply for a judicial review in the High Court, albeit this can only be on a point of law. Any such application must be done "promptly and in any event within 3 months" from the date of the decision.

Exclusions from Private Schools

Exclusions from Private Schools are governed by the terms and conditions of the contract between the parent and the School. Most private schools will have procedures that set out how the headteacher should act and also detail an appeal process. Parents will generally only be entitled to one appeal following a suspension or a request for the removal of a child or an exclusion.

It is important that these schools follow their own procedures when dealing with such matters. If procedures are not followed, the school may become vulnerable to a claim for breach of contract.

Please call us on 01252 617119 to find out how we can assist you.