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 The Department for Education Suspension and Permanent Exclusion Guidance states:-

(Exclusion from maintained schools, academies and pupil referral units in England units in England, including pupil
movement- Statutory guidance for those with legal responsibilities in relation to exclusion 2022) advises school leaders that:

55. Where a school has concerns about the behaviour, or risk of suspension and permanent exclusion, of a pupil with SEN, a disability or an EHC plan it should, in partnership with others (including where relevant, the local authority), consider what additional support or alternative placement may be required. This should involve assessing the suitability of provision for a pupil’s SEN or disability.

 

56. 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.

In the Department for Education publication Alternative Education, Statutory guidance for local authorities the definition of alternative provision is:

  • education arranged by local authorities for pupils who, because of exclusion, illness or other reasons, would not otherwise receive suitable education
  • education arranged by schools for pupils on a fixed period exclusion
  • pupils being directed by schools to off-site provision to improve their behaviour

The Education Access Alternative Provision Directory has a list of alternative education settings.  These settings have at least met the minimum standards set by Essex County Council.

Alternative provision usually makes up part of a child or young person’s curriculum but may, in some cases, make up their entire curriculum.  The Child/young person will remains on the roll of that school and the responsibility for delivering the full time education and all other duties in respect to the child remains with the school.

The commissioning school remains responsible for monitoring and tracking the progress of individual children.  They must also make sure that the provision is of good quality, value for money and meets the needs of the child.

Local authorities are responsible for arranging suitable full-time education for permanently excluded pupils, and for other pupils who, because of illness or other reasons, would not receive suitable education without such provision. This applies to all children of compulsory school age resident in the local authority area, whether or not they are on the roll of a school, and whatever type of school they attend. Full-time education for excluded pupils must begin no later than the sixth day of the exclusion. The Secretary of State has the power to make statutory guidance about these duties5, and local authorities must have regard to it. The current statutory guidance can be found at paragraph 28 onwards.

What is a Request for Support or a Positive Referral?

It is expected that schools have followed the graduated approach (assess, plan, do & review) and considered alternative solutions, such as outside agency/local authority professionals involvement, or applying for an Education, Health & Care Needs Assessment before considering making a positive referral or request for support to the Local Authority.  The local authority will sometimes term a positive referral a request for support.

A positive referral is a non-statutory agreement between a school and a pupil referral unit (PRU) where a pupil is placed on a fixed term or permanent placement at an alternative education unit.  Parents/ carers have to consent to a positive referral but in instances where parents/ carers refuse, it is for the school to explore an alternative option.  Positive Referrals are not subject to the same legal protection as a permanent exclusion.  However, a school may take the option of a permanent exclusion if a positive referral is not agreed. 

Sometimes a child/young person can be sent to a PRU until a new school is secured (school have to provide first 5 days education then Local Authority needs to provide education from day 6) or the child remains on school role and attends the PRU for approximately two terms then returns to school.  It could be that a mixed timetable (PRU and school) with support is considered.  Alternatively, the PRU could provide outreach support to the school.  These options can be considered by parent, child and school.