Education Exclusions
Schools
The law stipulates that pupils can only be excluded on grounds relating to discipline. The law expressly prohibits exclusions relating to:
- Breaches of school uniform policies
- Health & safety other than notifiable diseases
- Poor academic performance
- Pregnancy
- Informal exclusions e.g. sending children home at lunchtimes as the school is unable to provide supervision on grounds relating to a child’s disability or SEN.
The head teacher should write to the parent on the same day the exclusion is decided, explaining the reasons for the exclusion, and informing of the parent’s right to make representations to the governors.
There are two types of exclusion:
- Fixed Term – these must not exceed a total of 45 days in a single academic year. For exclusions over 5 days, parents are entitled to appeal to the Governors Discipline Committee. If the fixed term is less than 5 days, the governors may consider written representations from the parent, but they have no power to overturn the head teacher’s decision and reinstate the child.
- Permanent – A permanent exclusion must be in response to a serious incident e.g. supplying drugs in school, a serious assault, or a final response to an escalating pattern of defiant behaviour. Parents have the right to appeal against the head teacher’s decision to the Governors Discipline Committee, and if unsuccessful, to the LEA Statutory Appeal Panel.
The law on exclusion applies to all state schools, including foundation and voluntary aided schools. Independent schools are responsible for writing their own exclusion policies and procedures. These should take account of the Human Rights Act 1998.
Colleges and Universities
All colleges and universities should have their own exclusion policies and procedures. These should outline grounds on which a student might be excluded, the process for exclusion, and the right to appeal. The procedures should comply with the Human Rights Act 1998
See also