Exclusion Guidance
Exclusion from School & Part-Time Timetables for Children with SEN *
Only the head teacher of a school (or the teacher in charge of a pupil referral unit or the principal of an academy) can exclude a pupil. There are only two types of exclusion from a school which are lawful: permanent and fixed-period.
This means that legally a pupil is either in school full-time or they are excluded from school. They can be excluded for a fixed term (for a specific number of school days) or permanently excluded. Any exclusion of a pupil, even for a short period of time, must be formally and accurately recorded.
Pupils can only be excluded for disciplinary reasons: they cannot be excluded because a school, pupil referral unit (PRU) or academy cannot meet their needs or for something which their parents did or did not do.
‘Informal’ or ‘unofficial’ exclusions, such as sending a pupil home to cool off or the school putting a pupil on a ‘part-time timetable’, are all unlawful regardless of whether they occur with the agreement of parents or carers. See what steps the school has to take in order for the exclusion to be lawful.
Unlawful exclusion of a pupil with a disability may amount to disability discrimination under the Equality Act 2010.
Further information:- https://www.ipsea.org.uk/pages/category/exclusion-from-school
Informal exclusions
No child should be excluded for an indefinite period, or for a non-disciplinary reason, or without formal notice in writing from the head. Any exclusion of a pupil, even for short periods of time, must be formally recorded.
The statutory guidance ‘Exclusion from maintained schools, academies and pupil referral units in England’ confirms (at paragraph 14) that ‘informal’ or ‘unofficial’ exclusions, such as sending pupils home ‘to cool off’, are unlawful, regardless of whether they occur with the agreement of parents or carers.
The decision to exclude a pupil must be lawful, reasonable and fair. Schools have a statutory duty not to discriminate against pupils on the basis of protected characteristics, such as disability or race (see the page on disability discrimination and exclusions for more information).
Schools should give particular consideration to the fair treatment of pupils from groups who are vulnerable to exclusion.
Only the head teacher has the power to exclude and it must be on disciplinary grounds.
If the head makes an informal exclusion ‘formal’, parents must be notified in writing of their rights, including that of making written representations (see advice on preparing written representations for more information).
If you believe your child has been unlawfully excluded from school, you can make a complaint to the school governors.
Further information: - https://www.ipsea.org.uk/informal-exclusions