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East Sussex County Council Exclusions
Guidance for Parents and Carers
This guidance was co-produced with parent/carers Created: September 2019
Due for review: September 2020
This document is general guidance for parent/carers about exclusion processes and how parent/carers, schools and the Local Authority are working together to reduce exclusion.
If your child has been excluded, section 5 on page 6 gives you links to further support information.
Contents1. What is an exclusion?.......................................................................................................3
2. Unlawful exclusions..........................................................................................................4
3. Fixed Term Exclusion - what can I expect?......................................................................5
4. Permanent exclusion - what can I expect?.......................................................................7
5. Education whilst excluded – What can I expect?..............................................................7
6. Where can I get help and advice?..................................................................................................8
Appendix 1.............................................................................................................................................9
Appendix 2...........................................................................................................................................10
Page 2 of 11ESCC Exclusions Guidance for Parents and Carers, September 2019
1. What is an exclusion?
What does school exclusion mean and when might it happen?
The word exclusion has several meanings, including a child feeling excluded from a game or friendship group.
When a school excludes your child this is a legal process, it means your child is not allowed on school premises for the length of the exclusion.
Only a head teacher can exclude a learner and any exclusion must be lawful, proportionate and fair.
Exclusion should be a last resort where there has been a serious breach (or multiple breaches) of a school’s behaviour policy.
It is best practice for the school to find an alternative to exclusion.
Page 3 of 11ESCC Exclusions Guidance for Parents and Carers, September 2019
The Department for Education says:
“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 reasons (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”.
Exclusion from maintained schools, academies and pupil referral units in England, Sept 2017, page 57
2. Unlawful exclusions
What is an unlawful exclusion?
It is not lawful for a school to tell you that they cannot meet your child’s needs so they cannot come to school, even if this is just for part of the day; your child is entitled to attend school full time.
Any exclusion, however short, must be formally recorded. A school must not send your child home early to ‘cool off’ or because ‘they aren’t coping’ – this is an unlawful exclusion.
All exclusions must be recorded as ‘e’ on the school register. If you want to check how their absence is being recorded, you can ask for a copy of your child’s attendance record at any time.
A school must not set up a part time timetable without your consent. Parent/carers have the right to refuse a part time timetable.
If you do agree, a reduced timetable should only be in place for a maximum of up to 6 weeks and there should be a written plan to start extending your child’s time in school as soon as they are ready. This is known as a reintegration plan.
It may be appropriate for a learner not to be in their classroom for a short period of time, to help them manage their behaviour and/or reduce their anxiety. However, if your child is frequently removed from the classroom they are isolated from their peers and this is not best inclusive practice. If your child is in this situation, this may indicate that they have a special educational need or disability.
The SEND Code of Practice (2015) and The Equality Act (2010)
Schools and governors must be mindful of the SEND Code of Practice (Jan 2015) and the Equality Act (2010). It could be unlawful and discriminatory to exclude for behaviours arising from a disability, whether identified or not. Schools should have exhausted all other options before reaching the decision to exclude. This applies whether the learner has a disability or not, but under the Equality Act (2010) reasonable adjustments must be made for children with a disability. This includes reasonable adjustments to the school’s behaviour policy.
Page 4 of 11ESCC Exclusions Guidance for Parents and Carers, September 2019
If you have concerns about unlawful exclusions or equalities issues, it is best to speak to the class teacher and SENCO first. If you are still
concerned, see page 8 for sources of advice and support.
Exclusions from school can be either:
o Fixed term (or fixed period) exclusions:
when a pupil stays on the register of the school but is not allowed at school for a set amount of time
this could be for whole days but it can be for parts of the school day
a lunch time exclusion counts as a half day exclusion.
o Permanent exclusion:
when a pupil is not allowed to return to the school and is removed from the school
register*
3. Fixed Term Exclusion - what can I expect?It is good practice for the head teacher to speak to you first, but they must tell you in writing:
Why your child is receiving a fixed term exclusion (FTE)
How long they are excluded for
How you can tell the school governors about the exclusion - this is called ‘making representations’ (see more information on ‘The governor role’ on page 6)
If the exclusion is for more than 5 days, they must tell you how to ask the governors to consider reinstating your child - you can attend that meeting and so can your child if they want to (see more information on ‘The governor role’ on page 6)
How the school will meet their responsibility to provide education for your child during the exclusion (see more information on ‘Education whilst excluded– What can I expect?’ on page 7)
What you, as a parent/carer, are legally responsible for during the exclusion
How you can get independent advice about the exclusion.
Page 5 of 11ESCC Exclusions Guidance for Parents and Carers, September 2019
*If your child has been permanently excluded, the school can only remove your child from the register after the outcome of an Independent Review Panel, or if you have declined an Independent Review Panel. More
information is available in the ESCC Exclusions Guidance for Schools on page 8
The governor role:
*in this case a ‘term’ means the Autumn term (September to December), Spring term (January to April) or the Summer Term (May to July).
If my child is receiving multiple fixed term exclusions what should I expect?
A pupil cannot have more than a total of 45 school days of exclusion in one school year, even if they move schools. They cannot have an exclusion of 46 days, or lots of shorter exclusions that add up to 46 days in a school year (September to July).
Schools should:
Keep a record so they know how many fixed term exclusions each pupil is getting
Try different approaches to managing behaviour to prevent multiple FTE for a pupil
Consider whether the pupil has underlying additional or special educational needs that are not being met
Refer to support services (like ISEND) for advice if a pupil is being excluded.
Page 6 of 11ESCC Exclusions Guidance for Parents and Carers, September 2019
For an FTE of more than 5 but not more than 15 days in total in one term*
You can write to the governors, and the letter should tell you how to.
You also have the right to request a meeting of the Governors’ Disciplinary Committee (GDC) to consider reinstatement of your child; you, and your child, have the right to attend the GDC meeting.
For an FTE of 5 days or fewer in one term*
You can write to the governors, and the letter should tell you how to.
For this length of exclusion the governors do not have to meet with you and they have no power to direct reinstatement of your child.
For an FTE of more than 15 days in total in one term* OR if a public examination is missed due to the FTE
The Governors’ Disciplinary Committee (GDC) must meet to consider reinstatement of your child. You have the right to make representations to the GDC and the letter should tell you how. Also, you, and your child, have the right to attend the GDC meeting.
4. Permanent exclusion - what can I expect?It is good practice for the head teacher to speak to you first, but they must tell you in writing:
Everything they must tell you for a fixed term exclusion, and:
That the governors must meet to review the exclusion and you must be invited to give your views (you can attend the meeting or send your views in writing). This meeting is called a GDC (Governors’ Disciplinary Committee)
How you will be told about the GDC date and how you, and your child, can contribute your views to the GDC meeting
Where your child will be educated from the 6th school day after the permanent exclusion date (in East Sussex, this will usually be in the Pupil Referral Unit (PRU) provision, called College Central)
Where you can get free legal information, support and advice.
5. Education whilst excluded – What can I expect?
For a fixed term exclusion of up to 5 school days
The school should take reasonable steps to set and mark work for the learner. This work should be accessible and achievable.
This is the school’s responsibility.
For a fixed term exclusion of more than 5 school days
The school should take reasonable steps to set and mark work for the learner for the first 5 schools days. This work should be accessible and achievable.
The school must arrange suitable full-time education, to be in place from the 6th school day.
This is the school’s responsibility.
For a permanent exclusion
The Local Authority must arrange suitable full-time education, to be in place from the 6th school day.
This is usually provided through the Pupil Referral Unit (PRU). This is the Local Authority’s responsibility.
Provision does not need to be arranged for a fixed term or permanent exclusion for a pupil in the final year of compulsory education that does not have any further public examinations to sit.
Page 7 of 11ESCC Exclusions Guidance for Parents and Carers, September 2019
6. Where can I get help and advice?Where can I go for support if I want to understand these processes better or I think my child is being unlawfully excluded?
Contact these services and groups for information, advice and support
Coram Children’s Legal Centre and ACE Education www.childrenslegalcentre.comhttp://www.ace-ed.org.ukTelephone: Advice line service on 03000 115 142 on Monday to Wednesday from 10 am to 1pm during term time
Education Support, Behaviour and Attendance Service (ESBAS), ISEND: Advice from ESBAS on exclusions on the Local Offer Telephone: 01273 481967Email: [email protected]
IPSEA (Independent Provider of Special Education Advice)IPSEA Webpage on Exclusions
National Autistic Society (NAS):NAS School Exclusions Webpage
Telephone: 0808 800 4002 (answering service)Email: [email protected]
Parent/Carer support groups in East Sussex:Parent/Carer support groups on the Local Offer
SEND Independent Advice and Support Service (SENDIASS):AMAZE webpage on the Local Offer Telephone: 01273 772289 Monday to Friday 9.30am to 2.30pm (and voicemail facility for call backs)Email: [email protected].
Where can I find out more information about exclusions and part time timetables?
Exclusions guidance for schools- ESCC
Reduced timetable guidance for schools- ESCC
Thank you to the parent/carers of SEND Voices and ImPACT for their feedback in the creation of this guidance
Page 8 of 11ESCC Exclusions Guidance for Parents and Carers, September 2019
Appendix 1 Inclusion – what can I expect of my local school?
ESCC Commitment to inclusion: The Local Authority vision for inclusion
The Local Authority vision for learners with special educational needs and disabilities (SEND) is the same as for all learners – that they:
Achieve in their early years, at school and at college Are well cared for, have their health needs met and are happy
and fulfilled Have choice and control over key decisions affecting them.
If my child has SEND what can I expect the school to do to make sure they are included?
We expect our schools and academies to follow best practice as set out in the SEND Code of Practice. They should:
o Tell you who you can speak to in school if you have concerns about your child’s progress or wellbeing.
o Talk with you about any concerns you have and make reasonable adjustments to support your child to attend full time and succeed.
o Make sure your child’s voice is heard and you and your child are involved in planning and reviewing the support in school (if they need support that is additional to and different from that of other children). In East Sussex we recommend the Additional Needs Plan to record this process. The ESCC SEND Prospectus explains more about how additional needs are identified and supported in schools.
o Communicate regularly with you about how your child is progressing in school and what progress you are seeing outside school hours.
o Try to find alternative sanctions and not exclude your child; making reasonable adjustments to the behaviour policy.
o Call an early review of your child’s Education Health and Care Plan (if they have one) rather than permanently excluding your child.
We believe learners have the right to attend their local school and achieve their potential.
We work with children, young people and parent/carers to develop our strategies, including our SEND Strategy for the Local Area:
Page 9 of 11ESCC Exclusions Guidance for Parents and Carers, September 2019
Link to the SEND Strategy
Appendix 2 Working together to prevent exclusion – how parent/carers can help
How do we monitor inclusion in our schools?
The aim of the East Sussex Quality Mark for Inclusion (ESQMI) is that every learner with Special Educational Needs and/or Disabilities (SEND) can access good provision wherever they attend school.
We expect all schools to retain the ESQMI and demonstrate an active commitment to inclusion. The Local Authority review exclusion data for all learners, particularly those with SEND, to
ensure that schools are doing as much as they can to support learners to achieve. Learners need to be in school to progress and succeed, so we also monitor attendance data. We provide a training offer for schools, settings and colleges around understanding that
behaviour is communication and that additional needs can be well supported if they are identified early.
How does the Local Authority support schools to prevent exclusion?
We believe that exclusion rarely changes behaviour and we work with schools to prevent exclusion through offering a range of interventions for learners and training for staff.
How parent/carers can help: if you are concerned about your child’s behaviour at school, ask school if they have referred to ISEND or other specialists for support.
If a school thinks a learner is at risk of exclusion, we recommend that they start an Additional Needs Plan (ANP) to record how strategies and support are being tried and reviewed.
How parent/carers can help: if your child is at risk of exclusion, ask school if they have started an ANP to record how they are supporting your child.
We explain to schools that behaviour is communication and disruptive behaviour can be a learner’s way of saying they have unmet needs.
How parent/carers can help: if your child has an additional or special educational need, talk to your school about how they are making reasonable adjustments to their behaviour policy when they respond to your child’s behaviour.
We expect that where a school has concerns about a learner’s behaviour, the school should try and identify whether there any underlying additional or special educational needs leading to that behaviour. They should then put support in place in order to reduce the risk of exclusion.
Page 10 of 11ESCC Exclusions Guidance for Parents and Carers, September 2019
INCLUSION
Working in Partnership
How parent/carers can help: if you feel your child has an unidentified special education need or disability, talk to your class teacher and SENCO about how to identify that need and how the school can support your child to overcome any barriers to learning.
Page 11 of 11ESCC Exclusions Guidance for Parents and Carers, September 2019
