East Riding

Sendiass

Offering impartial Special Education Needs and Disability Information, Advice and Support (SENDIASS) in the East Riding

Fixed-term exclusions

Fixed-term exclusion is school exclusion for a set period of time. These should be for the shortest appropriate amount of time. Fixed-term exclusions may be used for up to 45 days per year - this doesn’t have to be for a continuous period.

During the first 5 days of exclusion parents are responsible for their child's whereabouts and ensuring they are not in a public without reasonable justification.

Who can exclude a child from school?

Only the Head teacher or acting head has the power to exclude a child. You should be informed of the exclusion as soon as possible. You should also be given a letter explaining the reasons for the exclusion and the length of the exclusion.

Schools are responsible for setting and marking work during the first 5 days of exclusion. From and including the sixth day of exclusion the local authority is responsible for arranging full-time education.

Informal exclusions such as being asked to take your child home without formally excluding from the school is unlawful. You shouldn’t be asked to keep your child off school because the school is unable to meet their special educational needs.

What if I disagree with the exclusion?

Schools will not usually hold a meeting if the child has been excluded for less than 5 days. You can, however, still request a meeting takes place.

You can ask the school's governing body to overturn the exclusion if either:

  • your child has been excluded for more than 5 days
  • the exclusion means they’ll miss a public exam or national curriculum test.

Meetings about the exclusion

If you disagree with the exclusion you can request a meeting with the school governors. If the exclusion takes the child over 15 days of exclusion in a term the meeting must be held. If the exclusion is between 5 and 15 days a meeting can be requested.

The meeting consists of:

  • a panel of at least three Governors
  • yourself and your child (you can be accompanied by a friend or someone to support you if you wish)
  • the Head Teacher
  • a representative of the Local Authority
  • a person to take the minutes of the meeting.

During the meeting the governors will introduce everyone. The head teacher will give the reason for the exclusion.

You will have an opportunity to speak on behalf of your child, they may wish to speak themselves or provide their views in writing.

The Governors can ask questions of both parties.

The Local Authority representative will give an overview of exclusion process and the factors the governors must consider in reaching their decision.

After both the Head Teacher and parents/carers have been given the opportunity to summarise, everyone except the Governors will be asked to leave the room to allow them to reach a decision.

The Governors can confirm the Head Teacher's decision to exclude your child or allow them to return to school. You will be informed of their decision in writing and may be informed verbally on day.

If your child has a disability this should be taken into account when making the decision to exclude as schools are under a duty to make reasonable adjustments to ensure that children who have a disability are not placed at a disadvantage to other pupils who don’t under the Equality Act 2010. Disability discrimination claims have to be made within 6 months of the exclusion.

Permanent exclusions

Where a decision is made to permanently exclude a child, a child is no longer allowed to attend the school and their name will be removed from the school roll.

A permanent exclusion 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.

Any exclusion from school can have serious implications for a pupil and should only be used as a last resort. Before deciding to exclude, the school must have tried all other methods of help to support your child in school.

During the first 5 days you as parents are responsible for your child's whereabouts, you must make sure that they are not in a public place without reasonable justification during school hours. You could be prosecuted if your child is found in a public place when they’re not supposed to be.

 

Meetings about the exclusion

This must be arranged within 15 school days of you been notified of the exclusion.

This meeting consists of:

  • a panel of at least three Governors
  • yourself and your child (you can be accompanied by a friend or someone to support you)
  • the Head Teacher
  • a representative of the Local Authority
  • any witnesses to the incident
  • a person to take the minutes of the meeting.

During the meeting the governors will introduce everyone. The Head Teacher will give the reason for the exclusion.

You will have an opportunity to speak on behalf of your child, they may wish to speak themselves or provide their views in writing.

The Governors can ask questions of both parties.

The Local Authority representative will give their view of the exclusion.

After both the Head Teacher and parents/carers have been given the opportunity to summarise, everyone except the Governors will be asked to leave the room to allow them to reach a decision.

The Governors can confirm the Head Teacher's decision to exclude your child or allow them to return to school. You will be informed of their decision in writing without delay.

If your child has a disability this should be taken into account when making the decision to exclude as schools are under a duty to make reasonable adjustments to ensure that children who have a disability are not placed at a disadvantage to other pupils who don’t under the Equality Act 2010. Disability discrimination claims have to be made within 6 months of the exclusion.

If the exclusion is upheld

If the permanent exclusion is upheld by the Governors then you have the right to appeal to an Independent Review Panel (IRP). You have the right to appeal within 15 school days of notice being given to you the parent by the Governors of their decision or within 15 school days of the final determination of a claim of discrimination under the Equality Act 2010.

The IRP's role is to review the decision of the Governors, although they are unable to reinstate your child at school. They can recommend or direct the Governors to reconsider the exclusion. You can request a SEN Expert at an IRP who can provide impartial advice to the panel about how SEN could be relevant to the exclusion.

Get in touch

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Outside of these hours, please use the Get in touch form. We aim to respond to all enquiries within 2 working days.