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The Department for Education Suspensions and Permanent Exclusion Guidance:-

7. Where suspensions are becoming a regular occurrence for a pupil, headteachers and schools should consider whether suspension alone is an effective sanction for the pupil and whether additional strategies need to be put in place to address behaviour. 

 

20. Any exclusion of a pupil, even for short periods, must be formally recorded. It would also be unlawful to exclude a pupil simply because they have SEN or a disability that the school feels it is unable to meet, or for a reason such as, academic attainment/ability; or the failure of a pupil to meet specific conditions before they are reinstated, such as to attend a reintegration meeting.  If any of these unlawful exclusions are carried out and lead to the deletion of a pupil’s name from the register, this is known as ‘off-rolling’.

 

An informal or unofficial exclusion, such as sending a pupil home ‘to cool off’, is unlawful when it does not follow the formal school exclusion process and regardless of whether it occurs with the agreement of parents.  

 

This guidance accompanies the Department for Education Behaviour in Schools Guidance 

The Suspension & Permanent Exclusion 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 and the use of more significant interventions or sanctions are required.

A suspension or fixed term exclusion means that there is an exclusion for a certain number of days. 

Suspension for up to 5 days

The Head Teacher must tell parents (initially by phone or in person) why the pupil has been excluded/suspended and for how long. This must be done without delay.

They must write to parents with this information and also explaining that they have right to make representations about the suspension and how to do this.  You should put your views and comments on the exclusion in writing

There is no requirement for the governors to meet with you for a suspension that is 5 days or less but they must 'consider' your representations. 

Some key points to consider:-

  • The Head Teacher has the ability to cancel an exclusion before the governing board has met to consider whether the pupil should be reinstated. If this happens, the governing board, the local authority and if relevant, the social worker and Virtual School Head must be notified.
  • The Head Teacher must tell the LA without delay about the suspension, however short
  • The Head Teacher must tell the governors if an external exam or National Curriculum test would be missed or if the total days excluded in that term are more than 5. (The maximum number of days in a school year for which a child can be given fixed-term exclusions is 45.) 
  • 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 suspension – in both cases, without delay.
  • For a child with SEN, it is unlawful to extend the fixed term exclusion because the school are unable to meet the child or young person's needs.  The school must look at putting the required support in place.
  • 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.
  • Once the suspension has ended, the child must be allowed back (unless further evidence has been found). 
  • In exceptional cases, where additional evidence has come to light, a suspension/fixed-term exclusion may be extended or converted to a Permanent exclusion.

Alternative Provision

School must take reasonable steps to set and mark work for the first five days of a period of exclusion.

 

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.

 

If it’s not possible to arrange alternative provision during the first five school days of an exclusion, schools should take reasonable steps to set and mark work for pupils.

 

All work provided should be something that can be done by pupils outside of school.

Suspension for 5 to 15 days

The Head Teacher must notify the Governors any exclusion which result in the pupil being excluded for more than 5 school days (or more than 10 lunchtimes).  They must also:-

  • Write to parents with this information and also explaining that they have right to make representations about the suspension and how to do this.
  • Inform the Governors and local authority.
  • You can request a meeting if the total days excluded is between 5 and 15 or over 15 - the Head Teacher must inform the governors if a parent has requested a meeting
  • Tell the Governors if an external exam or National Curriculum test would be missed or if the total days excluded in that term is over 15.  (The maximum number of days in a school year for which a child can be given fixed-term exclusions is 45)
  • The Head Teacher has the ability to cancel an exclusion before the governing board has met to consider whether the pupil should be reinstated. If this happens, the governing board, the local authority and if relevant, the social worker and Virtual School Head must be notified.
  • 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 suspension – in both cases, without delay.  
  • For a child with SEN, it is unlawful to extend the fixed term exclusion because the school are unable to meet the child or young person's needs.  The school must look at putting the required support in place.
  • 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.
  • Once the suspension has ended, the child must be allowed back (unless further evidence has been found). 
  • In exceptional cases, where additional evidence has come to light, a suspension/fixed-term exclusion may be extended or converted to a Permanent exclusion.

Entitlement to alternative education

School must take reasonable steps to set and mark work for the first five days of a period of exclusion.

 

Governors must arrange suitable, full-time education for any pupil of compulsory school age.  (Unless the pupil is suspended from a pupil referral unit, in which case the local authority must arrange.)

 

This provision must begin no later than the sixth day of the exclusion but they should try to start this provision as soon as possible.

 

If a child has more than five consecutive school days of suspension, then education must be arranged for the sixth school day of suspension, regardless of whether this is because of one decision to suspend the pupil for the full period, or multiple decisions to suspend the pupil for several periods in a row.

 

The governing board should ensure that there are clear processes in place to comply with its legal duty to arrange suitable full-time educational provision for pupils of compulsory school age from the sixth consecutive school day of a suspension. This includes:

 

  • Checking that there is a process in place for the governing board to assure itself that the education provided is suitable and full-time.
  • Quality assuring provision and ensuring that any previous placements have been evaluated, including support for any SEND the pupil may have.
  • Checking whether there is a process in place to monitor the pupil’s attendance and behaviour at the provision.
  • Checking whether the correct attendance code is being used.
  • Checking whether the pupil’s child protection file and any other information relevant to the pupil’s safeguarding and welfare has been securely transferred to their new setting as early as possible, in line with, Keeping children safe in education 2024 (publishing.service.gov.uk)

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.

 

If it’s not possible to arrange alternative provision during the first five school days of an exclusion, schools should take reasonable steps to set and mark work for pupils.

 

All work provided should be something that can be done by pupils outside of school.

Suspensions for over 15 days

The maximum number of days in a school year for which a child can be given a suspension is 45.

The Head Teacher must tell parents (initially by phone or in person) why the pupil has been excluded/suspended and for how long. This must be done without delay.  They must also:-

  • Write to parents with this information and also explaining that they have right to make representations about the suspension and how to do this.
  • Inform the Governors and local authority
  • Tell the Governors if an external exam or National Curriculum test would be missed 
  • 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 suspension – in both cases, without delay.  
  • School must take reasonable steps to set and mark work for the first five days of a period of exclusion

The Governors must:-

  • Must meet and consider and decide on reinstatement within 15 days of receiving the notice of the exclusion
  • If the suspension would bring the pupil’s total number of school days out of school to be more than 15 in a term or 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.
  • If a child or young person receives a suspension/fixed term exclusions in one school year exceeding 45 days in total, they may be permanently excluded.

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.

Entitlement to alternative education

Governors must arrange suitable, full-time education for any pupil of compulsory school age.  (Unless the pupil is suspended from a pupil referral unit, in which case the local authority must arrange.)

 

This provision must begin no later than the sixth day of the exclusion but they should try to start this provision as soon as possible. The governing board should ensure that there are clear processes in place to comply with its legal duty to arrange suitable full-time educational provision for pupils of compulsory school age from the sixth consecutive school day of a suspension. This Includes:

 

  • Checking that there is a process in place for the governing board to assure itself that the education provided is suitable and full-time.
  • Quality assuring provision and ensuring that any previous placements have been evaluated, including support for any SEND the pupil may have.
  • Checking whether there is a process in place to monitor the pupil’s attendance and behaviour at the provision.
  • Checking whether the correct attendance code is being used.
  • Checking whether the pupil’s child protection file and any other information relevant to the pupil’s safeguarding and welfare has been securely transferred to their new setting as early as possible, in line with Keeping children safe in education: information for all school and college staff (publishing.service.gov.uk)

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.

 

If it’s not possible to arrange alternative provision during the first five school days of an exclusion, schools should take reasonable steps to set and mark work for pupils.

 

All work provided should be something that can be done by pupils outside of school.

 

What to expect at a Reintegration Meeting

What is a reintegration meeting?
A reintegration meeting usually takes place before your child returns to school after a suspension (fixed‑term exclusion). The purpose of the meeting is to help your child settle back into school safely and positively, and to agree any support needed going forward.

Schools should have a strategy for reintegrating pupils after a suspension/fixed term exclusion.  At this meeting it is important to look at how you, your child and the school can all work together to try to avoid problems in the future.

Who will attend

The meeting is usually attended by:

  • You as the parent/carer
  • Your child or young person (where appropriate)
  • A school representative (often the Headteacher, Deputy Head or another senior member of staff)

What will be discussed

During the meeting, the school should:

  • Talk through what led to the suspension, in a calm and respectful way
  • Give you and your child the opportunity to share your views
  • Discuss any worries or concerns about your child returning to school
  • Consider whether any support, adjustments or strategies are needed
  • Agree clear expectations for behaviour going forward

Those affected are invited to share what has happened, what the impact on them has been and what needs to happen to put things right or to make things better in the future.

You can ask whether your child could have a restorative conversation with any member of staff or other child involved in the incident that led to the suspension. Staff trained in using this approach use restorative language and questions to allow children and young people to understand the impact of their behaviours.

It states in the DfE Suspension & Exclusion Guidance 20 'It would also be unlawful to exclude a pupil simply because they have SEN or a disability that the school feels it is unable to meet, or for a reason such as, academic attainment/ability; or the failure of a pupil to meet specific conditions before they are reinstated, such as to attend a reintegration meeting'.  This means that whilst it is good practice that a reintegration meeting takes place, the child should return to school at the end of the suspension period. 

If you have not been offered a meeting

If you have not been offered a meeting, you can ask the school for one to help your child to return to school successfully.  You may wish to ask for extra help for your child to address any difficulties in school and consider evaluating and reviewing any SEN support in place. 

How to prepare for a meeting

Before the reintegration meeting, it can help to think about the following:

  • Take time to gather your child or young person’s views.
    Understanding how they feel is an important part of helping you, your child and the school work together to reduce the risk of difficulties in the future.  You can download our 'views sheets' from Printable Resources to help you record your child's thoughts and experiences of school in a way that works for them. 
  • Check whether One Planning reflects your child’s current needs
    Think about whether your child’s One Plan accurately reflects their needs and whether any new or additional support should now be included.

  • Think about what may have contributed to the behaviour
    Consider whether there were any triggers, stressors or underlying issues that may have influenced your child’s behaviour. These should be shared with the Head Teacher so they can be properly considered.

  • Discuss reasonable adjustments
    Talk about any reasonable adjustments that could help prevent similar issues in the future. Any adjustments that are agreed should be written down, monitored and reviewed through One Planning 

  • Explore alternative approaches for the future
    There may be alternative options the school can consider if difficulties arise again, such as:

    • Alternative education provision
    • Off‑site direction
    • A managed move

    These preventative options are outlined in the Suspension and permanent exclusion guidance p19.  

Read our information on Supporting Challenging Behaviour  

The Department for Education Behaviour in Schools Guidance  states:-

 

58. Schools should consider whether a pupil’s SEND has contributed to the misbehaviour and if so, whether it is appropriate and lawful to sanction the pupil. In considering this, schools should refer to the Equality Act 2010 and schools guidance.

 

59. The school should also consider whether any reasonable adjustments need to be made to the sanction in response to any disability the pupil may have. It is also important for the schools to seek to try and understand the underlying causes of behaviour and whether additional support is needed.

Planning Future Support
If you are discussing changes to support or a new or updated One Planning, it can be helpful to take a few short notes. You can do this on your phone if that’s easiest. Many schools also use their own reintegration meeting forms. These usually record what was discussed and agreed, and you and your child may be asked to sign them.

You could ask whether:

  • One Planning - One Planning should be considered, if not already in place, to help clearly set out your child’s needs, the support that is in place, and the targets being worked towards.
  • Your child may benefit from a review of their One Plan, Behaviour Management Plan or Pastoral Support Plan.
  • Counselling and mentoring: Some schools offer access to a regular counsellor or mentor for children and young people. This support should be considered where appropriate
  • Involvement of local authority professionals: It is important that the school seeks advice and support from local authority professionals, such as an Inclusion Partner or Engagement Facilitator.
  • The school should also consider any reasonable adjustments needed to help prevent similar issues in the future.
  • Restorative approaches - You can ask whether your child could have a restorative conversation with any member of staff or other child involved in the incident that led to the suspension. Staff trained in using this approach use restorative language and questions to allow children and young people to understand the impact of their behaviours.
  • Outreach - Schools should consider targeted in‑school support (outreach) or involve external agencies for early intervention and preventative support. This may include help with behaviour management or social, emotional and mental health (SEMH) needs.
  • Team Around the Family (TAF) meeting - A Team Around the Family meeting can be arranged to bring together all professionals involved, to discuss concerns, share information, and explore alternative options and coordinated support.
  • Request an Education, Health and Care Needs Assessment - It may be helpful to consider an Education Health & Care Needs Assessment  to better understand your child’s needs and the support they may require.
  • If your child already has an EHC plan, an early review may be needed.
  • Health & Social Care Referrals  - Referrals to health or social care services may be appropriate, such as Child and Adolescent Mental Health Services (CAMHS), Children’s Social Care, or Family Solutions, depending on your child’s needs. 
Following Up

After the discussion, it’s helpful to agree what will happen next. This could be something simple, such as arranging for a member of staff to call you in a week to update you on your child’s progress. If new support has been put in place, you may want to arrange a follow‑up meeting with the SENCO in a few weeks to see how things are going.

It’s important to be clear about what has been agreed, who is responsible for each action and when it should happen. This includes anything you or your child have agreed to do as well.

Reasonable adjustments

If your child has a disability this should be taken into account when making the decision to suspend, as schools are under a duty to make reasonable adjustments to ensure that children who have a disability are not placed at a disadvantage to other pupils who don’t under the Equality Act 2010. Disability discrimination claims have to be made within 6 months of the suspension.

You can read more about Reasonable Adjustments

 

If your child has an EHC plan

If your child has an EHC plan, the school should speak to you about any concerns they have about your child’s behaviour at an early stage and discuss the support that may be necessary to prevent any future incidents.  The school should also contact the local authority and consider requesting an early annual review.

You can read our information on Preparing for an Annual Review

Learn more about the governing body duties and making representations on  What Can You do if You Don't Agree