Pupil exclusion from school

Exclusion is when a pupil is not allowed to attend school for a fixed term or permanently because it has been decided by the head teacher that the pupil has very seriously broken the school rules.

There are different types of exclusion. These are as follows:

• Fixed term exclusion - this is when a headteacher excludes a pupil for a fixed period, ranging from half a school day up to a maximum of 45 school days during the school year. The pupil can return to school at the end of the exclusion period
• Permanent exclusion – this is when the headteacher decides that the pupil cannot return to the school
• Lunchtime exclusion - this is when a pupil is excluded from school during the lunchtime period. Lunchtime exclusions are equivalent to a half-day exclusion and these may not total more than 90 during the school year.

How parents are informed about exclusions

The school will inform a parent about their child’s exclusion as soon as possible. This will normally be by a telephone call followed by a letter from the headteacher which will explain the following:

• the reasons for the exclusion
• whether the exclusion is for a fixed term or permanent
• the arrangements for the child’s education to continue during the exclusion
• the parents’ right to put their case to the School’s governing body
• who to contact if parents wish to present their case and the last accepted date for doing this
• the return date to school if the exclusion is for a fixed term
• that parents have the right to see their child’s school record.

Multiple exclusions

A headteacher can exclude a pupil more than once. This can be for a number of fixed periods and the total number of school days cannot exceed 45 in any school year. When the number of days a pupil is excluded exceeds 15 days in a school term, the school must arrange for the governing body’s Pupil Discipline Committee to review the matter.

Parents’ right to state their case

Parents have the right to state their case to the school governing body’s pupil discipline committee. This is called making a representation. To do this, the parent should let the clerk know within six days of receiving the headteacher’s exclusion letter.

The Pupil Discipline Committee will meet to consider the child’s exclusion. The parents and the child have the right to attend the meeting and state their case. They can also bring a friend, advisor or legal representative. If the parents cannot attend the meeting, they can state their case in writing.

The pupil discipline committee

In the case of a fixed term exclusion, the Pupil Discipline Committee can decide that the pupil can return to school before the end of the original period of exclusion.

If a pupil has already returned to school, the Pupil Discipline Committee can decide that the exclusion was inappropriate and its decision will be recorded on the pupil’s school record.

In the case of a permanent exclusion, the Pupil Discipline Committee can decide that the pupil should be reinstated immediately or after a further period of exclusion.

Challenging the pupil discipline committee’s decision

In the case of a fixed term exclusion, the decision of the Pupil Discipline Committee cannot be challenged.

In the case of permanent exclusion, parents can appeal to an independent panel that will review the Pupil Discipline Committee’s decision. The appeal must be in writing explaining the grounds on which it is being made.

The independent appeal panel has the authority to do one of the following in each case:

• confirm the exclusion of the pupil, or
• uphold the appeal and reinstate the pupil at the school, or
• uphold the appeal but not reinstate the pupil at the school.

The decision of the independent appeal panel is final.

Educating a child during an exclusion

When a pupil is excluded it is the school’s responsibility to continue to provide their education. To do this, the school will normally set work for the pupil to complete at home. If the exclusion is for more than fifteen days then the local education authority will provide full-time education after the 15th day. In cases where a pupil returns to the school after a long period of exclusion, the headteacher along with the parents and the Local Education Authority will plan how best to support the pupil’s return to school.

Education after permanent exclusion

The Local Education Authority will arrange for the pupil to attend the Pupil Referral Unit. The Pupil Referral Unit provides education to children who do not currently attend a school. The staff at the Pupil Referral Unit will support and advise parents applying for their child's admission to another school or will put together an individual programme of study.

Further advice

For further advice and guidance on school exclusions, please contact the following organisations:

Pupils Services
3rd Floor, Town Hall
Mulberry Place
5 Clove Crescent
London E14 2BG

Tel: 020 7364 5006
E-mail: pupil.services@towerhamlets.gov.uk

Tower Hamlets Parents' Advice Centre
SEN Centre
85 Harford Street
London E1 4PY

Tel: 0207 364 6489
E-mail: thpac@hotmail.com

Advisory Centre for Education (ACE) Ltd
1c Aberdeen Studios
22 Highbury Grove
London N5 2DQ

ACE Exclusion Helpline: 020 7704 9822
Website: www.ace-ed.org.uk

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