Suspensions

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.

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.

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.