Permanent exclusion
What happens if a child is permanently excluded from school, and where to go for advice.
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About permanent exclusions
A permanent exclusion is when a headteacher decides that a pupil's behaviour, over a period of time, or for a one-off serious incident, is in breach of the school’s behaviour policy and if he/she remain in the school, it would seriously harm the education or welfare of others in the school.
Permanent exclusion should only be used as a last resort when all other options have been exhausted and where reasonable adjustments have been made and tested to meet a pupil’s educational and wider needs.
The headteacher's decision is reviewed by a panel of governors, usually called a Governors' Discipline Committee (GDC). You and your child have the opportunity to have your say at the meeting, and you may be represented by someone who can speak on your behalf, or you can be supported by a friend if you wish.
The headteacher may cancel an exclusion that has already begun, but this should only be done where it has not yet been reviewed by the governors. Where an exclusion is cancelled, the parents should be offered the opportunity to meet with the headteacher to discuss the circumstances that led to the cancellation
Do I, as a parent/carer, have any say in the matter?
The governors of the school must meet within 15 school days of the headteacher's decision to consider whether they uphold the original decision.
Parents/carers have the right to go to this meeting and 'make representations', that is, tell the governors their views and those of their child. This is important if you feel that the school has not offered your child adequate support around their behaviour, personal circumstances, and/or their Special Educational Needs or has not treated him/her fairly. All parties should receive an electronic/paper pack of evidence supporting the head teacher’s decision five school days ahead of the meeting.
What happens at the governors' meeting?
The governors will carefully consider all information presented and decide whether to uphold or overturn the exclusion.
If they uphold the decision to exclude, what happens to my child's education?
The local authority will work with you to find another school.
An Exclusion and Reintegration Officer will discuss this with you. If your child has an Education Health and Care Plan (EHCP), an SEN Officer will lead with seeking alternative education that meets the needs of your child as laid out in their EHCP.
In some circumstances, it may not be practical or beneficial to return to mainstream learning and your child may be offered an alternative style of education through a mainstream school or be offered a place at Meadowbrook College or another alternative provider which has been quality checked and commissioned by Oxfordshire County Council.
What happens to my child's education in the meantime, before the governors meet?
For days one to five inclusive, the school will set work to be done at home. As a parent/carer, you are responsible for keeping your child out of public places during school hours. If he/she is found in a public place, you may be liable to a penalty notice and a fine.
From day six, the local authority will provide the equivalent of full-time education for your child through an alternative provider. An Exclusion and Reintegration Officer will discuss this with you, alongside a Special Educational Needs Officer if your child has an EHCP.
What can I do if the governors uphold the exclusion and I disagree?
You have the right to request an Independent Review Panel (IRP), which reviews the governors’ decision. As the name suggests, the panel members will have no connection to the school.
You will be given details of how to request a review in your letter from the governors confirming the exclusion. Please take careful note of the time limit (15 school days after you receive the letter, taken as two days after it was posted), as once this date has passed, you lose your right to review.
Can I bring a friend or supporter to the governor meeting or the Independent Review?
You can bring a friend or supporter who may speak on your behalf if you prefer not to do so yourself, or simply be there to offer support.
Can my child attend either of the meetings?
Schools should always allow your child to attend and speak if they are old enough and able to do so.
Students over the age of 18 have the right to represent themselves. It is up to you whether your child attends the meeting and, if so, what role they will play, for example, whether they are willing/able to answer questions or make a statement on their own behalf to the governors.
They do not have to speak at the meeting if they do not want to, nor do they have to sit through the whole meeting. If you or your child becomes upset during the meeting, you can ask for a short break.
If the exclusion is upheld, how do I find another school?
The Exclusions and Reintegration Officer (and Special Educational Needs Officer if your child has an EHCP) from Oxfordshire County Council will discuss this with you and will identify a new school.
You can express a preference for a particular school, but a place there cannot be guaranteed. The local authority operates a 'fair access' system of identifying school places for permanently excluded pupils. The Exclusion and Reintegration Officer will discuss this process with you.
What happens if my child has to travel a distance to the new school?
If the school is allocated by the local authority and the distance is considered beyond ‘reasonable’, the local authority will pay for transport, usually in the form of a bus pass.
If the school is one you chose outside the local authority's fair access arrangements, you will be responsible for getting your child to and from the school.
How long will it take to get my child into a new school?
The local authority will try to do this as quickly as possible. Generally, it takes about four to eight weeks, but that will depend on when the governors' committee can meet and how ready your child is for admission to a second school.
Who can I talk to or get advice?
Is there someone at the local authority I can talk to about the exclusion?
An Exclusion and Reintegration Officer from the local authority will contact you with regard to any exclusion. You will be sent a letter from the school, which will include important information about whom you can contact for support.
Is there anyone else who might give me advice?
If your child has special educational needs, you may wish to seek assistance from SENDIASS by contacting them. You could also contact The Children’s Legal Centre.
My child has special educational needs (SEN), does that make a difference in how the school deals with suspending or excluding them?
If your child is identified as needing SEN Support, the school should consider the effectiveness of the current provision before any suspensions or permanent exclusion.
If your child has an EHCP, an emergency annual review must be held before the school considers a permanent exclusion.