1st September 2012. New Regulations for permanent exclusion apply from September 2012, which are signficantly different from previous rules and alter the balance in favour of schools. I will publish an article on this subject as time permits.
The following relates to the old rules
- Exclusions are of two types: fixed term and permanent (expulsion).
- Parents will find excellent free advice booklets on Exclusion downloadable from the Advisory Centre for Education. These are available at ACE. The charity also offers free telephone advice.
- Parents have a right of appeal where an exclusion is for more than five days, or is permanent. A governing body committee has to meet to discuss exclusions totalling more than fifteen days in a term, or are permanent.
- Often the governors will support the headteacher.
- For a permanent exclusion parents have the right to appeal to an Independent Appeals Panel, after the governors hearing.
- The DCSF considers:
In most cases exclusion will be the last resort after a range of measures have been tried to improve the pupil’s behaviour. In schools and LEAs a range of strategies should be in place to address the bad behaviour which may lead to exclusion. Head teachers should be able to refer pupils identified at risk of exclusion, to alternative or additional provision to meet their individual needs, which could include working in partnership with other agencies. The school continues, however, to be responsible for these pupils as they are still on the school roll.
- Many pupils are properly excluded from school and I will not intervene in such cases.
- Parents will find detailed procedures here.
- Far too many children with statements of special educational need are permanently excluded from school. The above guidance states:
Other than in the most exceptional circumstances, schools should avoid permanently excluding pupils with statements. They should also make every effort to avoid excluding pupils who are being supported at School Action or School Action Plus under the Special Educational Needs Code of Practice, including those at School Action Plus who are being assessed for a statement.