Exclusions and Suspensions

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 unlawful practices.  

Department for Education Guidance Department for Education Suspension & Exclusion Guidance says:

Any decision of a headteacher, including suspension or permanent exclusion, must be made in line with the principles of administrative law,
i.e., that it is: lawful (with respect to the legislation relating directly to suspensions and permanent exclusions and a school’s wider legal duties); reasonable; fair; and proportionate.

 

18. Telling or forcing a pupil to leave school, or not allowing them to attend school, is a suspension (if temporary) or permanent exclusion (if permanent). Whenever a pupil is made to leave school, or forbidden from attending school, on disciplinary grounds, this must be done in accordance with the School Discipline (Pupil Exclusions and Reviews) (England) Regulations 2012 and with regard to relevant parts of this guidance.

 

29. Where necessary, schools should work with relevant staff and multi-agency organisations, such as teachers, pastoral staff, mentors, social workers, educational psychologists or the safer schools team, to identify if the pupil has any SEND and/or health needs.

 

57. 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. For those with SEN but without an EHC plan, the school should review, with external specialists as appropriate, whether the current support arrangements are appropriate and what changes may be required. This may provide a point for schools to request an EHC assessment or a review of the pupil’s current package of support.

 

Please note that the above guidance was updated September 2022 and fixed term exclusions are now called 'suspensions'.   This guidance accompanies Department for Education Behaviour in Schools  (non-statutory) guidance (2022).  The expectation is the suspension/exclusion statutory guidance should only be necessary  “when strategies, practices and interventions set out within the Behaviour in Schools guidance have not been successful in improving a pupil’s behaviour or the use of more significant interventions or sanctions are required”.  If approaches towards behaviour management have been exhausted, then suspensions and permanent exclusions will sometimes be necessary as a last resort.

Depending on what has happened only the head teacher of a school can exclude a pupil and this must be only on disciplinary grounds. This can be either for a suspension/fixed term or permanently.  

Whilst it is the head teacher who starts off the process, for an exclusion to be effective, it must be upheld by the governing body of the school. The head teacher may also withdraw an exclusion that has not been reviewed by the governing board.

Exclusion must be a last resort and schools must explore all alternative avenues before considering an exclusion.

During the exclusion they must not be in a public place or on the school premises.

Children should only be excluded if:- 

• They are in breach of the schools Behaviour Discipline Policy (you can ask the school for a copy of their Behaviour Policy and SEN Policy or look on their website)
• It would seriously harm their education or welfare or that of others if they remain at school

Children can be excluded for their behaviour outside of school in certain circumstances.

Children should not be excluded for:-

• Having a disability or special educational need (SEN) that school feel they are unable to meet.
• Not doing well with school work
• Gender, race or religion or becoming pregnant
• Parents’ behaviour

You should not be asked to keep a child at home because:

• School cannot meet their special educational needs or disabilities
• There is an Ofsted inspection or exams

If a child has special educational needs, school should be checking they are having the right support to avoid exclusion. 

If they have an Education, Health and Care Plan (EHCP) an annual review should be held if they are at risk of being excluded to discuss provision and education setting.