Exclusions/suspensions over 15 days – Responsibilities

Headteacher

Governors

Must tell parents (initially by phone or in person) why the pupil has been excluded/suspended and for how long. This must be done without delay.
Must write to parents with this information and also explaining that they have right to make representations about the suspension and how to do this.
Must inform the Governors and LA.
Must tell the Governors if an external exam or National Curriculum test would be missed.    









Must meet and consider and decide on reinstatement within 15 days of receiving the notice of the exclusion – If the suspension would bring the pupil’s total number of school days out of school to be more than 15 in a term or If the exclusion will result in the pupil missing an external or National Curriculum exam. Governors must take reasonable steps to meet before the exam. If not practicable, the chair of governors of a maintained school may alone consider the suspension and reinstatement.

Governors need to have processes in place to ensure:

  • That parents and pupils know they have the right to attend. Parents can also have someone to represent them at the meeting (such as an advisor from SENDIASS or a solicitor) and can bring a friend.
  • They have taken steps to find a convenient date that the parent, other relevant parties, the local authority representative (if relevant) and the headteacher can attend.
  •  They have considered how to involve the pupil in the consideration process. Pupils should be enabled to make a representation on their own behalf if they wish to do so, taking into account age and understanding.
  • They have collected all relevant documents, anonymising them, if required, and providing them to all parties.

Governors need to know that parents always have the right to say why they object to the exclusion or give their views about it. These are called “representations” and should be made in writing .   These representations must be considered by governors.

If the pupil is a looked after child, the Head must tell the Virtual School Head and if the pupil has a social worker, the Head must tell the social worker about the suspension – in both cases, without delay.  

School must take reasonable steps to set and mark work for the first five days of a period of exclusion.

Entitlement to alternative education

Governors must arrange suitable, full-time education for any pupil of compulsory school age.  (Unless the pupil is suspended from a pupil referral unit, in which case the local authority must arrange.)

This provision must begin no later than the sixth day of the exclusion but they should try to start this provision as soon as possible. The governing board should ensure that there are clear processes in place to comply with its legal duty to arrange suitable full-time educational provision for pupils of compulsory school age from the sixth consecutive school day of a suspension. This Includes:

  • Checking that there is a process in place for the governing board to assure itself that the education provided is suitable and full-time.
  • Quality assuring provision and ensuring that any previous placements have been evaluated, including support for any SEND the pupil may have.
  • Checking whether there is a process in place to monitor the pupil’s attendance and behaviour at the provision.
  • Checking whether the correct attendance code is being used.
  • Checking whether the pupil’s child protection file and any other information relevant to the pupil’s safeguarding and welfare has been securely transferred to their new setting as early as possible, in line with Keeping children safe in education: information for all school and college staff (publishing.service.gov.uk)

If the pupil is a looked after child, schools and local authorities should work together to arrange alternative provision from the first day following the exclusion.

If it’s not possible to arrange alternative provision during the first five school days of an exclusion, schools should take reasonable steps to set and mark work for pupils.

All work provided should be something that can be done by pupils outside of school.