Exclusions from school

This content relates only to children at maintained schools, academies or pupil referral units.

Only the head teacher of a school (or the teacher in charge of a pupil referral unit or the principal of an academy) can exclude a pupil.

There are only two types of exclusion from a school which are lawful: permanent and fixed period.

This means that legally a pupil is either in school full-time or they are excluded from school. They can be excluded for a fixed term (for a specific number of school days) or permanently excluded. Any exclusion of a pupil, even for a short period of time, must be formally and accurately recorded.

Pupils can only be excluded for disciplinary reasons. A child can not be excluded because their placement cannot meet their needs or for something which their parents did or did not do.

'Informal' or 'unofficial' exclusions, such as sending a pupil home to cool off or the school putting a pupil on a 'part-time timetable', are all unlawful. Unlawful exclusion of a child with a disability may amount to disability discrimination under the Equality Act 2010.

What steps does the school have to take?

No child should be excluded for an unstated period, for a non-disciplinary reason, or without formal notice in writing from the headteacher.

What should you do if your child is excluded?

Children with special educational needs may be excluded for reasons which arise from their needs not being properly met. If your child has been excluded, you should consider what actions you can take to try to get their needs more effectively met and avoid further exclusions in the future. this would change depending on whether your child has an EHPC or not.

Have an EHCP

An EHCP is a legal document, and the LA has a duty under Law to ensure that the special educational provision set out in the EHCP is provided. If you believe that your child has been excluded as a result of their special educational needs not being met, you may need to consider one or more of the following:

1. Has the provision set out in Section F of the EHCP been arranged?

If not, you should make a complaint to the LA about this failure.

2. Is the provision in the EHCP the right kind of provision, and is there an adequate amount of support?

If not, write to the School and LA asking for an early Review Meeting. This is something called an Interim or Emergency Review. At the Review meeting you should discuss the contents of the Plan and request that changes are made to add more support, or make the description more quantified and specific.

If your child has been permanently excluded and you need to choose a new school to name in the EHCP this route is important to follow.

3. If you feel that the EHCP does not accurately reflect your child's needs or the provision they require, and that new information is required in order to work this out, you may wish to ask for a re-assessment.

4. Read the relevant sections of the statutory guidance Suspension and Permanent Exclusion (GOV.UK) from maintained schools, academies and pupil referral units in England, including pupil movement.

5. If your child has been permanently excluded, consider whether you want to use your right to have a SEN expert present at the independent review panel.

6. If your child has been excluded for more than 5 days, they are entitled to Alternative education or Alternative Provision. You should then ensure this education is provided.

(Adapted from IPSEA).

Managed moves

What is a managed move?

A managed move is a voluntary agreement between schools, parents and your child. It is for your child to change school or educational programme under controlled circumstances.

Managed moves are often used as an alternative to permanent exclusion; the result is that no exclusion is formally logged on your child's school record.

A managed move is different to the power of a school to direct a pupil off-site for the improvement of their behaviour. This is a particular power given to maintained schools under section 29(3) Education Act 2002 and is strictly time limited.

It is important that you clarify with the School the legal basis under which they are proposing that a child is sent to other premises for their education. A managed move can only be with the consent of all of those involved, whereas direction off-site under section 29(3) can be done without the consent of the parents.

When might a managed move be appropriate?

A managed move may be suitable in the following situations:

• where your pupil refuses to attend their current school
• where they are at risk of permanent exclusion from their current school
• where they are posing a risk to the welfare of others at their current school
• where your child has Special Educational Needs and/or Disabilities (SEND) and is not making progress at their current school or the school is unable to meet their needs.

What educational provision might a managed move involve?

A managed move can include the following options for your child:

• transfer to a new school or college with an amended learning programme
• part-time attendance at the current school, with an individual learning and therapeutic programme elsewhere
• full-time attendance at a Pupil Referral Unit (PRU) with a view to returning to the current school or moving to a new school or college
• part-time attendance at a PRU combined with a home and community learning plan
• home-based learning to cater for the pupil's SEND.

What is a deferred managed move?

A school can implement a deferred move, where the move only takes place if your child does not keep to their side of an agreement. The plan should be clear about what your child is expected to do and the consequences of not sticking to the agreement.

What is the process for deciding a managed move?

As managed moves are voluntary agreements, there is no statutory scheme governing their use and no governmental guidance on how the process should work.

However, best practice suggests that there should be several clear stages as detailed below:

1. The school appoints a facilitator to oversee a managed move agreement.
2. The Headteacher informs parents in writing of the situation and proposal for a managed move.
3. The facilitator and Headteacher discuss options and alternatives for the pupil involved.
4. The facilitator contacts other schools or PRU which might be suitable; parents can input into this process.
5. The facilitator holds a home visit with parents to explain the situation and options.
6. The school hosts a managed move meeting. This should be attended by a representative of the school, your child and the family and the facilitator responsible for the move.
7. The managed move agreement should be drawn up and agreed to by all parties.
8. Any transport requirements should be discussed in the meeting.

Note: A managed move cannot be arranged if the main school make it clear the child cannot return if the move is unsuccessful.

What might be included in a managed move agreement?

The managed move agreement should include:

• key information such as: when it will begin, where it will be and what the next steps will be;
• an adjusted individual education plan
• the named person responsible for implementing the agreement
• incentives and goals for achievements under the agreement.

What are the advantages to a managed move?

There may be the following advantages to agreeing to a managed move:

A managed move may be a viable alternative to a permanent exclusion, because the focus is on a fresh start and providing support and services in their new educational placement or programme.

Both schools, the parents and your child are fully involved in the process and must agree before the managed move goes ahead.

A managed move can ensure a transition with minimal disruption to your child's education and without the need to go down the appeals route against a permanent exclusion. It is important that you are fully informed before consenting to a managed move; if you are unsure, you should seek advice on this.

You can read about managed moves in section 29(3) of the Education Act 2002

What if the managed move is not successful?

The Head Teacher of the new school can terminate the move at any time if the move is not working (for example, a serious breach of school policy or persistent failure to meet targets set). This would mean that your child would normally return to their home school. Details of what will happen if the managed move fails will be agreed at the initial meeting.

Part time timetable

'Where a child is of compulsory school age, parents have a duty to ensure that they receive suitable "full-time" education', Education Act 1996, s7. "Duty of parents to secure education of children of compulsory school age.

The parent of every child of compulsory school age shall cause him/her to receive efficient full-time education suitable-

• To his/her age, ability and aptitude and
• To any special educational needs he/she may have, either by regular attendance at school or otherwise."

The Local Authority (LA) have a duty under section 2.19 Education Act 1996 to educate pupils who cannot attend school due to illness, exclusion or other reason.

Education must be full-time unless the LA considers that: "for reasons which relate to the physical or mental health of the child, it would not be in the child's best interest for full-time education to be provided for the child", Education Act 1996, s19 (3AA).

School attendance

All pupils of compulsory school age are entitled to a full-time education.

In very exceptional circumstances there may be a need for a temporary part-time time table to meet the individual pupil's needs, for example, where a medical condition prevents a pupil from attending full-time education and a part-time time table is considered as part of a re-integration package.

A part-time time table must not be treated as a long term solution. Any pastoral support programme or other agreement must have a time limit by which point the pupil is expected to attend full-time or be provided with alternative provision.

Reasons given for a part-time timetable

Education settings do sometimes place disabled children or children identified as having special educational needs on part-time timetables. The reasons stated by the settings include preventing exclusion, challenging behaviour or school cannot meet need.

In relation to preventative measures, the Education Act 1996 states that a child of compulsory school age has a right to a full-time education. Schools have a duty to place children or young people on SEND support if a special educational need or disability is identified and to make 'reasonable adjustments'. These adjustments could include providing extra support and aids, such as specialist teachers or equipment – Equality Act 2010.

If behaviours are deemed 'challenging', then this can often be an indication of an unmet need. In line with the SEND Code of Practice the school should assess needs, including involving other professionals, put in place appropriate intervention and support and review progress.

The school should also consider carrying out a Children-Single Point of Access (C-SPA) Request for Support Assessment to eliminate any other factors, other than SEND, which might be impacting on the child's behaviour in school. If appropriate the school could decide to request an Education, Health and Care needs assessment to help to identify needs. A part-timetable should only be considered in 'very exceptional circumstances and in full agreement with parents'.

Childcare and reception classes The majority of 3 and 4 year old children are entitled to 750 hours per year free childcare, which is usually offered as 15 hours per week universal hours over 38 weeks. This part time offer is available until children start in a reception class at school or reach compulsory school age, if later. If a child has been identified as having SEND a nursery or school may suggest part time attendance initially to aid transition and this could be in conversation or support with the Early Years SEND Advisory Team.

Many nurseries, preschools, child-minders and reception classes may start the child's transition into their setting for a few hours each day and build up to a full-time place. This allows the child time to settle in and also for the staff to begin to get to know the child and assess their needs.

This is acceptable and generally parents want the start of their child's time in the setting to be successful. Children will vary in the time it may take them to settle in new surroundings, some settle much quicker than others but settings should always keep parents informed. If you disagree with this you can argue, under the Equality Act 2010, that your child has been denied what might be offered to their peers for a reason related to his or her disability.

Parents can;

• Refuse a part-time timetable
• Accept a time-limited part-time timetable dependent on the child's needs with a view to progressing as quickly as possible back into full time education
• Make school aware that it would be unlawful to not provide their child with a full-time education
• Request that the school apply for emergency funding if the child is new to the school and special needs are obvious unless the child already has an EHCP
• Discuss with the school or setting to request for an education, health and care needs assessment. Parents themselves can also put this request forward to the local authority.
• Consider a move to another school although this would not be advisable as there would possibly be the same issues and a move could result in a delay in assessing needs
• Complete a formal complaint following the school or settings complaint procedure if the school or setting continues to use a part-time time table.

Alternative education choices

For information on alternative education choices please visit the page.