SOME QUESTIONS AND ANSWERS
Q1What happens if the Headteacher is absent? Does it mean that a pupil cannot be excluded?
ANormally, only the Headteacher can exclude a pupil. However, if the Headteacher is absent from school, the most senior teacher has the power to exclude. It must be made clear to the pupil, parents/carers and staff that the senior teacher is acting in the Head’s absence.
Q2What is the status of a ‘reintegration[m1]’ meeting ?
AIt is good practice to invite the parents/carers to school to discuss their child’s behaviour and the reasons for the exclusion. However, the pupil must return to school when the fixed period exclusion ends with no conditions attached – such an exclusion cannot be extended indefinitely until the parents/carers agree to a meeting.
Q3When can the Discipline Committee direct reinstatement?
AThe Discipline Committee MUST meet to consider the exclusion and decide whether or not to direct reinstatement in the following cases
- each permanent exclusion
- each fixed period exclusion which means that the pupil will be excluded from school for more than 15 days in the term
[for example, a pupil may receive a 12-day fixed period exclusion followed by a 3-day fixed period exclusion. The next time he/she is excluded, for however many days, the Discipline Committee must meet to consider reinstatement on that occasion and on each subsequent occasion in the same term] - each fixed period exclusion, of whatever length, where the pupil will miss the opportunity to take a public exam
- where the Headteacher, exceptionally, converts a fixed period exclusion into a permanent exclusion
The Discipline Committee MUST have regard to DCSF Improving behaviour and attendance; guidance on exclusions from schools and Pupil Referral Units, 09/08and should normally direct reinstatement if the Headteacher has not followed this guidance.
Q4Should the pupil in question attend the meeting of the Discipline Committee?
AUnless there are strong reasons to refuse, if the parents/carers request it, the pupil should be allowed to attend the meeting and make a statement/ask and answer questions if he/she wishes. However, attendance is not compulsory and the Committee’s decision should not be swayed by the fact that the pupil may not be present at the meeting. If the pupil is under the age of 18, the parent/carer is in any case the formal appellant.
The DC should consider what their response to such a request would be.
Q5What if the parents/carers don’t attend the meeting of the Discipline Committee?
AEvery effort should initially be made to hold the meeting at a time and place convenient to all parties. The meeting should still follow the formal procedure and be minuted, so that the Committee has evidence of its decision and the reasons for it should it be challenged.
The Clerk should notify the parents/carers of the decision by letter within one day. Even if parents/carers choose not to attend the Discipline Committee meeting to make their case, they still have the right to appeal to the independent Appeals Panel.
Q6What is the L[m2]A’s role in the exclusion process?
AThe LA[m3] should be involved at earlier[m4]appropriate stages for pupils who show signs of disaffection and are at risk of exclusion. This may take the form of specific support from the Education Welfare Service, the Support Teaching and Educational Psychology Service, or the County Special Education Team, for example, and an LA[m5] representativeeg Exclusion and Reintegration Officer or any of the above,[m6]could be involved in setting up the pupil’s Pastoral Support Programme.
The LA[m7] has a rôle in monitoring exclusions. Headteachers of all LA[m8]-maintained schools are required to report ALL exclusions, regardless of length, to the LA[m9].
The LA[m10]MUST be informed of all permanent exclusions, all fixed period exclusions and all exclusions which mean the pupil misses the opportunity to take a public exam. Where a meeting of the DC is held, a representative of the LA[m11]MUST be invited to the meeting in order to give the LA[m12]’s view on the appropriateness[m13] of the exclusion and should be able to provide advice on how other schools have responded in similar circumstances.
The Clerk may call on the LA[m14] officer for advice during the exclusion process (see Part 4 DCSF Improving behaviour and attendance: guidance on exclusions from schools and Pupil Referral Units September 2008) [m15]
The LA does not have the power to direct reinstatement in any of the above cases if the Discipline Committee upholds the exclusion.A representative of the LA[m16] is entitled to present the LA’[m17]s case at the hearing of the School Appeals Panel where the parents/carers are appealing against the decision of the Discipline Committee to uphold the permanent exclusion.
Q7What happens if the parents/carers appeal?
AParents/carers have the right to appeal against the Discipline Committee’s decision to uphold the permanent exclusion. They do not have the right of appeal against the Discipline Committee’s decision to uphold a fixed period exclusion.
The appeal is heard by the independent Devon School Appeals Panel, NOT by a governors’ appeal committee. The Chief Executive’s Directorate deal with the arrangements for the appeal. The appeal is normally heard at County Hall and a nominated member of the Discipline Committee, the Headteacher and the LA[m18] officer are invited to make written representations and to attend. A legal or other representative of the Discipline Committee may also attend and make a case in writing.
Full details may be found in Part 5 DCSF Improving behaviour and attendance: guidance on exclusions from schools and Pupil Referral Units September 2008
Q8When can the name of a permanently excluded pupil be removed from the school’s register?
AThe pupil MUST remain on the school roll from the date the Headteacher excludes him/her until the exclusion process is completed. The school remains responsible for setting and marking work for the first 5[m19] days.
If the Discipline Committee decides to uphold the exclusion, the pupil’s parents/carers have the right to lodge an appeal within 15 school days. If they decide NOT to appeal, the pupil’s name is removed from the school roll with effect from the date of that decision. If they do nothing, the pupil’s name is removed from roll when the 15 days have expired. If they choose to appeal, the pupil’s name is removed from roll with effect from the date the independent Appeals Panel decides not to uphold their appeal. If in the meantime a new school is found and the pupil admitted, the pupil’s name is removed from the roll of the excluding school on the date of admission to the new school.
Q9What happens to my school’s budget?
AThere are national regulations covering the arrangements for money to follow a permanently excluded pupil and Devon has adapted these in its LMS scheme. Broadly speaking, an amount is removed from a school’s budget equivalent to the number of complete weeks left in the financial year at the AWPU rate which would apply to that pupil. Money is removed with effect from the relevant date, which is defined in the supplement to Guidance 09/08 Part 7 as the date on which the Discipline Committee decides not to reinstate the pupil. When a permanently excluded pupil is admitted to a new school, that school receives funding from the date the pupil is put on roll.
Q10What are valid reasons for exclusion?
ADCSF Guidance 09/08 Improving behaviour and attendance:guidance on exclusions from schools and Pupil Referral Units gives more details. It is difficult to be prescriptive about specific incidents for which exclusion – fixed period or permanent – is an appropriate response, as much depends on the individual school’s behaviour and discipline policy. In general, exclusion should only be used
- in response to serious breaches of a school’s discipline policy
- if allowing the pupil to remain in school would seriously harm the education or welfare of the pupil or of others in the school.
[m20]
A decision to exclude a child permanently is a serious one and will usually be the final step in a process for dealing with disciplinary offences following a wide rang of other strategies which have been used without success. There will however, be exceptional circumstances where in the head teachers judgement it is appropriate to permanently exclude a child for a first or ‘one off’ offence.
These might include:
- Serious actual or threatened violence against another pupil or member of staff
- Sexual abuse or assault
- Supplying an illegal drug
- Carrying an offensive weapon
Exclusion should NOT be used for the following types of incident
- minor incidents such as failure to do homework or bring dinner money, no matter how frequent
- poor academic performance
- lateness or truancy
- pregnancy
- breaching school uniform policy including hairstyle or wearing jewellery, except where these are persistent and in open defiance of such rules
- punishing pupils for the behaviour of the parents, for example by extending a fixed period exclusion where parents refuse or are unable to attend a meeting.
- Protecting victims of bullying by sending them home
Q11 What is the status of lunchtime exclusions?
AA lunchtime exclusion is a fixed period exclusion equivalent to one half school day and should be treated as such. Parents have the same right to be given information and to make representations to the Governing Body.
The Secretary of State does not expect to see lunchtime exclusions to be used for a prolonged period.
Arrangements must be made for pupils who are entitled to free school meals. This may mean providing a packed lunch.
Q12 What happens if all 45 days have been used up for fixed period exclusions?
AA Headteacher cannot exclude a pupil on a fixed period basis for more than 45 days in total in an academic year. Any fixed period exclusion should be used to plan for the pupil’s reintegration into school.
Once the pupil has returned from the exclusion, if a further incident occurs, the Headteacher cannot issue a further fixed period exclusion in the same academic year. In other words, a pupil cannot be excluded for a 46th day.
The Headteacher must then decide whether the incident is sufficiently severe to warrant a permanent exclusion. If so, the permanent exclusion procedure must be followed and the Discipline Committee will determine whether or not to uphold the exclusion.
Q13What happens to the pupil after the permanent exclusion has been upheld by the Discipline Committee?
AThe LA[m21] is required, within 28 working days of the Discipline Committee upholding a permanent exclusion, to have in place a re-integration plan for the pupil. The LA’s Exclusion and Re-integration Officer will make contact with the parents/carers after the Discipline Committee meeting to discuss options for the pupil and will also write to the Headteacher of the excluding school asking him or her to completean Academic and Pastoral Summary[m22]on the pupil’s progress and attainments. This helps inform the plan and is useful information to pass on to the new school.
Q&A Updated 10/10/18b
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