Permanent exclusions should be a last resort particularly for children with Special Educational Needs and in other vulnerable groups.
Section 16, Department for Education Statutory guidance says…
A decision to exclude a pupil permanently should only be taken:
- in response to a serious breach or persistent breaches of the school’s behaviour policy; and
- where allowing the pupil to remain in school would seriously harm the education or welfare of the pupil or others in the school.
If you have any questions or concerns about an exclusion decision:
The local authority has a duty to arrange suitable, full-time educationfor children of compulsory school age, from the sixth dayof a permanent exclusion.
They should be in contact with you following a permanent exclusion but you can contact them with any questions or concerns:
What if I don’t agree with the exclusion?
- Speak to the Head Teacher as soon as you are told about the exclusion, (as this is not formally agreed until the governing body has considered)
- use the opportunity of the Governing body meeting to raise any questions or concerns that you (or your child/young person) have
- Look at our factsheet around preparing for a governing body meeting or an Independent Review Panel (PDF)
- An exclusion can only be on disciplinary grounds, 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 (see 3.13 of the Department for Education Exclusions guidance).
- In exceptional cases, where additional evidence has come to light, a fixed-term exclusion may be extended or converted to a Permanent exclusion.
- Exclusions may only be given by the Head Teacher who has a duty to notify parents in writing and include the reason for the exclusion, the period of exclusion, parents rights to make representations to the governing body and how, and should also include links to sources of impartial advice and information.
- The Head Teacher must immediately inform the governing body and the local authority of a permanent exclusion
The Department for Education Exclusions Guidance states that:
…the law does not allow for extending a fixed period exclusion or converting a fixed period exclusion into a permanent exclusion. In exceptional cases, usually where further evidence has come to light, a further fixed period exclusion may be issued to begin immediately after the first fixed period ends; or a permanent exclusion may be issued to begin immediately after the end of the fixed period (3.3)
If a parent wishes to raise a concern about lack of, or the quality of, education following a permanent exclusion (and their child is still of compulsory school age), parents should complain to the local authority. (Annex C – A guide for parents and carers under ‘arrangements for my child after exclusion’)