exclusion from school

by Margaret McGowan

exclusion from school | help and info

Around 10,000 pupils are permanently excluded each year in England according to official figures from the DfES in 2002.

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Many more find themselves without a school place if a parent decides to withdraw their child under threat of permanent exclusion, but then finds that other schools will not take him or her.

Persuading parents to 'voluntarily' remove their children is frowned on by the government. Not only do parents lose the right of appeal against an exclusion but, because parents have removed their child, the local education authority (LEA) can refuse to make alternative provision if no school will take their child.

Schools do by law normally have to admit a child if they have a vacancy, but unless parents know their rights this can be very difficult to enforce, especially where a child has been excluded or is in years 10 or 11 and in the middle of exam courses.

avoiding exclusion

Schools are expected to try other strategies instead of exclusion.

Some of the alternatives which the government says schools should try include:

• Restorative justice – a process which enables a child to put right the harm that has been done.
• Internal exclusion – this may be to another class on a temporary basis or to another room in the school.
• Managed move – a transfer to another school agreed by all concerned, including parents.

Other government guidelines to tackle disruptive behaviour without excluding a pupil include:

• Working with parents – a written action plan agreed by school staff, parents and pupils.
• In school sanctions – such as withdrawal of break or lunchtime privileges; detention; with-holding participation in school trips or sports events that are not an essential part of the curriculum; extra written work; carrying out a useful task in the school.
• Mentoring – older pupils or supportive adults to help children at risk of disaffection.
• Alternatives to the national curriculum for key stage four pupils – these can include work-related learning programmes; extended work experience; programmes in further education colleges; voluntary service and community activities.

The government says that pupils at serious risk of permanent exclusion should have a Pastoral Support Programme. This should be automatically set up for a pupil who has several fixed period exclusions that may lead to permanent exclusion.

what is a Pastoral Support Programme?

This is a programme of targets and support organised by the school with the involvement of parents, the LEA and, where appropriate, other agencies such as social services, Connexions, careers services, voluntary organisations and the youth service.

For further information about Pastoral Support Programmes, contact the Advisory Centre for Education (ACE), a charity which runs an independent advice line for parents of excluded children (see help and info). You might also like to check out the government guidelines Pupils Who Do Not Respond to Action to Combat Disaffection.

If you think your child has special educational needs (SEN) which are affecting their behaviour, then the SEN Code of Practice describes the way help should be given (you can find out more in our feature when a child has special educational needs).

what if none of this works?

If alternative strategies do not work your child may be excluded for a fixed period – a maximum of 45 school days in an academic year – or permanently.

can schools exclude whenever they like?

Schools can only exclude if your child has seriously broken the school's behaviour rules and if allowing them to stay in school would seriously harm their education or welfare or those of others in the school.

The government says that exclusion should not be used for:

• minor incidents such as failure to do homework or to bring dinner money
• poor academic performance
• lateness or truancy
• pregnancy
• breaches of school uniform rules or rules on appearance – except where these are persistent and in open defiance of such rules
• punishing a child for the behaviour of their parents, for example, where parents refuse or are unable to attend a meeting.

must schools try alternative strategies?

Government guidance says that permanent exclusion will usually be the final step following a wide range of other strategies which have been tried without success.

It says that permanent exclusion should normally be used as 'a last resort' but that it may be justified for persistent and defiant misbehaviour including bullying or repeated possession and/or use of an illegal drug on school premises.

If your child is accused of a serious one-off incident they may be permanently excluded even though they have not been in trouble before. Serious incidents might include:

• serious actual or threatened violence against another pupil or a member of staff
• sexual abuse or assault
• supplying an illegal drug
• carrying an offensive weapon.

what happens if the school excludes your child?

The school must, if at all possible, immediately phone you when they decide to exclude your child either for a fixed time or permanently. This must be followed by a letter within one school day.

The letter must tell you:

• the length of time of the exclusion
• the reasons for it
• a parent's right to make representations to the discipline committee
• the person a parent should contact to make representations.

The letter should also include the name and telephone number of an LEA officer who can provide advice and the telephone number of ACE.

The letter should give the latest date on which the discipline committee must meet, your right to a copy of your child's school record and the arrangements the school will make for setting and marking work while your child is out of school.

If the exclusion is for a fixed period the letter will say when your child should return; if it is a permanent exclusion, it should say the date it takes effect and any relevant previous history.

If you decide to make representations about the exclusion, you should inform the clerk to the discipline committee who should send you copies of any paperwork, such as witness statements, well before the hearing.

For fixed period exclusions which add up to six days or more in any one term, and for permanent exclusions, the discipline committee will meet to hear your representations. Sometimes they will meet for shorter exclusions too if you request this.

what is the discipline committee?

This is a committee of three or five governors. None of them should have any connection with your child or knowledge of the incident that led to the exclusion and that could affect their impartiality.

The committee will hear the reasons for the exclusion and must give you the opportunity to put the case for your child. They will also consider any representations made by an LEA officer and consider whether the head teacher has complied with legal procedures and the government guidance.

Help in putting your case can be found on the website of ACE or by ringing ACE on 020 7704 9822 for an information pack and details of the freephone advice line.

You are allowed to be legally represented but no financial help is provided. Most parents put their own case with the help of ACE's information pack. Sometimes law centres or voluntary organisations can provide support (see help and info).

If your child has been excluded for a fixed period and you think he or she has been discriminated because of a disability, you can make a claim to the Special Educational Needs and Disability Tribunal. This is a complex area. See ACE's Disability Discrimination booklet.

If your child has been permanently excluded and the discipline committee uphold the head teacher's decision, then you should be told of your right to appeal to an Independent Appeal Panel (IAP). If you wish to appeal, you must write to the name and address on the letter within 15 school days of the letter, giving your reasons.

what is the Independent Appeal Panel?

The appeal panel has at least three members and is independent from both the school and the LEA.

The panel will decide on the balance of probabilities whether your child did what he or she is alleged to have done.

They should ask themselves questions about the exclusion and the way it was handled. Did the head teacher and discipline committee follow the law and government guidance? If not did this mean that justice was not done?

They should also consider school policies, particularly the behaviour policy and equal opportunities policy, and where relevant the anti-bullying policy, special educational needs policy and race equality policies. Did the school act in line with these policies?

Then they should consider the treatment of any other pupils involved in the same incident. Has the school treated your child fairly in relation to them?

You can get help in putting together your case for the independent appeal from ACE (see help and info).

The appeal panel will also hear claims that your child's permanent exclusion amounted to disability discrimination.

Finally the panel will decide whether permanent exclusion was a reasonable response. If they decide not, they will then consider whether reinstatement is practical.

In exceptional cases only, the panel may decide not to direct reinstatement where they feel this would not be in the best interests of all concerned. Government guidance says this may be where there has been an irretrievable breakdown in relations between pupil and teachers or between the parents and the school or between the pupil and other pupils involved in the exclusion or appeal process. It may be important, therefore, that you convince the panel that you can continue to work with the school.

If the panel decides the exclusion was justified, the LEA should make arrangements for your child to receive full time education (see below).

going back into school

In most cases you should not be turned down if the school has a vacancy but make sure you apply in writing and ask for an admission appeal form if your child is turned down.

If this exclusion was your child's second permanent exclusion, however, you do not have the right to appeal for a school place until two years after the last exclusion.

If you win your case and the panel decides to reinstate, your child can return immediately to school. This does not always go smoothly as there are cases where teachers have refused to teach a child alongside classmates and instead taught them on their own.

While disapproving of teachers threatening strike action in such circumstances, the courts have recently said that this is legal and that reinstatement does not necessarily mean reinstatement to the classroom.

It is a good idea to try to get the LEA to work with you and the school to plan for your child's return.

Accepted good practice for reintegrating children into a new school would include the following:

• The LEA is expected to draw up a plan which is discussed with parents, child and school.
• The plan could include educational targets such as catching up on academic work and pastoral targets such as providing your child with a peer mentor – another child from their class to help them fit in socially.

no school place?

For many permanently excluded children, especially those in years 10 and 11, getting back into mainstream school will prove impossible. LEAs are expected to provide full time education but this is usually a combination of attendance at a pupil referral unit, work experience and vocational courses in a further education college.

For some pupils, especially those of primary school age, home tuition may be an option.

Margaret McGowan is publications editor at the Advisory Centre of Education (ACE).

(April 2003, resources updated June 2005)

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