Exclusions Frequently Asked Questions

In exceptional cases, where additional evidence has come to light, a suspension/fixed-term exclusion may be extended or converted to a Permanent exclusion.

The Department for Education exclusions guidance says:

1. 10 The law does not allow for extending a suspension or ‘converting’ a suspension into a permanent exclusion. In exceptional cases, usually where further evidence has come to light, a further suspension 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 suspension.

Even though your child is not allowed on the school premises, they still should be receiving education. Schools should take reasonable steps to set and mark work for the first five days of any exclusion.

If no work has been sent home, contact the school and ask for some. Many schools have work available to pupils on the school's website. Any work set should be accessible and achievable to pupils outside school. During the first five days of an exclusion you are responsible for your child's whereabouts. You must make sure they are not in a public place during school hours.

The DFE Exclusion guidance does state that schools should have a strategy for reintegrating excluded pupils. If you haven’t been offered a meeting, it may be sensible to ask for one, particularly if your child has SEN or the exclusion is part of a wider pattern of poor behaviour.

Schools can consider a range of measures to support the pupil’s reintegration and to consider preventative measures, such as:-

• Daily contact with a designated pastoral professional in-school
• Mentoring by a trusted adult or a local mentoring charity
• Implementing early intervention measures
• Reviewing and amending One Planning
• Involving outreach services and agencies for external support
• Informing the pupil, parents and staff of potential external support

The Department for Education exclusions guidance says:

1. The reintegration strategy should be clearly communicated at a reintegration meeting before or at the beginning of the pupil’s return to school. During a reintegration meeting, the school should communicate to the pupil that they are valued, and their previous behaviour should not be seen as an obstacle to future success. Where possible this meeting should include the pupil’s parents. However, it is important to note that a pupil should not be prevented from returning to a mainstream classroom if parents are unable or unwilling to attend a reintegration meeting. To ensure ongoing progress, the strategy should be regularly reviewed and adapted where necessary throughout the reintegration process in collaboration with the pupil, parents, and other relevant parties.

It may be a formal internal process within the school but is not a legal exclusion, so exclusions legislation and guidance does not apply. There is no statutory maximum period for internal exclusion but, if a school is regularly using internal exclusions, it should look at the pupil's learning and behaviour needs.

The Department for Education's Behaviour in schools guidance (publishing.service.gov.uk) says that removal from a classroom should be used for the following reasons:

• to maintain the safety of all pupils and to restore stability following an unreasonably high level of disruption;
• to enable disruptive pupils to be taken to a place where education can be continued in a managed environment; and
• to allow the pupil to regain calm in a safe space.

The DFE Behaviour in Schools guidance says:-

80. Removal from the classroom should be considered a serious sanction. It should only be used when necessary and once other behavioural strategies in the classroom have been attempted, unless the behaviour is so extreme as to warrant immediate removal. Parents should be informed on the same day if their child has been removed from the classroom. As with all disciplinary measures, schools must consider whether the sanction is proportionate and consider whether there are any special considerations relevant to its imposition (see paragraphs 51 and 55 - 59).

Lunchtime exclusions are normally used when a child's behaviour is unacceptable in the playground or dining area. It is expected that these exclusions will be used for short periods of time only and that plans are put in place to address need, improve behaviour and support the child in these periods. An exclusion that takes place over lunchtime would be counted as half a school day.

The Department for Education exclusions guidance says:

A suspension can also be for parts of the school day. For example, if a pupil’s behaviour at lunchtime is disruptive, they may be suspended from the school
premises for the duration of the lunchtime period. The legal requirements relating to the suspension, such as the headteacher’s duty to notify parents, apply  in all cases. Lunchtime suspensions are counted as half a school day in determining whether a governing board meeting is triggered

No. All exclusions must follow the correct procedure and be recorded as exclusions. It is unlawful just to send a child home to “cool off” even if parents or carers agree.

Read our information on Unlawful Exclusions

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.

Speak to the Head Teacher as soon as you are told about the exclusion, (as this is not formally agreed until the governing body has considered) 

When the governing body meets to consider the exclusion, this is your opportunity to ask any questions about how or why the decision was made. Read our information on What Can you Do if You Don't Agree

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.  Read our information on Independent Review Panel

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. 

Yes, maintained schools (Not Academies) have the power to direct a pupil to off-site provision in order to improve their behaviour. Parents must be given clear information about the placement: why, when, where, and how it will be reviewed. Pupils at Academies may be educated off-site if parents agree.

The Department for Education exclusions guidance says:

1. Any use of AP should be based on an understanding of the support a child or young person needs in order to improve their behaviour, as well as any SEND or health needs. Off-site direction may only be used as a way to improve future behaviour and not as a sanction or punishment for past misconduct. Off-site direction should only be used where in-school interventions and/or outreach have been unsuccessful or are deemed inappropriate and should only be used to arrange a temporary stay in AP.

For further information read IPSEA - Directing Pupils Off Site

The law states that a ‘suitable education’ must be provided, in most cases this will be by a school or alternative provision.

If you choose to provide a suitable education yourself this is known as Elective Home Education or EHE and it is your right to request this.

A Request for Support is an approach for pupils whose needs and circumstances have made them more vulnerable in their education setting. Schools will have already identified pupils that require a graduated approach by providing intervention/support and involving wider services. 

A coordinated approach is required to provide a suitable education, in some cases intervention from an Essex Pupil Referral Unit may be appropriate to consider.  

Typical pupils may not be accessing full-time provision due to social and emotional factors, and/or struggle to learn in their current environment.  

An Essex PRU may be able to offer the following support: 

• Advice and Guidance 
• In school support from an Essex PRU Outreach Service including qualified teachers / family support  
• Split provision between host school and Essex PRU, with further agreed assessment criteria to be met 
• Specific interventions and small group work  
• Short term placement at a PRU with agreed return to mainstream 
• Longer Term placement (3 terms maximum) with agreed reintegration to mainstream 

When a pupil is at risk of permanent exclusion, schools are encouraged to work collaboratively with the Local Authority (LA) and alternative providers to explore a more positive outcome such as Request for Support or alternative education. 

The Essex Pupil Referral Units support the four quadrants of Essex: 

• North-East - North-East Essex Cooperative Academy (NEECA), Keys Cooperative Academy Trust 
• Mid - Heybridge Co-operative Academy (HCA), Keys Cooperative Academy Trust 
• South – Children's Support Services, (CSS South)  
• West - Moundwood Academy, (Beckmead Trust) 

Further information links:-

What's a PRU to you? Busting the myths about alternative provision - Special Needs Jungle

What is a pupil referral unit? | TheSchoolRun

Initially your child will probably be given a place in a pupil referral unit or other alternative provision. You may be happy for them to remain there for a while so their needs can be assessed or you may wish to try to find a place in a new school as soon as possible.

You can apply for a school yourself under the normal admissions system and in most cases appeal if the school is full.

There are some cases when a school may refuse admission even if it has places available. These are:

• twice permanently excluded children within two years of the last exclusion
• children with challenging behaviour making in-year admissions. Schools must refer this to the local authority to be dealt with under FAP.

 The fair access protocol (FAP) is a local agreement for getting children without a school place back into school as quickly as possible. The protocol must also cover provision for children who are not yet ready to go back into mainstream schooling. Permanently excluded children will be covered by this. Children can be placed under the FAP even if a school is full.

Pupils can be excluded for behaviour outside school, this may include behaviour on school trips, on the way to and from school and behaviour which may bring the school into disrepute. Cyber-bullying which takes place out of school may also lead to an exclusion.

The SEND Code of Practice 2015 says nurseries and schools must:

“Ensure that children and young people with SEN engage in the activities of the school alongside pupils who do not have SEN (5.6 and 6.2) and a school SEN Information Report must include how children and young people with SEN are enabled to engage in activities with children and young people in the school who do not have SEN.” (6.79).

Section 35 of the Children and Families Act 2014 says that schools and nurseries can only exclude a child from activities if:

• it is not reasonably practicable for them to be included
• being included would prevent them from receiving the support they need or
• being included would prevent the efficient education of other children or the efficient use of resources.

The Act does not override health and safety legislation. A school may carry out a risk assessment to ensure all pupils on the trip remain safe.

The Equality and Human Rights commission have some useful guidance about making ‘reasonable adjustments’ for disabled pupils.