You can write to the governing body to make your representations, their duties to consider will vary depending on how many days in total of fixed-term exclusions within a term, and/or whether the exclusion will mean an exam or test will be missed.
Have a look at our quick reference guide to Governing body duties.
Where less than 5 days in a term, the governing body must consider your representations but are not required to meet with you and cannot direct re-instatement.
If you make representations where the total number of exclusions is between 5 and 15 days in a term, the governor decision is unlikely to affect the actual exclusion (the period of exclusion will probably have taken place by the time the governors consider). If they decide to overturn the decision a note can be added to your child’s school record.
If you believe that your child has been discriminated against in the exclusion process because of a disability, you may also make a claim to the First-tier Tribunal (Special Educational Needs and Disability) within six months of the exclusion.
Have a look at our quick reference guide to Governing body duties.
The governing body must meet to consider the exclusion and this meeting (read more within permanent exclusions) is your opportunity to ask any questions about how or why the decision was made.
If you are in disagreement with the governing body decision to 'uphold' the permanent exclusion following the meeting, you can have a further opportunity to make your representations, by requesting an Independent Review Panel (IRP). Your letter from the governing body should explain your right to request an IRP and how to do this.
If you believe that your child has been discriminated against in the exclusion process because of a disability, you may also make a claim to the First-tier Tribunal (Special Educational Needs and Disability) within six months of the exclusion. .
This can be very difficult for everyone involved. The most important thing is to continue to work with school, sharing ideas and deciding next support steps. Some things to consider discussing with school…
Ask your child how they feel, what’s working and what isn’t, and what would need to change to see improvements with behaviour. Share this information with school, this is the starting point.
Look for patterns or triggers for behaviour, for example are the instances always in a particular lesson or time of the day.
Consider a positive praise approach – finding a way to praise even the smallest of things can have a positive impact to behaviour.
Think about the behaviour targets set, breaking these down to bite-size achievable targets can be a good way to manage. For example, if you are able to praise your child for getting through a lesson without incident (even where other lessons may not have been as positive!), it might just lift their confidence enough to keep them feeling positive about the next day and start to break the cycle of challenging behaviour.
School might consider:
- a referral to the in-year fair access panel (IYFAP)
- a CAF – a way of working with families and assessing needs
- referrals to specialist services, for example County Inclusion Support Service, to the Educational Psychology service or to an appropriate health service.
- where support options in school have been exhausted, a request to the local authority to carry out an EHC needs assessment
This should only happen in exceptional cases, where additional evidence has come to light.
3. 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 period ends; or a permanent exclusion may be issued to begin immediately after the end of the fixed period.
The Head Teacher has the right to exclude a child but should, as far as possible, avoid permanently excluding any pupil with an EHC plan or a 'looked after child.' For any child at risk of exclusion the Head Teacher should consider what alternatives are available, and request that the Annual Review be brought forward.
The local authority must review and amend the EHC plan for a child that is permanently excluded, to ensure they continue to receive education or training.
See more information on our web page ‘with an EHC plan’.
The law says that, unless your child’s health means that full-time education would not be in his or her best interests, they should receive a full-time education.
However, a reduced timetable can be an effective short-term measure. See our information ‘right to a full-time education’
This is a Suffolk process for children who are at risk of exclusion.
School can refer your child, only with your consent, to be considered at a monthly panel meeting attended by local schools, the local authority including specialist services, and representatives from Health. Due to the nature of many children being discussed at panel, this process does not allow for parents to attend.
At the panel meeting options are considered and outcomes will vary. Talk to school about possible outcomes, any questions you have about the process and share any information with them that you would like taken forward to the panel.
You can also contact the local authority if you have any questions about the IYFAP process or would like to share your views directly.
For more information you can read the Suffolk Fair Access Protocol.
Asking a parent to pick up their child at lunchtimes, early, sending a child home to ‘cool off’ or recommending a parent moves their child to another school or to home educate are 'unofficial' exclusions and are unlawful.
The Department for Education exclusions guidance says that any exclusion of a child must follow the formal process (fixed-term with an agreed end date).
For exclusions of more than five school days, the school (or local authority if excluded from a PRU) must arrange suitable full-time education from day six, unless your child is under compulsory school age or in year 11 having already completed their GCSE’s.
The Department for Education exclusions guidance highlights there are benefits of arranging education before day six of any exclusion and says…
51. Where it is not possible, or not appropriate, to arrange alternative provision during the first five school days of an exclusion, the school should take reasonable steps to set and mark work for the pupil. Work that is provided should be accessible and achievable by the pupil outside school.
Liaise with school about the arrangements for how your child will access and have this work marked during the period of a fixed-term exclusion.