Suspensions and Exclusions - Frequently Asked Questions

To download the one minute guide click on the below

Exclusion and the Law - what happens when a child is excluded or is at risk of exclusion part 1 

Exclusion and the Law - what happens when a child is excluded or is at risk of exclusion part 2

The Department of Education recognises that “school exclusions, managed moves and off-site direction are essential behaviour management tools for headteachers and can be used to establish high standards of behaviour in schools and maintain the safety of school communities.”  https://www.gov.uk/government/publications/school-exclusion

There is no list of set behaviours for which a pupil can and cannot be excluded, and the decision to exclude lies with the head teacher. Head teachers can only exclude a pupil for a disciplinary reason (e.g. because their behaviour violates the school’s behaviour policy). They cannot, for example, exclude a pupil for academic performance/ability, or simply because they have additional needs or a disability that the school feels it is unable to meet. A head teacher can exclude for behaviour outside of school, or for repeatedly disobeying academic instructions.

You have the right to contact the school’s governing board. The means to do this should be set out in the suspension letter you will receive.

A permanent exclusion means the head teacher believes that the school can no longer meet the needs of your child and your child will not be allowed back at the school.

The head teacher’s decision is reviewed at a meeting by a panel of governors. This will be within 15 school days of the date of the permanent exclusion. You and your child have the opportunity to have your say at that meeting and you may be represented by someone who can speak on your behalf or you can be supported by a friend if you wish. If the governors agree with the head teacher’s decision to permanently exclude your child, you have  a legal right to a review by an Independent Review Panel.

Schools have a duty under the Equality Act 2010 not to discriminate against pupils on the basis of protected characteristics, such as disability or race, including in all stages of the exclusion process. You can raise this issue during the meeting with the Governing Body. If the Governing Body decides not to reinstate your child, you can request an independent review panel to review the Governing Body’s decision. You can ask for a Special Educational Needs (SEN) expert to attend the hearing to advise the panel on how SEN might be relevant to the exclusion.

School should not ask you to do this.  ‘Informal’ or ‘unofficial’ exclusions, such as sending pupils home ‘to cool off’, are not allowed, even if they are with the agreement of parents. Any exclusion of a pupil, even for short periods of time, must follow the formal exclusion process. Parents should only pick their child up if the school has issued a suspension or permanent exclusion.

This would depend on the situation. Normally we would suggest the school try a multi-agency approach to seeking support. The school should be able to identify whether there are any other agencies who could help to identify the reasons for your child’s behaviour and/or be involved in helping to improve their behaviour. Schools should consider if there is a need to request an EHC assessment or a review of your child’s current package of support.

You can make all the difference in getting your child back on track and helping them to be successful. You know your child best after all. Let the school know what strategies you use at home and what seems to work for your son or daughter. If you are in any way worried about how your child might behave (for example, something may have happened out of school which has upset them), keep the school informed.

No. The law does not allow for extending a suspension or ‘converting’ a suspension into a permanent exclusion. If new information comes  to light, a further suspension may be issued to begin immediately after the first period ends; or a permanent exclusion may be issued to begin immediately after the end of the suspension.

When a head teacher excludes your child, they must without delay let you know the type of exclusion and the reason(s) for it. They must also, without delay, provide you with the following information in writing:

• the reason(s) for the exclusion;
• the length of the exclusion;
• your  right to put forward their case about the exclusion to the Governing Body, how you should go about doing this and how your child can be involved;
• when relevant, what alternative provision will be provided.

Raise your concerns with the Headteacher and governing body and they will be able to support you.

If you believe your child is not safe due to the actions of an adult in the school then you should contact the Local Authority Designated Officer (LADO) on 01234 276 693 or via secure email: Lado@bedford.gov.uk

 Schools have the power to send a pupil to another education provider at a different location to improve their behaviour without the parents having to agree. A school can also transfer a pupil to another school – a process called a ‘managed move’ - if they have the agreement of everyone involved, including the parents and the admission authority for the new school. Schools cannot force a parent to remove their child permanently from the school or to keep their child out of school for any period of time without formally excluding. The threat of exclusion must never be used to influence parents to remove their child from the school.

Schools should take reasonable steps to set work for your child during the first five days of a suspension. From the sixth day, suitable full-time education must be arranged by the school. If you wish to raise a concern about lack of, or the quality of, education arranged you should follow the school’s official complaints procedure.

In the case of a permanent exclusion, arranging suitable full-time education is the duty of the local authority. If you wish to raise a concern about lack of, or the quality of, education following a permanent exclusion you should complain to the local authority.

This is a decision for the school. Neither the school nor the local authority is legally required to arrange for an excluded pupil to take a public examination or national curriculum test that occurs during the exclusion, although some may choose to arrange for this, either on school premises or elsewhere. If you have concerns about your child missing a public examination or national curriculum test, raise these with the school.

For the first five school days of any exclusion, parents must ensure that their child of compulsory school age is not in a public place during school hours without very good reason. Parents must also ensure that their child attends any new full-time education provided from the sixth day of exclusion (unless they have arranged suitable alternate education themselves

Yes. A pupil cannot be excluded for more than 45 school days in one school year. This means they cannot have one fixed-period exclusion of 46 school days or more; and also they cannot have lots of shorter fixed-period exclusions that add up to more than 45 school days. This is true even if these exclusions have been given in different schools.

Lunchtime exclusions - where pupils are excluded from school over the lunch period because this is when their behaviour is a problem - are counted as half a day.

Yes. A pupil cannot be excluded for more than 45 school days in one school year. This means they cannot have one fixed-period exclusion of 46 school days or more; and also they cannot have lots of shorter fixed-period exclusions that add up to more than 45 school days. This is true even if these exclusions have been given in different schools.

Lunchtime exclusions - where pupils are excluded from school over the lunch period because this is when their behaviour is a problem - are counted as half a day.

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