Exclusions and Suspensions

A head teacher at a school (or the teacher in charge of a pupil referral unit or the principal of an academy) is the only person who can suspend or permanently exclude a pupil on disciplinary grounds. A pupil may be suspended for one or more fixed periods up to 45 days in an academic year. During a suspension, it is important that a pupil still receives their education. The school should take steps to set and mark work during the first 5 school days. Reasonable adjustments (SEND provision) by law must remain in force during the suspension period.

Permanent exclusion should only be used as a last resort, in response to a serious breach or persistent breaches of the school’s behaviour policy; and were allowing the pupil to remain in school would seriously harm the education or welfare of the pupil or others in the school. A permanent exclusion means the pupil cannot return to the school unless reinstated.

Following a permanent exclusion, on day 6 the pupil becomes the reasonability of the LA. They must then be provided with suitable education.    

If a pupil is asked to go home during the school day to cool off/regulate this is unlawful and you have the right to decline and/or request, it becomes a formal suspension.   

If a pupil is suspended or permanently excluded, parents/carers may have the right to make representations to the school’s Governing Body. It is the Governing Body’s role to either decline to reinstate the pupil; or direct reinstatement. If a pupil has been permanently excluded and the governors decide to decline reinstatement of the pupil, parents/carers can request that the decision is reviewed by an Independent Review Panel. Independent Review Panel cannot overturn the permanent exclusion but can review the processes in which the decision was reached. If you are unhappy, you have the right to proceed to a Disability Discrimination tribunal. 

For more information, please see below links: 

https://www.gov.uk/government/publications/school-exclusion

https://www.ipsea.org.uk/pages/category/exclusion-from-school

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