A suspension or exclusion is a formal disciplinary measure whereby a headteacher or principal removes a child or young person from a place of learning due to a breach of the place of learnings behaviour policy. 

The types of exclusions:

  • Permanent exclusion (PEX)
  • Fixed Term Suspension
  • Internal exclusion
  • Informal exclusion
     

Permanent Exclusion

The excluded child/young person is removed from the place of learnings register and denied access to the grounds indefinitely.

Fixed Term Suspension

The child/young person is denied access to the place of learnings grounds for a set number of days, or part of a day, which is followed by a return.

Internal Exclusion

The child/young person is confined to a behavioural unit or otherwise segregated from the mainstream population.

Informal exclusion

Any removal of a child from the place of learnings grounds that does not follow guidance. These are always unlawful.

A place of learning cannot exclude because:

·       A child has special educational needs, and the place of learning say it can’t meet those needs. It should look at putting more or different support in place instead.

·       A child is not doing well in the place of learning or is not as able as other children. A child cannot be excluded because they are not likely to get good exam results.

·       Because of something a parent has or may have done. This might be something like making a complaint or not going to a meeting at the place of learning.

Who can exclude?

Only the Headteacher or Principal of a place of learning has the power to exclude a child or young person.

The decision to exclude can be withdrawn by the Headteacher or Principal either before the exclusion is made official or up to the point it is reviewed by the school’s Governing Board.

When can a child or young person be excluded?

A pupil can only be excluded on disciplinary grounds.

The behaviour of pupils outside of the place of learning can be considered as grounds for exclusion. The place of learning’s behaviour policy will set out when a pupil’s behaviour outside of the premises may lead to disciplinary sanctions.

The decision to exclude a pupil permanently should only be taken:

• in response to a serious breach or persistent breaches of the place of learnings behaviour policy; and

• where allowing the child or young person to remain in the place of learning would seriously harm the education or welfare of the others such as staff or other children and young people

Standard of Proof

The head’s decision to exclude must be taken on the ‘balance of probabilities.’ That means that it is more likely than not that the child or young person did what they are accused of.

This means that the head teacher should accept that something happened if it is more likely that it happened than that it did not happen.

What a headteacher's duties are when excluding:

They must, without delay, notify parents of the period of the suspension or permanent exclusion and the reason(s) for it.

When headteachers suspend or permanently exclude a child or young person, they must also notify the local authority, without delay. Legislative changes mean that this must be done regardless of the length of a suspension.

For a suspension of more than five ‘school’ days, the governing board must arrange suitable full-time education for any child or young person of compulsory school age.

For permanent exclusions, the local authority must arrange suitable full-time education for the child or young person to begin from the sixth ‘school’ day after the first day the permanent exclusion took place.

For any permanent exclusion, headteachers should take reasonable steps to ensure that work is set and marked for the child or young person during the first five ‘school’ days.

Exclusion and SEND

Children and young people with SEND are overrepresented in exclusion statistics. Head teachers should look to provide extra support to these children and young people to try and reduce the risk of exclusion.

“The governing board must also comply with their statutory duties in relation to pupils with SEN when administering the exclusion process, including using their ‘best endeavours’ to ensure the appropriate special educational provision is made for pupils with SEN”

Suspension and Permanent Exclusion from maintained schools, academies and pupil referral units in England, including pupil movement, 2023 – Pg. 10

“If reasonable adjustments have not been made for a pupil with a disability that can manifest itself in breaches of school rules if needs are not met, a decision to exclude may be discriminatory.”

Exclusion from maintained schools, academies and pupil referral units in England 2017 Pg. 10

Exclusion and EHCP’s

If a place of learning is concerned about a child/young person with an EHCP being at risk of permanent exclusion they should call an early review of the plan to see if the placement is still working, if the needs and provision are still correct, if a new needs assessment is necessary and what support there is from outside agency’s including the Local Authority.

“Where a pupil has an EHC plan, schools should contact the local authority about any behavioural concerns at an early stage and consider requesting an early annual review prior to making the decision to suspend or permanently exclude.”

Suspension and Permanent Exclusion from maintained schools, academies and pupil referral units in England, including pupil movement, 2023 - Pg 23