Reepham Church of England Primary School

Exclusion Policy

Reepham Church of England Primary school is committed to valuing diversity and to equality of opportunity. We aim to create and promote an environment in which pupils, parents and staff are treated fairly and with respect, and feel able to contribute to the best of their abilities.

The Governing Body recognise that it is unlawful to take into account anyone’s gender, marital status, colour, race, nationality, ethnic or national origin, disability, religious beliefs, age, or sexual orientation. Full consideration has been given to this during the formulation of the above policy as it is the governors’ aim that no-one at Reepham Church of England school should suffer discrimination, either directly or indirectly, or harassment on any of these grounds.

We aim to include, not exclude, and we approach all challenging behaviour in a supportive and positive way. We recognise that such behaviour can sometimes be symptomatic of a real, deeper need for our support and understanding. All children can go through times of inappropriate behaviour,

It is the Policy of the Reepham Church of England Primary School to try to deal with all behavioural issues in an active, positive way, employing a wide range of strategies, including specifically designed programmes, to avoid such issues reaching the point of exclusion (See Behaviour and Discipline Policy).

We uphold Christian values including truth, honesty, forgiveness and support.

However should the need for exclusion arise, following a sustained period of unacceptable behaviour or a single case of an extremely dangerous and/or violent act, the school will adopt the following recommended approach:

Overview:

Exclusion from School

The terms ‘parent’ and ‘carer’ are used interchangeably in this policy.

The Law

Headteachers are required to 'maintain good discipline in schools to ensure that all pupils benefit from the opportunities provided by education' (DfEExclusions Guidance 2012). High standards of behaviour are important in helping children to feel safe and learn well, and parents and carers play a key part in this.

Exclusion is a disciplinary measure which the Headteacher of a school can use to deal with serious or persistent misbehaviours that breach the schools Behaviour Policy. This may be for a fixed period (a set number of days) or may be on a permanent basis. A child's behaviour outside of school can also be considered as grounds for exclusion.

The school has a Behaviour and discipline policy. The policy outlines what the school will do if your child’s behaviour falls below these standards. It is freely available to all parents and pupils, a copy of which can be requested directly from the school or alternatively is available on the schools website.

By law only the Headteacher, or the designated Teacher in Charge, can exclude a pupil from school. The decision to exclude a child must be lawful, reasonable and fair.

If a child's behaviour requires for them to be removed from school the Headteacher must issue a formal exclusion. Schools must not ask parents to keep your child away from school or send them home for a "cooling off period" as this constitutes an unofficial exclusion which is unlawful.

Fixed-term Exclusion

  • The Headteacher must inform a parent that their child is excluded, usually by telephone in the first instance and then followed by a formal letter to you. The letter will provide the reasons for this decision and to inform you to keep your child at home for a set number of days.
  • For the first 5 days of a fixed term exclusion the school is required to provide work for the child to complete. The parent is responsible in ensuring that your child completes this work and that it is returned to the school for marking.
  • If the exclusion extends beyond 5 schools days, the school must put in place full-time educational provision for the child (usually through Local Authority support.
  • During the first 5 days of a fixed term exclusion parents/carers must ensure that their child is not present in a public place during school hours without reasonable justification. This applies whether or not the child is with an adult. Parents may be liable to a Fixed Penalty if your child is in a public place without reasonable justification during school hours.
  • A child cannot be given fixed period exclusions which total more than 45 school days in any one school year.
  • For exclusions lasting between 5 and 15 days parents have a right to request that the Governors Pupil Discipline Committee convene a meeting to review the decision to exclude and you can attend to give your views about the exclusion.
  • For exclusions totalling more than 15 days in one term the Pupil Discipline Committeemustconvene a meeting to review the exclusions and parents and the child childmustbe invited to attend.
  • A Headteacher has the right to formally exclude a child for the lunchtime period only and must record this as half day exclusion. However, parents will be expected to return their child to school for the afternoon session. If the child does not return the school will record this as an unauthorised absence.

Permanent Exclusion

  • The Headteacher must write to parents to inform you that the school has decided to permanently exclude their child. This means that your child will not be able to return to the school unless re-instated by the Governors Pupil Discipline Committee.
  • The school must formally notify the Local Authority of the decision to permanently exclude the child.
  • For the first 5 school days following a permanent exclusion the school must provide work for the child to do at home. The parent is responsible for ensuring that this work is completed and returned to the school for marking.
  • During the first 5 days of a permanent exclusion the parent must ensure that their child is not present in a public place during school hours without reasonable justification. This applies whether or not your child is with an adult. Parents may be liable to a Fixed Penalty if their child is in a public place without reasonable justification during school hours.
  • From the 6thschool day following the exclusion the Local Authority must arrange full time educational provision for your child.
  • Following a child's permanent exclusion the parents/ carers will be contacted by a Parent Pupil Liaison Officer from the Education Out of School Team who will arrange to visit them to discuss the exclusions processes and procedures, the parents rights within this process and to discuss interim education for their child.
  • The Governors Pupil Discipline Committee must meet within 15 school days from the date of the permanent exclusion to review the Headteacher's decision. The parent and the childmustbe invited to attend to give their views on the exclusion.

If the Governors Pupil Discipline Committee upholds the Headteacher's decision to permanently exclude the child, the parent has a further right to request that an Independent Panel to review thedecision.

Additional information:

Where requested by a parent, an SEN expert needs to be appointed by the local authority or academy trust to advise the independent review panel.

The independent review panelcan uphold the decision to permanently exclude a pupil; recommend that the governing body reconsider its decision; or direct the governing body to reconsider its decision.

A direction to reconsideris limited to circumstances where a panel decides that the school has acted illegally, irrationally or where there are significant flaws in procedure.

Where a governing body decides not to offer to reinstate a pupil following a direction from a panel to reconsider its decision, the panel is expected to require an adjustment to a schools budget or payment of around £4000 towards the cost of alternative provision.

Where a parent alleges discrimination (under the Equality Act 2010) in relation to a fixed period or permanent exclusion, they are able to make a claim to the First-tier Tribunal (for disability discrimination) or a County Court (for other forms of discrimination).

Local authorities need to oversee adjustments to a school’s budget or payments by a school, where a school does not offer reinstatement following a direction by a panel to reconsider its decision to permanently exclude a pupil.

Excluding a pupil

A decision to exclude a pupil, either for a fixed period or permanently is seen as a last resort by Reepham C of E Primary school.

No exclusion will be initiated without first exhausting other strategies or, in the case of a serious single incident, a thorough investigation.

Reasons for exclusion:

• Serious breach of the school’s rules or policies;

• Risk of harm to the education or welfare of the pupil or others in the school.

Any exclusion will be at the decision of the Headteacher, in consultation with the Governing Body, as appropriate.

Procedures for exclusion committee:

The exclusion committee does not need to meet for exclusions isues by the headteacher that are for a fixed term of 5 days or fewer. Exceptions occur if the number of maximum exclusions in an academic year are reached, if there is an appeal, or if further scrutiny of exclusion is required (this may be requested by the Headteacher or Governors)

When the committee is required to meet to consider an exclusion: Where possible circulate any written evidence and information, including a list of those who will be present, to all parties, at least five schools days in advance of the meeting and give the parents the opportunity to make representations.

At the hearing there are two questions that the committee should be seeking to answer. Firstly, have the school's procedures relating to discipline been carried out fairly and fully? Secondly, was the action of the headteacher in excluding the pupil appropriate, in the light of the circumstances? Where the procedures have been carried out fully, the investigation should have determined an appropriate course of action. Consequently, in the majority of instances, the action of the headteacher in excluding a pupil is unlikely to cause concern and should receive the support of the committee, notwithstanding any representations made by parents and other education specialists.

In a minority of cases the procedures that lead up to the exclusion and the subsequent action by the headteacher may not be entirely appropriate and may raise doubts in the minds of the committee. In these instances the committee should be prepared to overturn an exclusion, where they are entitled to do so. The committee's function is not merely to rubber stamp the action of the headteacher, but rather to consider objectively whether the action was appropriate.

Where the committee does not support the headteacher's actions this may sometimes be interpreted as a betrayal of the staff or an attempt to undermine the authority of the head. Overturning a decision should not be seen as either of these, where the committee believes the process and thus the decision could be judged unfair because the action of the headteacher was not appropriate and/or procedures were not followed. The committee is, in fact, fulfilling the function for which it was put in place, and the majority of heads will recognise this. It is also a reminder to all staff to ensure that their actions are appropriate and school policy and procedures are followed carefully and diligently. The appeals procedure is thereby seen to be properly employed. Where an action is overturned this does not require an investigation into actions or procedure unless there is a serious concern unearthed.

Independent review

This review is independent of the school although similar in process. Where the independent panel fails to uphold the action to permanently exclude a pupil, they can decide to:-

•Uphold the exclusion decision

•Recommend that the governing body reconsiders their decision or

•Quash the decision and direct that the governing body considers the exclusion again.

When considering the governing body’s decision in light of the principles applicable in an application for judicial review, the panel should apply the following tests:

•Illegality – did the headteacher and/or governing body act outside the scope of their legal powers in taking the decision to exclude?

•Irrationality – was the decision of the governing body not to reinstate the pupil so unreasonable that it was not one a sensible person could have made?

•Procedural impropriety – was the process of exclusion and the governing body’s consideration so unfair or flawed that justice was clearly not done?

Procedural impropriety means not simply a breach of minor points of procedure but something more substantive that has a significant impact on the quality of the decision making process. This will be a judgement for the panel to make but the following are examples of the types of things that could give rise to procedural impropriety: bias; failing to notify parents of their right to make representations; the governing body making a decision without having given parents an opportunity to make representations; failing to give reasons for a decision; or being a judge in your own cause (for example, if the headteacher who took the decision to exclude were also to vote on whether to uphold the exclusion).

Where the criteria for quashing a decision have not been met the panel should consider whether it would be appropriate to recommend that a governing body reconsiders their decision not to reinstate the pupil. This should not be the default option, but should be used where evidence or procedural flaws have been identified that do not meet the criteria for quashing the decision but which the panel believe justify a reconsideration of the governing body’s decision.

In all other cases the panel should uphold the exclusion. The external appeal panel’s decision cannot be appealed and their decision is final. Decisions of the external appeal panel can cause the greatest concern for schools, governors, staff and parents. This is particularly true when the reason for the exclusion centers, for example, around alleged physical attacks on staff or other pupils and, naturally, the response of staff and parents to a re-instatement is one of horror. The concerns of staff for their safety may result in a refusal to work with the pupil and the courts have had some sympathy for this view. There is all the more reason to ensure that the local authority and the school work together on a strategy for the pupil's return, and look to reassure staff, pupils and parents that appropriate measures are in place. From the governors' perspective this can be the most difficult situation they are likely to face. As employers they have a duty of care to protect staff from possible injury resulting from their work in school. They must also ensure the safety of pupils and others who periodically visit the school. At the same time they are obligated to provide for the education of all pupils assigned to the school, including those who have been reinstated by an external appeals committee and to ensure that all that can be done is done to provide a good education.

It is mandatory for all governors as well as the clerk to the independent appeal panel to receive appropriate training.

Other factors to consider:

Safeguarding

An exclusion will not be enforced if doing so may put the safety of the pupil at risk. In cases where parents will not comply by, for example, refusing to collect the child, the child’s welfare is the priority. In this situation, depending on the reason for exclusion, the school may consider an internal exclusion until the end of the day, implementing the original exclusion decision from the time the child is collected from school, or, in more severe circumstances the school may contact Social Services and/or the Police to safely take the

pupil off site.

Pupils with special educational needs and disabled pupils

The school must take account of any special educational needs when considering whether or not to exclude a pupil.

We have a legal duty under the Disability Discrimination Act 2005 as amended not to discriminate against disabled pupils by excluding them from school for behaviour related to their disability. The Headteacher should ensure that reasonable steps have been taken by the school to respond to a pupil’s disability so the pupil is not treated less favourably for reasons related to the disability, this however, does not mean pupils with an additional need or disability are exempt from exclusion.

Marking attendance registers following exclusion

When a pupil is excluded temporarily, he/she should be marked as absent using Code E (or any updated code that tracks exclusions on census).

Managed move

In cases where the Headteacher and parents agree that the progress of the pupil has beenunsatisfactory and the pupil is unwilling or unable to profit from the educational opportunitiesoffered, or if a parent has treated the school or members of its staff unreasonably theHeadteacher may require the parents to remove the pupil and may support them with a managed move to another setting. Full consideration of the child’s best interests should be given, this process should be carefully planned and where possible a move should be at the end of a term. This is not a formal exclusion and is not recorded as such. .