The decision to permanently exclude is normally made when all alternative strategies to improve behaviour, including fixed period exclusions, have been tried and have failed.
However, on rare occasions the incident may be so severe that the Headteacher decides that it warrants a permanent exclusion without alternative strategies being tried first.
Usually, the reason for the exclusion is because the pupil has broken school rules or is a threat to the health and safety of others, or themselves.
There are three categories of exclusion. These are:
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Lunch-time Exclusions - Student not allowed on school premises for entire lunch time period. Recorded as a half day exclusion.
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Fixed Period Exclusions - Student not allowed on school premises for a set period of time - up to 45 days in an academic year.
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Permanent Exclusions - Student not allowed to return to the excluding school.
Who has the authority to exclude?
Only the Headteacher has the authority to make the exclusion decision. However, if the Headteacher is absent for a period, the Deputy Headteacher has the authority. In relation to Pupil Referral Units, the unit managers may exclude.
No Headteacher should exclude a pupil “in the heat of the moment”, unless there is an immediate threat to the safety of pupils and or others at school.
As part of the Headteacher’s responsibilities, before deciding to exclude, they should:
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Make sure an appropriate investigation has been carried out looking into the circumstances of the incident;
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Give all pupils involved in the incident a chance to say what happened before making a decision.
Other staff in the school will probably have been involved in the investigations. If, after the investigation, the Headteacher decides to exclude, it will be one of the following categories of exclusions depending on the severity of the incident:
How will I know what has been decided?
Once the Headteacher has made the decision to exclude, they should contact you as soon as possible to inform you of the exclusion. This will be followed up in writing within one day of the exclusion and the letter will explain:
What category of exclusion has been given;
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The reason for the exclusion;
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Your right to state your case to the governors disciplinary committee;
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The date the exclusion starts and ends (if appropriate);
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The relevant previous history;
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The latest date the school governors’ discipline committee will meet (if appropriate);
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Your right to have a copy of the school records of your child;
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How your child’s education will continue;
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Where you can find more information.
The School Governors Disciplinary Committee (SGDC)
Under the guidelines ‘Improving Behaviour and Attendance: Guidance on Exclusion from Schools”, parents may request a meeting with the SGDC if their child has been excluded for a fixed-term period from 1 – 15 days. Meetings should take place within 50 school days of the exclusion.
However, if it is a fixed-period exclusion between 16 – 45 days (whether as a single fixed-period or as a cumulatively amount within an academic year), the school should automatically hold a meeting of the SGDC within 15 school days of the most recent exclusion.
What are my rights?
Important things to remember are:
- parents should never be pressurised into removing their child from school under the threat of permanent exclusion,
and,
- pupils should not be deleted from the school roll to encourage them to find another school place.
Parents can ask for a GDSC meeting if the exclusion was less than 15 days and they can explain their point of view to the governors.
If a meeting is already being arranged, you can prepare for the opportunity to tell the governors your side of the story, or you can write it down in a letter and it will be considered at the meeting.
If parents take their child out of school, they lose these rights and it may be difficult to get another school place near to the home address.
Excluded pupils are not allowed on to school premises for the duration of the exclusion, unless they have been invited by the Headteacher or if they are accompanied by an adult. However, if your child has been excluded, regardless of duration, you have the right to request a meeting with the school.
Parents cannot ignore the fact that their child has been excluded and send them to school as if nothing has happened. Parents should be aware that if they do this, the Headteacher could take out a legal action against any intruders at school and the police will be involved.
