Have regard to statutory guidance on the use of this power which can be found in Alternative Provision – Statutory guidance for Local Authorities at paragraph 41. Where an exclusion is permanent, the Governors Disciplinary Committee decision will also include the following: The fact that it is permanent. If your child has been excluded, you should consider what actions you can take to try to get their needs met more effectively and avoid further exclusions in the future. School exclusions: advice for primary-school parents. Grounds for appeal include: - If the exclusion is 'informal' – for example, if the child has been sent home to 'cool off' rather than being officially excluded. In what circumstances can a child be suspended or excluded? More information is published in the Technical guidance for schools from the Equality and Human Rights Commission. The headteacher will immediately provide the following information, in writing, to the parents of an excluded pupil: The reason(s) for the exclusion.
If you're unable to pick them up straight away, they'll be kept in isolation at school. 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. When can I bring a judicial review claim against the decision of the IRP? Disruptive behaviour can be an indication of unmet needs. For example, it would be unlawful to exclude a pupil simply because they have additional needs or a disability that the school feels it is unable to meet. This could be something like a new diagnosis of a particular disability affecting your child. School exclusion policy england. However, the head teacher must not remove a pupil's name from the school Admissions Register until the outcome of the Independent Review Panel (if this route is followed by parents). Procedural impropriety – Was the process of exclusion and the governing body's consideration so unfair or flawed that justice was clearly not done?
The start and finish times of any such provision, including the times for morning and afternoon sessions, where relevant. The table below sets out your rights and the governors' responsibilities according to the length of an exclusion. Schools must also make 'reasonable adjustments' to the way they do things in order to avoid disabled pupils being put at a disadvantage. A panel of 3 or 5 members will be constituted with representatives from each of the categories below. In the case of either a recommended or directed reconsideration, the governing body must notify the following people of their reconsidered decision, and the reasons for it, in writing and without delay: - the parents; - the head teacher; - the Local Authority and, where relevant, the 'home authority'. There are guidelines about what should be taken into account before excluding a child. Even though your child is not allowed on the school site, they still should be receiving education. This section will help you put forward your views to the governors. As a result, they would not apply if they are meeting with the parents to discuss a suspension which has resulted in the child being suspended for five days or less in the term (as in such a situation the governing body does not have the power to reinstate the child; see above). Deanshanger Primary School is committed to valuing diversity and to equality of opportunity. The only exception to this is where alternative provision is to be provided before the sixth day of a suspension or permanent exclusion, in which case the information can be provided with less than 48 hours' notice with parents' consent. The law does not allow for extending a suspension or 'converting' a suspension into a permanent exclusion. You have a right to have your views properly heard and guidance also states that the review "should be conducted in an accessible, non-threatening and non-adversarial manner". Exclusions policy for primary school curriculum. In reaching a decision, the Governors Disciplinary Committee will consider whether the exclusion was lawful, reasonable and procedurally fair and whether the headteacher followed their legal duties.
How to appeal a permanent exclusion. Exclusions policy for primary school grade. Are there differences between the statements? In reaching a decision on whether or not to reinstate a pupil, the governing body should consider whether the decision to exclude the pupil was lawful, reasonable and procedurally fair, taking account of the head teacher's legal duties. Permanent exclusions. The physical and emotional health of our children and staff is our primary concern and we, therefore, accept that in some serious situations, exclusion may be necessary if all other strategies have been exhausted.
This is not the same as the 'beyond reasonable doubt' standard required in a criminal case. Give examples of what they could have done differently. You should then concentrate on making a good case to the governing body. The subcommittee must have at least 3 members. What reasons are given for the exclusion? You as a parent must be invited to attend the meeting and put forward your views. A pupil can also be transferred to another school as part of a managed move. However, if you feel that the IRP process was unfairly run, you may be able to take this further by complaining about maladministration. Any fixed-period exclusion must have a stated end date. The decision to exclude a pupil must be lawful, reasonable and fair. Information about parents' right to make representations about the exclusion to the governing board and how the pupil may be involved in this.
Are there important people who were not asked for a statement? Have a look at the school's behaviour policy. An informal exclusion involves a child being sent off the school premises, without this being officially recorded as an exclusion (e. where a child is sent home for a 'cooling off' period). Was it the head who excluded the child? They can also overturn the exclusion and reinstate your child in principle, even if you do not want your child to return to the school. In this section you can find out how to challenge the decision to permanently exclude your child. What is a fixed period exclusion? An internal exclusion is a discretionary measure, where a pupil's behaviour is escalating and more serious measures need to be taken but there are not yet grounds for an external/fixed-term exclusion. What are the consequences of having an exclusion on your child's school record?
The meeting is likely to follow a similar order to the governing body meeting. It would result in a pupil missing a public examination or national curriculum test. You can read more about it on the Enquire website. Schools have a statutory duty not to discriminate against pupils on the basis of protected characteristics, such as disability or race. In the case of an Academy, the school would be required to make an equivalent payment directly to the Local Authority in which the school is located. Any information required by the pupil to identify the person they should report to on the first day.
A pupil cannot be excluded for more than 45 school days in one school year. It can only recommend or direct the governing body to reconsider the exclusion. This should include: - an assessment of whether appropriate support is in place to support any special educational needs or disability that a pupil may have; - the use of a multi-agency assessment for pupils who demonstrate persistent disruptive behaviour. Advice for Parents of Pupils with Special Educational Needs (SEN) - Parents of pupils with SEN who are excluded from school may need advice on the options available for their child's future education. Monitoring arrangements. Our school aims to ensure that: The exclusions process is applied fairly and consistently. For some pupils the PRU will continue to provide education for a longer period of time. We've updated our model policy to reflect the new guidance from the Department for Education (DfE) on suspensions and permanent exclusions which came into force on 1 September 2022. Where this information on alternative provision is not reasonably ascertainable by the end of the afternoon session on the first day of the suspension or permanent exclusion, it may be provided in a subsequent notice, but it must be provided without delay and no later than 48 hours before the provision is due to start. It means that the child is no longer allowed to attend the school and their name will be removed from the school roll. Whilst the legislation does not apply to Academies, they can arrange off-site provision for such purposes under their general powers. You may think the punishment is too severe for what your child did. Exclusion from school. The SEN expert should be a professional with first-hand experience of the assessment and support of SEN, as well as an understanding of the legal requirements on schools in relation to SEN and disability.
Your child's school record, the incident report and any witness statements will be useful here. If the governors don't overturn the exclusion, you can ask for an independent review by your local council (or the academy trust, if the school is an academy). If your child has been bullied, was the school's anti-bullying policy followed? Reasons for exclusion: • Serious breach of the school's rules or policies; • Serious risk of harm to the education or welfare of the pupil or others in the school. For longer exclusions, the school must arrange suitable full-time alternative education to begin from the sixth day of the exclusion. Our vision is used across all policies and guides our work it states: Like a lighthouse, St Michael's is a beacon of safety and stability. They may be represented by lawyers but this is not often the case. This practice is sometimes known as withdrawing/rescinding a suspension or permanent exclusion. What happens when the IRP recommends the governing body reconsiders the exclusion? Parents can make a claim to the Tribunal for any type of exclusion, fixed term or permanent. A complaint should be made to the Secretary of State who will pass the complaint to the Education and Skills Funding Agency (ESFA). In Manchester an education caseworker will contact all parents or carers of a permanently excluded pupil to offer support and advice during the exclusion process. Notification should be in person or by telephone in the first instance as this would allow parents to ask any initial questions or raise concerns directly with the headteacher. They will not be invited if you do not ask for it and governors will need to agree if they can make representations or just observe the meeting.
Re-integration – working through a structured supportive process that aims to solve the problem.