Exclusion from school: the national guidance and good practice

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Exclusion from school the national guidance and
good practice

• ITE Resource for Multiverse
• Louise Gazeley

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National guidance

• The guidance covering the exclusion of pupils
  from schools has been updated several times, most
  recently in 2007. It can be found at
  http//www.dcsf.gov.uk/schoolattendance/uploads/Pu
  blications20Improv20BehaviourAtt20ExcPRUs.pdf
• It covers mainstream schools and Pupil Referral
  Units. Although it does not apply to other
  educational providers such as City Academies,
  these should follow similar rules.
• There is an expectation that schools will follow
  the guidance unless there is good reason not to
  do so
• Legislation covering other aspects of schooling
  also applies in the area of disciplinary
  exclusion

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Prevention

• Within the guidance there is an emphasis on early
  intervention and prevention
• Alternatives to exclusion include
• Internal exclusion
• Mediation
• Restorative justice
• Off site provision such as college placements and
  work experience
• Pastoral Support Plans are useful as they set out
  the nature of a pupils difficulties and how they
  are to be addressed

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School behaviour policies

• Schools must have policies, procedures and
  staff training in place that promote good
  behaviour and prevent poor behaviour
• Schools must apply their behaviour policies in a
  consistent, rigorous and non-discriminatory way
  and all areas of this application must be
  monitored routinely to satisfy legal requirements
  under race, disability and gender discrimination
  law.
• (DCFS, 2007, page 6)

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Decisions to exclude a pupil

• The Head Teacher should consider whether it is
  more probable than not that a pupil did what has
  been alleged.
• Decisions to exclude a pupil should not be taken
  in the heat of the moment
• The Head Teacher should also
• Check that there has been a through investigation
• Allow the pupil to give their version of events
• Check if there was provocation
• Consider all the evidence
• Consult with others (but not anyone who might
  have to review the decision at a later stage)
• Ensure that there is a written record of the
  actions taken
• Take account of statutory duties to promote
  equality

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Permanent exclusion

• Is to be used as a last resort, when all other
  strategies to address a pupils behaviour have
  failed
• In exceptional circumstances a pupil may be
  permanently excluded for a first offence eg
  serious actual or threatened violence or
  supplying an illegal drug
• A managed move can take place as an alternative
  to permanent exclusion but all parties must
  consent
• Schools should have local agreements to share
  out permanently excluded pupils so that no one
  school is disadvantaged
• The threat of permanent exclusion should not be
  used to pressure a parent into removing a pupil
  from a school

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Fixed Term exclusions

• Must be for a specified period
• Should be for as short a period as possible -
  between one and three days is recommended
• Pupils can not exceed 45 days of exclusion in any
  one school year. This limit applies to the pupil,
  not to their place of education. For this reason,
  longer periods of exclusion increase the risk of
  permanent exclusion.

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Lunch time exclusions

• Count as half day exclusions
• Should not be for an indefinite period
• Should take account of a pupils age
• Arrangements should be made for pupils who are in
  receipt of Free School Meals to be provided with
  a packed lunch

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Unofficial exclusions

• It is against the law to send a pupil home from
  school for disciplinary reasons without formally
  excluding them - even if a Parent or Carer
  consents
• Parents must be informed about all exclusions in
  writing
• Local Authorities must challenge a school if it
  is found to have excluded a pupil unofficially
• Even if professionals think they are acting in
  the best interests of a pupil, to send them home
  without formally excluding them would constitute
  an unofficial exclusion

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Entitlement to education

• 2. Under section 7 of the Education Act 1996,
  parents are responsible for making sure that
  their children of compulsory school age receive
  efficient full-time education that is suitable to
  the childs age, ability and aptitude and to any
  special educational needs the child may have.
  This can be by regular attendance at school,
  alternative provision, or by education otherwise
  (e.g. the parent can choose to educate their
  child at home).
• 3.The Departments Circular 7/90 Management of
  the School Day suggests the following recommended
  minima for weekly taught time
• 21 hours for pupils aged 5-7 years (key stage 1)
• 23 hours and 30 minutes for pupils aged 8-11
  years (key stage 2)
• 24 hours for pupils aged 12-13 years (key stage
  3)
• 25 hours for pupils aged 14-16 years (key stage
  4)
• Taught time does not include breaks,
  registration or acts of collective worship.
  (DCFS, 2008, page 2)

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6th Day Provision

• Schools must provide appropriate work for the
  pupil to do at home during the first days of any
  exclusion
• Schools must ensure that all pupils who are
  excluded from school access education from the
  6th day of any fixed term exclusion
• Local Authorities must ensure that permanently
  excluded pupils are provided with education from
  the 6th day of any permanent exclusion
• The parent of any pupil found to be in a public
  place without justification in school hours,
  during the first five days of exclusion, can be
  issued with a fixed penalty notice

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Re-integration Interviews

• There should be a reintegration interview for all
  Secondary age pupils following a period of more
  than 6 days exclusion and for all Primary age
  pupils following any period of exclusion
• The interview should be arranged at a time when
  it is convenient for the parent to attend
• The period of exclusion can not be extended if
  the parent does not attend
• The failure of a parent to attend may be
  considered in any application for a Parenting
  Order

13
Appeals

• School governors review exclusions and should
  ensure that procedures have been followed
  correctly
• Parental access to governors is linked to the
  number of days of exclusion
• In the case of a permanent exclusion, parents
  have the right to set out in writing the grounds
  for an appeal and to be heard at an independent
  appeals panel
• An exclusion can be overturned and a pupil
  re-instated
• Middle class parents are more likely to use the
  appeals process
• ACE is a national charity that provides parents
  with information and advice on exclusion

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Children in Care

• Schools are expected to proactively support
  Foster Carers and the Local Authority (in its
  capacity as corporate parent) by doing everything
  possible to avoid the exclusion of Children in
  Care
• The Designated Teacher at the school should play
  a lead role in ensuring that all those involved
  in supporting Children in Care are involved in
  working to prevent their exclusion
• It is recommended that alternative education
  should be provided for Children in Care from the
  first day of any exclusion

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Disability Discrimination

• The definition of the term disability is not the
  same as that of the term Special Educational Need
  (SEN)
• Under the Disability Discrimination Act 1995
  schools have a legal duty not to discriminate
  against pupils by excluding them because of
  behaviour that is related to a disability
• Pupils with a Statement of SEN should only be
  permanently excluded in exceptional circumstances

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Race Equality

• Under the Race Relations Amendment Act 2000
  schools have a general duty to eliminate unlawful
  racial discrimination and promote equality of
  opportunity and good relations between people
  from different racial groups
• Schools should train all staff and governors to
  recognise how their own perceptions and values
  affect their interaction with Black and Minority
  Ethnic pupils
• Schools must monitor the effect of their
  behaviour policies on pupils from different
  ethnic groups to ensure that there is no
  discrimination, particularly in the use of
  recorded exclusion.

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Every Child Matters

• Every Child Matters requires that all
  professionals who work with children promote
  their
• health
• safety
• educational achievement
• contribution to society
• economic well-being
• These duties extend to pupils who are excluded
  from
• school