A permanent exclusion (sometimes the word “expulsion” or “expelled” is used) is where a pupil is told they cannot come back to the school.
Headteacher
Governor
- Must tell parents (initially by phone or in person) why the pupil has been permanently excluded. 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 permanent exclusion and how to do this.
- Must inform the Governors and LA. If the pupil lives outside the local authority in which the school is located, the head teacher must also advise the ‘home authority’ of the exclusion without delay.
- 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 exclusion/suspension – in both cases, without delay.
- Must tell the Governors if an external exam or National Curriculum test would be missed.
- Should ensure a process is in place for a governing board when considering re-instatement following a permanent exclusion and ensure they have received adequate training to ensure there is a review within deadlines, and a Clear and timely system to enable parents to make representations.
- Must meet within 15 days of receiving the notice of exclusion.
- 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.
- Where parents (or the excluded pupil if aged 18 or over) dispute the decision of a governing body not to reinstate a permanently excluded pupil, they can ask for this decision to be reviewed by an independent review panel.
Entitlement to alternative education
For permanent exclusions, the local authority (and not the school) must arrange suitable full-time education for the pupil to begin no later than the sixth day of the exclusion but they should try to start this provision as soon as possible. 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.
It will be the authority where the pupil lives which will arrange this.
‘Full-time’ means supervised education equivalent to that provided by mainstream schools.
What is an independent review panel?
When a governing board decides not to reinstate a permanently excluded pupil, parents can ask for this decision to be reviewed by an independent review panel. An independent review panel does not have the power to make a governing board reinstate an excluded pupil. However, where a panel decides that a governing board’s decision is flawed, it can tell the governing board to reconsider its decision.
