1. Exclusion from School: Practice and Procedures 11 th March 2015 Dedworth Middle School Heather Clapp, Interim Strategic Lead for Alternative Provision Clive Haines, Governors’ Development Services

2. Guidance What legislation does the guidance relate to? The principal legislation to which this guidance relates is: The Education Act 2002, as amended by the Education Act 2011 The School Discipline (Pupil Exclusions and Reviews) (England) Regulations 2012 The Education and Inspections Act 2006 The Education (Provision of Full-Time Education for Excluded Pupils) (England) Regulations 2007

3. NEWS FLASH! DFE January 2015 Exclusions Guidance withdrawn one month later. “The government has been forced into an embarrassing climb down on school exclusions just weeks after introducing new guidelines to headteachers aimed at toughening up discipline in schools. About 3,900 children were permanently excluded from secondary schools in England in 2012/13, the most recent year for which figures are available. The number of expulsions has been falling over the past decade but there is concern among those working with excluded children and their families about the disproportionate impact on ethnic minority children and those with special educational needs (SEN).” Guardian 3 rd February 2015

4. Guidance  Exclusion from maintained schools, Academies and pupil referral units in England – 1 st September 2012 https://www.gov.uk/government/publications/sc hool-exclusion

5. Exclusion statistics 2012-13  Number of permanent exclusions has fallen considerably. 84% occur in secondary schools although this proportion is decreasing – increase in primary permanent exclusions.  Persistent disruptive behaviour accounts for 30.8% of all permanent exclusions although in primary schools, physical assault against an adult accounted for 31.3%.

6. Exclusion statistics 2012-13  Number of fixed period exclusions also decreased continuing the recent trend  81% occur in secondary schools although proportion occurring in primary schools is increasing.  Persistent disruptive behaviour accounts for 24.2% of fixed period exclusions

7. Exclusion statistics 2012-13  Boys are 3 times more likely to receive a permanent exclusion  Pupils with SEN (with or without statements) account for 7 out of 10 of all permanent exclusions  Pupils known to be eligible for or claiming FSM are 4 times more likely to receive a permanent exclusion  Over half of all permanent exclusions are given to pupils aged 13 or 14.

8. Two types of exclusion: Page 5 Only the Headteacher of a school can exclude Fixed term – parent has to know the length of the exclusion and exactly when the child is expected back at school; Can be up to 45 days in an academic year OR Permanent exclusion. All schools must notify the LA within 24 hours of any permanent exclusion

9. Guidance Key Points – page 4 Good discipline in schools is essential to ensure that all pupils can benefit from the opportunities provided by education. The Government supports head teachers in using exclusion as a sanction where it is warranted. However, permanent exclusion should only be used as a last resort, 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.

10. The headteachers duty 38. The head teacher must, without delay, notify the governing body and the local authority of: a permanent exclusion (including where a fixed period exclusion is made permanent) exclusions which would result in the pupil being excluded for more than five school days (or more than ten lunchtimes) in a term exclusions which would result in the pupil missing a public examination or national curriculum test

11. Time Scales Page 32 –See Flowchart When the exclusion is between 6 and 15 days the governors disciplinary committee must meet between 6 and 50 days after the exclusion, if the parent requests it For exclusions of over 15 days they must meet between 6 and 15 days after the exclusion; For permanent exclusions they must meet within 15 days of the exclusion

12. Some principles  Only the head teacher can exclude a pupil and this must be on disciplinary grounds. In exceptional circumstances a fixed period can be converted into a permanent exclusion (usually when new evidence comes to light)  The head teacher can withdraw an exclusion that has not been reviewed by the governing body  Any decision of a school must be in line with the principles of administrative law ie rational; reasonable; fair and proportionate.  When establishing the facts, the head teacher must apply the civil standard of proof ie “on the balance of probabilities” it is more likely than not that a fact is true rather than the criminal standard of “beyond reasonable doubt”.  The Equality Act 2010 must be taken into account at all times

13. And…  Head teachers and governing bodies must take into account their statutory duties in relation to the SEN and disability code of practice (July 2014).  It is unlawful to exclude or increase the severity of an exclusion for non-disciplinary reasons.  Informal or unofficial exclusions are unlawful. The threat of exclusion must never be used to influence parents to remove their child from school. Alternatives to exclusion:  Maintained schools can direct a pupil off-site to improve his or her behaviour.  A pupil can transfer to another school as part of a managed move. For one-off serious incident a managed move via RISE can be offered.  Alternative provision

14. What is a PEX Pack?  Head teacher’s statement  Summary of investigations into the incidents in chronological order  Exclusion letters  Reports and witness statements (anonymised). Can be typed up as long as originals are held by the school  Any relevant notes, e mails etc  Behaviour Log  Summary of interventions  Latest school report and attendance certificate (3 terms)  Work sent home  School’s Behaviour Policy

15. Role of Governors Governing Body has to set up a Discipline Committee to review the exclusion This is a Statutory committee and must be clerked, but not by a governor or the headteacher Governors may delegate to 3 governors

16. Governors’ Meeting It is a formal meeting held by the governors to decide whether or not the Headteacher took reasonable action The parent is invited to make representations to the Governors The parent can take a supporter to the meeting. The pupil should be encouraged to attend

17. Governors’ Hearing The Local Authority should be given the opportunity to attend any long fixed term exclusions but will be expected to attend all permanent exclusions at Maintained Schools. For academies a LA representative can only attend if requested by the parent.

18. Governors’ Hearing The Discipline Committee appoint a Chair There should not be a private meeting before hand The parent should be present for all discussions The governors will make their decision in private Clear minutes should be taken as a record of the evidence that was considered by the Governors and made available to all parties on request (clerk) Review page 13 of guide: Preparing for meeting.

19. Agenda of the meeting 1.Introductions 2.Head puts forward their case for exclusion 3.All present are invited to ask questions of the school 4.Parent puts forward their representations 5.All present are invited to ask questions of the parent

20. Agenda of the meeting Summaries are invited from school and parent, but parent must have the last word. All except governors and clerk leave the room to enable the governors to reach their decision Parents may wait to hear the decision.

21. Governors’ deliberations: 1.Was the decision to exclude “lawful, reasonable and fair”? 2.Is the student’s behaviour a significant risk to either the learning of other students, their emotional health or physical safety? 3.Has a thorough assessment of student’s particular educational, physical and social needs been undertaken? 4.Further to above, have the appropriate actions been undertaken – and in an appropriate timescale – in terms of the necessary additional support being put in place? 5.Are there clear and well publicised school/ academy policies in place that underpin all decision making? 6.Has the student been made aware at all stages of the likely consequences of his/ her behaviour?

22. Governors’ deliberations (contin): 7. Have the parents been fully informed at all stages and have they been given the opportunity to help improve their son’s/ daughter’s behaviour? 8. Is the pupil looked after? 9. Is the pupil due to sit public examinations (and so what arrangements will be made in the event of an exclusion)? 10. Is the decision to permanently exclude a proportionate response?

23. Following the meeting Parents and the LA must be notified of the decision in writing and ‘without delay They should set out the reasons for their decision in sufficient detail for all parties to understand why the decision was made The governors notification must also include; Notice of parents’ right to ask for the decision to be reviewed by an independent review panel and the following information

24. the date by which an application for a review must be made (15 school days from the date of notice in writing of the governing body's decision was given to parents) the name and address to whom an application for a review should be submitted that, regardless of whether the excluded pupil has recognised special educational needs, parents have a right to require the local authority / Academy Trust to appoint an SEN expert to attend the review Following the meeting

25. Following the Meeting details of the role of the SEN expert and that there would be no cost to parents for this appointment that parents must make clear if they wish for a SEN expert to be appointed in any application for a review that parents may, at their own expense, appoint someone to make written and / or oral representations to the panel and that parents may also bring a friend to the review.

26. Following the Meeting In addition to the right to apply for an independent review panel, if parents believe that the exclusion has occurred as a result of discrimination then they may make a claim under the Equality Act 2010 to the First-tier Tribunal (Special Educational Needs and Disability), in the case of disability discrimination, or the County Court, in the case of other forms of discrimination That a claim of discrimination made under these routes should be lodged within six months of the date on which the discrimination is alleged to have taken place e.g. the day on which the pupil was excluded

27. Independent Review Panel (IRP) Must meet within 15 days of receiving request 3 or 5 members, lay (chair), school governor & head teacher within last 5 years SEN expert (if requested by parent) Head & Chair of disciplinary committee attend Additional evidence can be heard if relevant

28. Independent Review Panel (IRP) The IRP can a)Recommend the governors reconsider their decision b)Quash the decision and direct them to consider it again If the governors are directed and do not reinstate the pupil, the IRP will order the school to make a payment of £4000 to the LA towards the cost of alternative provision.