Exclusions and suspensions

A suspension (what is described in legislation as an exclusion for a fixed period) means a pupil is temporarily removed from the school for a period of time.

A pupil may be suspended for one or more fixed periods (up to a maximum of 45 school days in a single academic year). The law does not allow for extending a suspension or ‘converting’ a suspension into a permanent exclusion.

In exceptional cases, usually where further evidence has come to light, a further suspension may be issued to begin immediately after the first period ends. Or, a permanent exclusion may be issued to begin immediately after the end of the suspension. 

If a pupil receives 45 suspensions in an academic year then they will automatically become permanently excluded.

Duty to inform parents about a suspension

When a headteacher or principal suspends a pupil the parent\carer(s) should be notified immediately, usually by telephone followed, without delay, by a letter providing the following information in writing:

• The reason(s) for the suspension
• The period of suspension and that you must ensure your child is not present in a public place at any time during school hours without good reason
• How work will be provided and marked during the suspension
• The right for you to make representations about the suspension to the Governing Board and how your child may be involved in this
• How any representations should be made
• Where there is a legal requirement for the Governing Board to consider the suspension, that you or your child if they are 18 years old have a right to attend a meeting, to be represented at that meeting (at their own expense) and to bring a friend

If the suspension is more than five days, then alternative provision should be provided by the school on the sixth day. Where arrangements have been made the details of alternative provision should include:

• The start date
• The start and finish times of any such provision (including the times for morning and afternoon sessions where relevant)
• The address at which the provision will take place 
• Any information required by the pupil to identify the person they should report to on the first day

A reintegration meeting will usually be arranged for the first day that your child is required to return to school.

A permanent exclusion is when a pupil is no longer allowed to attend a school. The decision to exclude a pupil permanently should only be taken:

• In response to a serious breach or persistent breaches of the school's behaviour policy; and
• Where allowing the pupil to remain in school would seriously harm the education or welfare of the pupil or others such as staff or pupils in the school

Duty to inform parents about a permanent exclusion

The headteacher, principal or named deputy must, without delay, provide the parent/carer with the following information in writing:

• The reason for the exclusion
• Confirmation that it is permanent 
• The duty on parents to ensure your child is not present in a public place at any time during school hours , without good reason
• Your right to make representations about the permanent exclusion to the governing board, and how your child can be involved in this
• How any representations should be made
• Where there is a legal requirement for the governing board to consider the permanent exclusion, that you or your child if they are 18 years old have a right to attend a meeting, to be represented at that meeting (at their own expense) and to bring a friend
• How work will be provided and marked for the first five days
• The Local Authority have a duty to provide a suitable education to any permanently excluded pupil from the sixth day, and contact will be made with you to arrange this

In Southampton the duty to provide suitable education is delivered by the Compass School. The pupil must attend this provision.

The governing body must consider the reinstatement of a pupil within 15 school days of receiving notice if:

• The exclusion is permanent
• It is a suspension which would bring the pupil's total number of school days of suspension to more than 15 in a term
• It would result in a pupil missing a public examination or national curriculum test

This is a requirement even if the parent or pupil is not appealing the decision.

Other Considerations

The requirements are different for suspensions, where a pupil would be excluded for more than five but less than 15 school days in the term.

In this case, if the parents make representations, the governing body must consider within 50 school days of receiving the notice of suspension whether the pupil should be reinstated.

In the absence of any representations from the parents, the governing body is not required to meet and cannot direct the reinstatement of the pupil.

Where a suspension would result in a pupil missing a public examination or national curriculum test, there is a further requirement for a governing body. It must, so far as is reasonably practicable, consider the suspension before the date of the examination or test. If it is not practicable for a sufficient number of governors to consider the decision before the examination or test, the chair of governors, in the case of a maintained school, may consider the suspension alone and decide whether or not to reinstate the pupil.

Governors disciplinary committee meeting

The governors disciplinary committee (GDC) must consider whether the headteacher’s decision to suspend or permanently exclude was reasonable, proportionate and legal in all the circumstances.

The following parties must be invited to a meeting of the governing body and allowed to make representations:

• Parents (and, where requested, a representative or friend)
• The headteacher
• A representative of the local authority (in the case of a maintained school or PRU)

The GDC can only make two decisions. They can either:

• Uphold the decision and decline to reinstate the pupil
• Direct reinstatement of the pupil immediately, or on a particular date

The governing body must notify parents, the head teacher and the Local Authority of its decision, and the reasons for its decision, in writing and without delay.

The governing body should set out the reasons for its decision in sufficient detail to enable all parties to understand why the decision was made.

In the case of a permanent exclusion, the governing body’s notification must also include the following information:

• The fact that it is permanent
• Notice of the parents’ right to ask for the decision to be reviewed by an Independent Review Panel, including:
  • The date by which an application for a review must be made, for example 15 school days from the date on which notice in writing of the governing board’s decision is given to parents
  • Where and to whom an application for a review (and any written evidence) should be submitted
  • That any application should set out the grounds on which it is being made and that, where appropriate, this should include a reference to how the pupil’s special educational needs (SEN) are considered to be relevant to the permanent exclusion;
• That, regardless of whether the permanently excluded pupil has recognised SEN, parents have a right to require the Local Authority/academy trust to appoint a SEN expert to advise the review panel
• Details of the role of the SEN expert
• That parents may, at their own expense, appoint someone to make written and/or oral representations to the panel
• That, in addition to the right to apply for an independent review panel, if parents believe that the exclusion has occurred as a result of discrimination, they may make a claim under the Equality Act 2010. This is made to the First-tier Tribunal (Special Educational Needs and Disability) in the case of disability discrimination, or the County Court in the case of other forms of discrimination
• That a claim of discrimination made under these routes should be lodged within six months of the date on which the discrimination is alleged to have taken place, in other words, the day on which the pupil was excluded

The Exclusions and Reintegration Officer is part of the Southampton City Council Inclusion Services Team and is responsible for:

• Providing information, advice and support to families on the statutory guidance on suspension and permanent exclusion
• Providing information, advice and support to schools and governing boards on the statutory guidance on suspension and permanent exclusion and to ensure that school policies have been adhered to
• Supporting schools to try and prevent suspension or permanent exclusion
• Working with Compass School on the reintegration of permanently excluded pupils into mainstream provision
• Working with colleagues in social care, where a pupil has a social worker
• Liaising with special educational needs case officers where a pupil has an Education Health and Care Plan (EHCP) to determine whether a review of the EHCP is needed or a reassess the child’s needs
• Reporting to, or attending, governing board hearings where possible to ensure the Department of Education (DfE) guidance and procedures have been followed correctly
• Offering professional advice on the DfE statutory guidance

You can contact the Exclusions and Reintegration Officer by email at exclusions@southampton.gov.uk.

There are certain groups of pupils with additional needs who are particularly vulnerable to the impacts of suspensions and permanent exclusions. This includes pupils with an education health care plan (EHCP), looked after children and those that are on child protection planning. The headteacher should, as far as possible, avoid permanently excluding any pupil with an EHCP or a looked after child.

Where a pupil has a social worker, for example, because they are the subject of a child in need plan or a child protection plan, and they are at risk of suspension or permanent exclusion, the headteacher should inform their social worker, the designated safeguarding lead (DSL) and the pupil’s parents. This is to involve them all as early as possible in relevant conversations.

Consideration needs to be given as to what additional support or alternative placement may be required. This should involve assessing the suitability of provision for a pupil’s special educational needs (SEN). Where a pupil has an EHCP, schools should consider requesting an early annual review or interim/emergency review.

Schools, both academies and maintained, have an obligation under the Equality Act to show what reasonable adjustments, what modifications and what consideration was given to the pupil’s particular needs.

Headteachers must use their professional judgement based on the individual circumstances of the case when considering whether to suspend or permanently exclude a pupil. The reasons below are just some examples of the types of circumstances that may warrant a suspension or permanent exclusion:

• Physical assault against a pupil
• Physical assault against an adult
• Verbal abuse or threatening behaviour against a pupil or adult
• Use, or threat of use, of an offensive weapon or prohibited item that has been prohibited by a school’s behaviour policy
• Bullying
• Racist abuse
• Abuse against sexual orientation or gender reassignment
• Abuse relating to disability

GOV.UK

The GOV.UK website provides more information on exclusions and a copy of their statutory guidance which all maintained schools and academies must comply with.

Advisory Centre for Education

The Advisory Centre for Education (ACE) provide information and advice to parents on a wide range of education issues. They can be reached via:

Telephone: 0300 0115 142, Monday to Wednesday from 10am to 1pm during term time.

Website: Visit the Advisory Centre for Education

Coram Children's Legal Centre

The Coram Children's Legal Centre is a charity which aims to provide free legal advice and information to parents and carers on education matters. They can be reached via:

Telephone: 0300 330 5485 

Website: Visit the Coram Children's Legal Centre

Child Law Advice is also part of the Coram group. Visit their website with information on exclusions.

School Exclusion Project

A useful source of free information for advice for parents is the School Exclusion Project.