Is a school exclusion policy statutory?
The decision to exclude a pupil must be lawful, reasonable and fair. Schools have a statutory duty not to discriminate against pupils on the basis of protected characteristics, such as disability or race.
What must all schools ensure when drafting their exclusion policy?
Schools must also ensure that their policies and practices do not discriminate against pupils by unfairly increasing their risk of exclusion. The head teacher and governing body must comply with their statutory duties in relation to SEN when administering the exclusion process.
When can a school permanently exclude?
However permanent exclusion should only happen: in response to a serious one-off 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 in the school.
Who can exclude a pupil?
headteachers
When a pupil can be excluded Only headteachers or acting headteachers can decide to exclude a pupil. In all cases, the decision to exclude must be lawful, rational, reasonable, fair, and proportionate. There are two different types of exclusions: fixed-period and permanent.
What is the purpose of school exclusions?
A 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 in the school”.
What are statutory policies?
A statutory policy is any policy that has legal force. They are statutory instruments which allow the EPA to set environmental objectives, standards and requirements in a different way than the usual set of laws and regulations.
What is exclusion education?
The processes of educational exclusion are multiple and diverse. Research has shown that exclusion from school goes far beyond access. It is associated with crucial issues related to educational processes (belonging, recognition or representation) and results (knowledge or certificates).
On what grounds can a child be excluded from school?
Why are children being excluded from primary schools?
- Persistent disruptive behaviour.
- Physical assault against an adult.
- Physical assault against a pupil.
- Verbal abuse or threatening behaviour against an adult.
- Verbal abuse of threatening behaviour against a pupil.
- Damage.
- Bullying.
What is an illegal exclusion?
Unlawful exclusions also include exclusions where the school has failed to follow the statutory guidance without good reason or has refused to educate a child unless particular conditions are met.
How many exclusions can a child have?
the exclusion is permanent; it is a fixed period exclusion which would bring the pupil’s total number of school days of exclusion to more than 15 in term; or. it would result in a pupil missing a public examination or national curriculum test.
What is the law on suspension and exclusion in England?
The statutory guidance on suspensions and permanent exclusions from maintained schools, academies and pupil referral units in England describes the normal procedures that must follow a decision to suspend or permanently exclude on disciplinary grounds. They are unchanged except as noted in this guidance.
When to use permanent exclusion in a school?
The statutory guidance states that headteachers should only use permanent exclusion as a last resort. Imagine a student who constantly breaks the rules, or one who would seriously harm the welfare of others if they remained in the school. This is when permanent exclusion comes into action.
Do you have to follow statutory guidance on expulsions?
Statutory guidance sets out what schools and local authorities must do to comply with the law. You should follow the guidance unless you have a very good reason not to. Amended mentions of the word ‘expulsion (s)’ to ‘permanent exclusion (s)’.
When do schools need to follow statutory guidance?
Statutory guidance sets out what schools and local authorities must do to comply with the law. You should follow the guidance unless you have a very good reason not to. 19 July 2017 Updated the exclusion review process and included non-statutory annexes for headteachers and parents. The changes are factual and aim to provide clarity.