Exclusion from School

There are various types of exclusions, many of which are not straightforward. Some exclusions are legal and can be used fairly; however, others are strictly unlawful and should never be employed.

Fixed-Term Exclusion

Definition: A fixed-term exclusion refers to a temporary removal of your child from school, which can include a half-day exclusion.

How It Works: A child cannot be excluded for more than 15 days in a term or 45 days in a year, even if they change schools mid-year. The child remains on the school roll during this time. Fixed-term exclusions may be imposed for any breach of the school’s behaviour policy when such an exclusion is deemed an appropriate sanction.

What Must Happen: When a child is temporarily excluded, the head teacher must inform parents of the reason(s) for the exclusion and its duration. If the exclusion lasts for five days or less, the school is responsible for providing and marking work. If the exclusion exceeds five days, the school must provide and mark work for the first five days and ensure suitable full-time education for the remaining days thereafter.

Permanent Exclusion

Definition: A permanent exclusion occurs when a child is permanently removed from a school.

How It Works: The child will be removed from the school roll, and parents will need to collaborate with the local authority to secure a new school for their child. Parents may seek to persuade the head teacher to withdraw the exclusion or the governors to reconsider it. They can also request an Independent Review Panel to assess the governors’ decision.

What Must Happen: Permanent exclusion should be a last resort and not taken lightly. A child can only be permanently excluded for disciplinary reasons, not for academic issues or low attendance. The decision to exclude can only be made for persistent breaches or serious violations of the school’s behaviour policies, where allowing the child to remain would harm the welfare or education of the child or other students. The child should stay on the admissions roll until the parents have completed or declined the independent review panel process. Furthermore, on the sixth school day following a permanent exclusion, the local authority must provide full-time education.

Part-Time Timetables

Definition: A part-time timetable is when a child is only allowed to attend school for part of the day or week. This can sometimes be used as a temporary measure for children with additional needs, but it must always be used with caution and consent.

How It Works: Part-time timetables are sometimes suggested by schools for children who are struggling to manage a full-time school schedule, such as those with special educational needs or those experiencing behavioural or emotional challenges. While this may be framed as a way to support the child, it is essential that it is used as a short-term measure with the aim of returning to full-time education. A part-time timetable cannot be imposed without parental agreement, and parents should ensure there is a clear plan for the child to resume full-time education.

What Must Happen: Part-time timetables should only be used in very specific, short-term circumstances, and schools must have parental consent. The timetable must be reviewed regularly, and the school should work with parents and other professionals (such as special educational needs coordinators) to ensure the child is receiving the necessary support to return to full-time schooling as soon as possible. It should not be used as an exclusion or a long-term solution. If a part-time timetable is proposed, parents should ask for a clear written plan with a timeline for the child’s full-time reintegration into school.

Internal Exclusions

Definition: An internal exclusion is when a student is removed from their usual classroom and placed in a designated area within the school, such as an isolation room or behaviour unit. This is used as a sanction for a breach of school behaviour policies.

How It Works: Unlike external exclusions, the student remains on school premises but is separated from their peers, typically under supervision. The student may be required to complete work independently, without participating in regular lessons. The length of an internal exclusion can vary, ranging from part of a school day to several days, depending on the school’s policy and the severity of the behaviour.

What Must Happen: While there are no legal limits on the duration of internal exclusions, schools must ensure that this practice does not lead to prolonged isolation, which could negatively affect a student’s wellbeing and education. Parents should be informed if their child is internally excluded, and the school should provide suitable work for the student during the exclusion. If internal exclusions are being used repeatedly or for extended periods, parents may wish to discuss the situation with the school, as this could indicate deeper issues that need to be addressed.

Alternative Provision Placement

Definition: An Alternative Provision (AP) Placement is when a child is educated in a setting other than their mainstream school. This is often used for students who are struggling to cope with mainstream education due to behavioural, emotional, or academic challenges.

How It Works: A child may be referred to Alternative Provision if their current school environment is not meeting their needs, or if their behaviour has led to repeated exclusions or difficulty in mainstream education. AP can take place in a variety of settings, such as specialist schools, Pupil Referral Units (PRUs), or vocational training centres. AP placements should offer tailored support to address the child’s specific needs and help them reintegrate into mainstream education or move on to further education, training, or employment.

What Must Happen: Alternative Provision must be used to provide education that is suitable for the child’s age, ability, and any special educational needs. The placement should be regularly reviewed to ensure it is still in the child’s best interests, with a clear plan for reintegration or transition to further education. Parents should be involved in discussions about the placement, and the school or local authority must ensure the child continues to receive a good standard of education while in AP.

Managed Move

Definition: A Managed Move is a voluntary agreement between schools, parents, and the local authority to transfer a child to another school. This is often considered as an alternative to permanent exclusion or to give the child a fresh start in a new environment.

How It Works: A child may be offered a Managed Move if they are at risk of permanent exclusion or struggling to thrive in their current school. The move is intended to provide the child with a second chance in a different school, with the aim of improving behaviour, attendance, or academic performance. The Managed Move should be carefully planned, with the new school agreeing to take the child on a trial basis, usually lasting around 12 weeks. If the move is successful, the child will be enrolled in the new school permanently.

What Must Happen: A Managed Move should only take place with the agreement of all parties involved, including the child’s parents and the receiving school. The original school must provide clear reasons for the move and outline the support the child will receive during the transition. A plan should be developed to monitor the child’s progress in the new school, with regular reviews to ensure the move is in their best interest. If the Managed Move is unsuccessful, the child may return to their original school, or alternative education arrangements may be considered.

Elective Home Education (EHE)

Definition: Elective Home Education is when parents or guardians choose to educate their child at home rather than sending them to a formal school setting.

How It Works: Parents have the legal right to educate their child at home if they feel it is in the child’s best interest. This decision can be made at any stage during the child’s education. Parents are not required to follow the National Curriculum, but the education provided must be suitable to the child’s age, ability, and special educational needs (if applicable). Parents take full responsibility for planning and delivering the child’s education, including arranging any necessary resources or tutoring.

What Must Happen: If parents decide to home educate, they must notify the school in writing if the child is currently enrolled, and the school will then remove the child from their roll. The local authority may make informal inquiries to ensure the child is receiving a suitable education. While there is no requirement for parents to follow a formal curriculum, they should be prepared to demonstrate that they are providing an adequate education. Local authorities may offer support but are not obliged to provide resources or funding for home education. If the local authority has concerns, they can intervene to ensure the child’s educational needs are being met.

Off-Rolling 

Definition: Off-rolling is the practice of removing a student from a school’s roll without following the formal exclusion process. This is usually done to improve the school’s exam results or attendance figures, rather than for legitimate reasons related to the child’s behaviour or welfare. 

How It Works: Off-rolling typically involves encouraging parents to voluntarily remove their child from the school, often suggesting that the child would be better off elsewhere. This could include suggesting homeschooling or transferring to another institution, such as alternative provision. Off-rolling is considered an unlawful practice because it circumvents the formal exclusion process, depriving the child of the right to an appeal and other legal protections. 

What Must Happen: Off-rolling is not a legal form of exclusion. Schools must not coerce or pressure parents into removing their children from the roll. Parents should be fully informed of their rights and any decisions they make should be voluntary and in the best interests of the child. If parents suspect that off-rolling is taking place, they can challenge the school and seek legal advice if necessary. Schools are held accountable for off-rolling practices by Ofsted, and any instance of off-rolling can affect the school’s inspection rating. 

Informal Exclusions

Definition: An informal exclusion is when a child is sent home or asked not to attend school without the school following the formal exclusion process. This may occur without an official record being made or proper procedures being followed. 

How It Works: Informal exclusions are often disguised as suggestions that a child “stay home” for a short period due to behaviour issues, illness, or for the school to manage certain situations. These exclusions are not legally recognised and can happen without the necessary paperwork or parental notifications, making them unlawful. The school may ask the parents to collect the child early or agree to a period of absence without providing formal documentation. 

What Must Happen: Informal exclusions are illegal under education law. Any exclusion, whether for part of the day or longer, must be officially recorded, and parents must be informed in writing with details of the reasons for the exclusion and the period it will cover. Schools must follow formal processes, and no child should be excluded informally. If an informal exclusion occurs, parents should challenge this with the school and request that the situation be rectified following the correct legal procedures. Schools must follow statutory guidance when excluding any pupil. 

Navigating school exclusions can be a daunting experience for both parents and children. If your child has been excluded from school, understanding your rights and options is essential. This page provides vital information and resources to support you through the process.

• Stay Calm: It’s natural to feel upset or angry, but try to approach the situation calmly and objectively. 
• Gather Information: Collect all relevant documents related to the exclusion, including letters from the school, your child’s records, and any witness statements. 
• Contact the School: Reach out to the school to discuss the exclusion. Request a meeting with the head teacher to better understand the situation and the reasons behind the exclusion. 
•  Understand the Appeals Process: Familiarise yourself with the school’s exclusion policy and the appeals process. You can usually find this information on the school’s website or by contacting the school directly. 
•  Seek Support: Consider contacting advocacy services such as ourselves here at The Traveller Movement for guidance and assistance. They can help you understand your rights and navigate the appeals process. 
• Prepare for the Appeal: If you decide to appeal, prepare your case thoroughly. Outline your arguments, gather evidence, and consider enlisting the help of a legal advisor or advocate. 

Resources for Further Support 

Your Local Education Authority: Contact your local education authority for guidance on school exclusions and support services available in your area. 

• Citizens Advice  https://www.citizensadvice.org.uk/family/education/sorting-out-school-problems/) : Access free advice and information on education rights and the appeals process.
• Children’s Rights Alliance (hyperlink https://crae.org.uk/) : Find resources and support for children facing school exclusions.
• Special Educational Needs and Disability Information Advice Support Service (SENDIASS) (hyperlink https://www.kids.org.uk/sendiass-home/) : For parents of children with special educational needs and disabilities, this service can provide additional support and advice. 

School exclusions can be a challenging and emotional experience, but you are not alone. By understanding your rights, gathering information, and seeking the right support, you can effectively advocate for your child’s education and wellbeing. 

If you need further assistance, please contact our Community Advocacy Caseworker on 07908 433413 for more tailored support.