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Exclusions FAQs

Excluded child

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Is the school responsible for providing work at home during the temporary exclusion of a pupil?

Can the head teacher send a pupil home at lunch-times to avoid behaviour issues?

How many days can a pupil be temporarily excluded for, before the school becomes responsible for ensuring the child receives an education elsewhere? 

Is the governing body of a school responsible for the cost of a pupil’s education where the pupil is on the school’s admission role and has been placed/referred to another educational establishment?

What do I need to do to implement a permanent exclusion?

Do parents have the right to require the local authority / Academy Trust to appoint an SEN expert to attend the review?

What happens when a pupil is permanently excluded?

Should schools remove the pupil from roll? 

What happens if the Independent Review Panel directs the governing body to review its decision?

What is meant by reintegration?

The teacher has been advised by his/her union to refuse to teach a pupil. Can s/he do this? 

Is the school responsible for providing work at home during the temporary exclusion of a pupil?

Yes, children have a right to be educated and schools should ensure continuity of their learning.

 

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Can the head teacher send a pupil home at lunch-times to avoid behaviour issues?

No, this would be an illegal exclusion, even if the parent agrees. Lunch-time exclusions are counted as half-day exclusion.

 

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How many days can a pupil be temporarily excluded for, before the school becomes responsible for ensuring the child receives an education elsewhere? 

5 consecutive days.

 

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Is the governing body of a school responsible for the cost of a pupil’s education where the pupil is on the school’s admission role and has been placed / referred to another educational establishment?

Yes, whilst the pupil remains on role, alternative placements must be funded by the governing body / school.

 

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What do I need to do to implement a permanent exclusion?

Thoroughly investigate to provide a body of evidence. Ensure that the pupil is given voice too because there may be mitigating circumstances. Before moving to exclusion consider what other sanctions may be appropriate. If the child has special educational needs or a disability ensure that the school has provided essential support. If the school has provided support, then before taking the decision to permanently exclude, a reasonable adjustment would be to call a meeting to discuss with other agencies involved what other strategies could be implemented. If all avenues have been exhausted then the head teacher may decide to permanently exclude a pupil with special needs or a disability.

 

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 Do Parents have the right to require the local authority / Academy Trust to appoint an SEN expert to attend the review?

Yes, regardless of whether the excluded pupil has recognised special educational needs parents do have the right to request an SEN expert and there is no cost to the parents for this appointment.

 

What happens when a pupil is permanently excluded?

If the head teacher’s decision to permanently exclude is upheld by the governing body / discipline panel, the local authority is responsible for educational provision on the sixth day following the head teacher’s decision to permanently exclude.

 

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Should schools remove the pupil from roll?

No. The pupil remains on role until the local authority  agrees they may be removed from role. 

Pupil funding follows the pupil, when s/he changes schools and does not remain in the original school’s budget.

 

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What happens if the governing body’s decision to permanently exclude is overturned by the Independent Review Panel?

The Independent Review Panel cannot overturn the governing body’s decision to permanently exclude a pupil, but  they can direct the governing body to review their decision if they believe their decision was flawed.

If the governing body does not review its decision then the Independent Review Panel can impose a £4,000 fine.

 

What is meant by reintegration?

Reintegration does not necessarily mean integration as was.

It may be that the school will decide to teach the pupil in a different class, or separately if the pupil is considered a risk to others.

 

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The teacher has been advised by his/her union to refuse to teach a pupil. Can s/he do this?

Under Teachers’ Pay and Conditions, it is a teacher’s responsibility to teach all pupils in their class. Therefore a teacher would be in breach of contract without a lawful trade union protective ballot. This action is governed by trade union law and involves a lengthy process.

 

Page revised : 06/11/2014

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