Suspension & Exclusion Policy

In this document

1.0 Policy Statement

1.1 This policy covers all pupils across the Beckfoot Trust. We are mindful not to discriminate against children on the basis of protected characteristics such as disability. Headteachers may suspend for one or more fixed term periods (up to a maximum of 45 school days in a single academic year) or permanently exclude. Pupils can be suspended for full days or parts of a day or from the premises at lunchtime if behaviour at this time is disruptive. Following more serious incidents the Headteacher can suspend for five days in the first instance to fully investigate any incident that may lead to permanent exclusion. The trust school has the duty to make an arrangement for education if a fixed-term exclusion goes beyond five days.

2.0 Scope and Purpose

This policy describes the stages of the exclusion/suspension process. It should be read in conjunction with, and not in place of, statutory guidance from the Department for Education (DfE).

By law, schools must conform to the provisions of the current national guidance when a pupil is suspended/excluded from school. The current guidance can be found online at https://www.gov.uk/government/publications/school-exclusion.

This policy should be read in conjunction with the following Trust policies:

  • Care and Control
  • Child Protection and Safeguarding
  • Behaviour (and local school behaviour / anti-bullying protocol)
  • SEND

This policy is underpinned by the following legislation and guidance:

  • Education Act (1996)
  • Education and Inspections Act (2006)
  • Education Act (2011)
  • School Discipline Regulations (2012)
  • Education [Provision of Full time Education for Excluded Pupils] Regulations (2007, amended 2014)
  • Keeping Children Safe in Education (2024)

Definitions

Exclusion – when a pupil is removed from the register at the school, with the local authority (LA) having to find alternative provision for them.

Suspension – used to describe a fixed period, where a pupil is temporarily removed from school. A pupil can be suspended for one or more fixed periods (including parts of the school day) up to a maximum of 45 school days in an academic year. If a child reaches 45 days, the school may decide to permanently exclude for persistent disruptive behaviour.

3.0 Overarching Principles

Beckfoot Trust aims to ensure that:

  • The exclusions process is applied lawfully, reasonably, fairly and consistently
  • The exclusions process is understood by the Trust board, staff, parents and pupils
  • Pupils in school are safe and happy and their right to education is protected
  • Good discipline is maintained to ensure that all pupils can benefit from the opportunities provided by education
  • The trust does not discriminate against pupils on the basis of protected characteristics, such as disability or race
  • The trust gives particular consideration to the fair treatment of pupils from groups who are vulnerable to exclusion, providing additional support where necessary to meet expectations
  • That pupil’s unmet needs are identified, and early intervention is implemented to reduce further exclusion
  • Excluded pupils and their parents/carers are enabled and encouraged to participate at all stages of the exclusion process, taking into account their age and ability to understand
  • Pupils do not become NEET (not in education, employment or training)

4.0 Responsibilities and Arrangements

4.1 Prevention

Each school is committed to making full use of preventative measures, as outlined in detail in the Behaviour Policy, as their main way of avoiding suspension or exclusion of any kind for all students. Students will not be suspended or excluded unless it is absolutely necessary to do so and if it is felt that no other viable alternative is available, such as in response to serious or continuous breaches of the Behaviour Policy or if the student remaining would harm the education or welfare of other students or staff.

In addition to the measures outlined in the Behaviour Policy, and other than in the case of a one-off but very serious behaviour incident, the permanent exclusion of a student will be the final sanction at the end of a lengthy series of procedures that have been put in place to support the student to improve their behaviour. These procedures may include but are not limited to:

  • An identified key worker within their school
  • Review of their curriculum provision, class / group, seating arrangements, non-lesson time etc.
  • Therapeutic support available within the school e.g. counselling, youth worker, SSPO
  • Pastoral Support Plan
  • Referral to external agencies e.g. CAMHS, Educational Psychology, Youth Services
  • Referral to the services provided by the Local Authority’s Early Help offer
  • Referral for a needs assessment for an Education Health and Care Plan (EHCP)
  • For students who are looked after by the Local Authority, liaison with the Virtual School
  • For students who are on Child in Need or Child Protection Plans, liaison with their social worker
  • For students who have an existing EHCP or identified SEND, liaison with the Local Authority SEND team

All students are entitled to the full extent of our preventative measures and support, but we also recognise that there are some students who, due to other factors present in their life, may be additionally vulnerable in relation to all types of suspension and exclusion. These additional vulnerabilities can both increase risk of suspension and exclusion as well as exacerbate the negative impacts of being suspended or excluded. These additional vulnerabilities may include but are not limited to:

  • Special Educational Needs and / or Disabilities (with or without an EHCP)
  • Medical needs
  • Mental Health needs
  • Young carers
  • Children who are looked after by the Local Authority, including those who were formerly looked after
  • Children who have a social worker
  • Children who are on a Child in Need or Child Protection Plan

The Trust is committed to recognising these additional vulnerabilities and prioritising affected students when working preventatively and supportively with them and their families. This may, for example, be by providing support at an earlier stage, a broader package of support, or by involving specialists from other agencies.

Our success as a Trust is built on the three-way relationship between home, school and child. All families enter this partnership when their child enters one of our academies and, with that as the starting point, we expect families to work alongside us in supporting good behaviour and the measures we put in place to support their child to enjoy, learn and succeed.

Off-site direction to another school or alternative provision, either full time or as part of a combination of this and continued mainstream provision, can be a supportive preventative measure for some students at risk of exclusion. Full statutory and non-statutory guidance can be found in the DfE publication, Suspension and Permanent Exclusion, and must be adhered whenever off-site direction is being considered.

A managed move to another school can also be a supportive preventative measure for some students at risk of exclusion. Managed moves should only be offered as a permanent transfer, only when the student has been attending the receiving school under an off-site direction and review has deemed that they have settled in successfully, and only when voluntary and agreed with all parties involved, including families and the receiving school itself.

4.2 The Headteacher’s Power to Suspend or Permanently Exclude

Headteachers can use suspension and permanent exclusion as a sanction, when warranted, as part of creating a calm, safe, and supportive environment in which pupils can learn and thrive. To achieve this, suspension and permanent exclusion form a ‘last resort’ part of a functioning behaviour system, where it is accepted that not all pupil behaviour can be amended or remedied by pastoral processes or consequences within the school.

The Trust Board and Leaders will work collaboratively to develop behaviour principles, policy and a culture which minimises the risk of exclusion. School leaders will put in place strategies designed to prevent school exclusions, in line with the statutory guidance and best practice.

Headteachers can use suspensions in response to serious incidents or persistent behaviours which have not improved following in-school sanctions and interventions.

The decision to permanently exclude a pupil must only be taken:

  • In response to a serious breach or persistent breaches of the Trust’s behaviour policy/school protocol, and:
  • Where allowing the pupil to remain in school would seriously harm the education or welfare of the pupil or others, such as staff or pupils, in the school.

The issuing of a suspension or permanent exclusion is at the discretion of the Headteacher, and reasons may include, but are not limited to:

  • Physical assault against another student
  • Physical assault against an adult
  • Verbal abuse or threatening behaviour against another student
  • Verbal abuse or threatening behaviour against an adult
  • Use or threat of use of an offensive weapon or prohibited item
  • Peer on peer abuse
  • Racist abuse
  • Abuse against sexual orientation or gender reassignment
  • Abuse relating to disability

There may be exceptional circumstances where, in the Headteacher’s judgement, it is appropriate to permanently exclude a child for a first or ‘one off’ offence. This could include but is not limited to:

  • Serious actual or threatened violence against another student or member of staff
  • Sexual, racial or homophobic assault
  • Supplying or using an illegal drug
  • Carrying an offensive weapon

4.3 The Suspension/Exclusion Process

4.3.1 Stage one: Headteacher notified parties of their decison

When a Headteacher suspends or excludes a pupil, they must, without delay, notify parents of the length of the suspension or exclusion and the reason(s) for it. The school must also alert parents to their right to make representations to the Trust Board and outline how representations can be made.

All schools must provide information via the school census on any student subject to suspension or permanent exclusion in the previous two terms and up to three reasons can be recorded per exclusion.

Any time a student is told or forced to leave the school, or not allowed to attend, is either a fixed term suspension or permanent exclusion if it is for disciplinary reasons and must be done in accordance with this policy and the statutory regulations that inform it. Suspending a student for a short period of time, such as a half day, is allowed but the formal process for a fixed term suspension, including recording of the suspension, must be followed.

A student being told or forced to leave the school, or not allowed to attend, without the formal process being followed is unlawful. Reasons a school might do this include but are not limited to:

  • The student having Special Educational Needs that the school feels they cannot meet
  • Failure of student and / or families to attend a meeting at the end of the fixed term exclusion
  • Putting pressure on a family to remove their child, possibly under the threat of permanent exclusion, and encouraging Elective Home Education or to find another school place

If any of these unlawful exclusions are carried out and lead to the deletion of a student’s name from the register, this is known as ‘off-rolling’.

If a family feels that the procedures relating to an exclusion have not been followed, or they feel pressured into home educating or finding another school for their child, they can escalate their complaint. The Trust will determine the most suitable route for dealing with the complaint which may be through the Trust’s Complaints Policy or via an Independent Review Panel.

All schools have a statutory duty to safeguard and promote the welfare of their students, including a duty to cooperate with the local statutory safeguarding partnership agencies, and any decision to suspend or exclude a student must be made with due regard to the most recently published version of Keeping Children Safe in Education.

All decisions to suspend or exclude should be made with the support and advice of the Designated Safeguarding Lead in order to ensure any known additional risk of harm to the student that might arise or be exacerbated by a suspension/exclusion are considered.

4.3.2Suspension notification requirements

The Headteacher must inform relevant parties of a suspension as follows:

  • The parent/carer must be notified without delay, in writing, of the length of suspension, the reasons for the suspension, the parent’s right to make representations to the Trust Board, how representations should be made and the days on which the student must not be in a public place.
  • The Trust Board must be informed where the suspension would result in the pupil being suspended for a total of six or more school days in a term, or where the suspension would result in the pupil missing a public examination or national curriculum test. The headteacher must also inform the Trust Board once per term of any other suspensions.
  • The LA must be informed without delay of all suspensions regardless of their length.
  • The Headteacher must, without delay, also notify the social worker (if a pupil has one), and the virtual school head (VSH) if the pupil is a looked-after child.

4.3.3 Education provision during a suspension

Where the suspension exceeds five days, the Trust Board is responsible for ensuring suitable alternative full-time education is arranged for the pupil from the sixth day. However, schools should ensure provision is in place as soon as is practical.

4.3.4 Permanent exclusion notification requirements

In the case of permanent exclusion, the Headteacher must inform the following without delay:

  • The parent/carer should be notified without delay in person or by telephone, ensuring the parent understands and has opportunity to ask questions. There must also be notification in writing which must include the reason for the exclusion, details of the date by which the Trust Board must review the exclusion, the parent’s right to make representations to the Trust Board, the right for the parent, the days on which the student must not be in a public place
  • The Trust Board and Local Authority.
  • The pupil’s social worker (if the pupil has one), and the Virtual School Head (VSH) if the pupil is a looked-after child.
  • The pupil’s ‘home authority’ (if the pupil lives outside the school’s local authority area) who is responsible for ensuring suitable alternative full-time education.

4.3.5 Cancelling a suspension or exclusion

Headteachers may cancel (withdraw/rescind) a suspension or exclusion that has begun but has not yet been reviewed by the Trust Board as per current guidance. If this occurs, the parents, Trust Board and LA should be notified, and if relevant, the social worker and VSH. Parents should have the opportunity to discuss the circumstances of the cancellation with the Headteacher.

Schools should report the number and circumstances of such cancellations to the Trust Board each term to enable oversight of the effectiveness and consistency of suspension and exclusion.

4.4 Trust Board panel reviews the Headteacher’s decision

The Trust Board must consider the Headteacher’s decision to suspend or exclude a pupil in the circumstances set out below and in accordance with the flow chart on page 39 of the DfE guidance.

4.4.1 A suspension which brings the pupil’s total suspension days to five or fewer in a term.

The Trust Board must consider representations made by parents, but it is not required to arrange a meeting with parents and cannot direct reinstatement.

4.4.2 A suspension which brings a pupil’s total suspension days to more than five but less than 15 days in a term.

The Trust Board must consider reinstatement, if parents request this, within 50 school days of being notified of the suspension. In the absence of any representations from parents, the Trust Board is not required to meet and cannot direct the reinstatement of the pupil.

4.4.3 Permanent exclusion or suspension which would bring the pupil’s total suspension days to more than 15 in a term.

The Trust Board must consider reinstatement within 15 school days of being notified of the suspension/exclusion, regardless of whether the parents make representations.

4.4.4 Where a pupil’s suspension or exclusion would cause them to miss a public examination or national curriculum test.

The Trust Board must make reasonable efforts to meet and consider reinstatement before the date of the exam. If this is not practical, the Trust Board must consider reinstatement within 15 school days.

4.4.5 Forming a panel/committee

The mechanism for considering reinstatement is a meeting whereby a panel/committee of trustees determine whether the Headteacher’s decision to exclude was lawful, reasonable, and procedurally fair. The Trust Board may delegate this to a committee or panel known as a pupil discipline committee (PDC)) to hear. The membership of the panel may include, Trustees, senior Trust staff and members of local school committees.

The statutory guidance says that the PDC should also take account of the welfare and safeguarding of the pupil and their peers, the Headteacher’s legal duties, and any evidence presented to them.

4.4.6 Arranging the meeting

See How to arrange a PDC for a Suspension / Exclusion

The clerk has an important role in arranging a panel and supporting the school with meeting arrangements, providing procedural advice and producing the outcome letter.

The following parties are invited to the meeting:

  • The Headteacher
  • The pupil’s parents/carers
  • The pupil’s social worker (if the pupil has one) and VSH (if the pupil is a looked-after child)
  • A representative of the LA, if requested by the parents. In the event that the parent invites the LA to attend, they can only attend as an observer and may only make representations with the PDC’s consent.
  • The pupil should also be made aware of their right to attend, where appropriate, taking into account the pupil’s age and understanding. The pupil should be enabled to make a representation on their own behalf if they wish to do so.
  • Parents and pupils can be accompanied by a friend or representative at the meeting.
  • The PDC meeting should be professionally clerked

The Trust board must make reasonable endeavours to arrange the meeting within the statutory time limits set out above and must try to have it at a time that suits all relevant parties. However, the decision of the PDC will not be invalid simply on the grounds that it was not made within these time limits.

4.4.7 Reasonable adjustments

The school, Trust Board and clerk need to ensure they have fulfilled their responsibility to make reasonable adjustments so that all parties can attend and contribute fully to the meeting. This may include, for example, adjustments for pupils or parents with disabilities or the use of a translator. The pupil should be encouraged to attend and speak on their own behalf. This could involve allowing them to bring a friend, or, if their attendance is not possible, suggesting an alternative means of feeding their views into the hearing (e.g. by written statement, voice recording etc).

4.4.8 Circulating evidence and information

The PDC should receive written evidence and other information relating to the exclusion in advance of the meeting. Where possible, this should be circulated to all parties, including the PDC, at least five days before the meeting. This may include, but is not limited to:

  • A list of all those who will be present at the PDC meeting
  • Relevant policies (the behaviour policy in particular)
  • Relevant suspension / exclusion letters
  • Parents’ written representations in support of their child
  • Witness statements (these can be from the headteacher, the pupil’s teachers, the designated safeguarding lead, the pupil themselves, their parent(s) and, if applicable, the designated teacher for looked-after children, the pupil’s social worker, and VSH)
  • The pupil’s behaviour record
  • Photographs and videos such as CCTV recordings (subject to data protection considerations)
  • Evidence of support and interventions attempted prior to exclusion.

4.4.9 Minutes of the meeting

The clerk should take detailed minutes throughout the meeting which state the evidence and information considered by the PDC, including questions and answers. The minutes should state how decisions were reached (the clerk should be present during the PDC’s deliberations and decision making) as they may be referred to by an independent panel if called upon to review the PDC’s decision. The minutes should be made available to all parties, upon request, but otherwise should remain confidential.

4.5 Written notification of the decision

The PDC must, without delay, inform the Headteacher, the parent, the LA (along with the pupil’s home authority, where applicable) and, where relevant, the pupil’s social worker and/or the VSH of their decision and the justification for it in writing.

The PDC should set out the reasons for its decision in sufficient detail to enable all parties to understand why the decision was made.

A note should be made on the pupil’s educational record, whatever the decision, and copies of relevant papers should be kept for at least six months in case a discrimination claim is made.

4.6 Parents’ right to appeal permanent exclusion

Where the PDC decides not to reinstate the pupil in the case of a permanent exclusion, it must provide the parents with the following information in addition to the above:

  • Notification of their right to appeal to an independent review panel (IRP) within 15 school days of receipt of the PDC’s decision
  • Where and to whom this appeal (and any written evidence) should be submitted to
  • The application for a review should set out the grounds on which it is being made and that, where appropriate, this should include a reference to how the pupil’s special educational needs and disability (SEND) is considered to be relevant to the permanent exclusion
  • The parents’ right to ask a SEND expert to attend the IRP (regardless of whether the pupil has recognised SEND) and an explanation of what the expert does
  • That they may appoint someone to make written and/or oral representations on their behalf, at their own expense
  • What to do if the parents think that there has been discrimination in the decision (they may make a claim to the First-Tier Tribunal under the Equality Act 2010 in cases of disability discrimination, and for other types of discrimination that they can make a claim to the County Court), and that such action must be taken within six months of the date that the pupil was excluded

If the parents fail to apply for an IRP within the stipulated timeframe, or if they state in writing that they will not pursue a review, then the Trust Board is responsible for ensuring that the name of the permanently excluded pupil is removed from the school admissions register.

4.7 Independent Review of The Board’s Decision

An Independent Review Panel (IRP) must be convened if the parents apply for an independent review within 15 school days of having been informed of the Trust Board’s decision, or within 15 school days of the PDC’s decision not to reinstate.

4.7.1 The role of the IRP

An IRP is convened to review the Trust Board’s decision not to reinstate a permanently excluded pupil. It must decide whether the Trust Board’s decision was flawed owing to illegality, irrationality or procedural impropriety. The IRP will consider the interests and circumstances of the excluded pupil and have regard to other pupils and school staff.

Following its review, the IRP has three options: 

  • Uphold the decision of the Trust Board
  • Recommend that the Trust Board reconsiders reinstatement
  • Quash the decision and direct the Trust Board to reconsider reinstatement.

4.7.2 IRP arrangements and procedure

The Trust may choose to delegate the arrangements for an IRP to a service provider. 

The trust or service provider will appoint a clerk for the hearing (who must not have served as clerk for the original PDC which made the decision not to reinstate the pupil).

IRP procedures and the duties of IRP members, the clerk and the SEN expert are covered in parts nine, ten and eleven of the statutory guidance relating to exclusions. This includes the possibility of relevant parties (such as the pupil, parent and PDC) making representations to the IRP and attending the hearing.

The review must begin within 15 school days of the day on which the parent’s application for a review was made. 

4.8 Trust Board Revisit Their Decision

If, as a result of the IRP, the Trust Board is directed or recommended to review its original decision, it must do so within 10 school days of notification. The Trust Board should reconsider reinstatement using a thorough process, regardless of whether it is a direction or recommendation of the IRP.

4.8.1 Process for reconsidering reinstatement

A panel of trustees or a delegated committee (which may include senior staff members, trustees and local school committee members) will need to convene a meeting to reconsider reinstatement. Wherever possible, the individuals who were part of the original PDC should not be involved at this stage.

Individuals involved in reconsidering the decision are not required to receive representations or hear evidence from relevant parties. However, it is important that any new information and evidence that is relevant to the exclusion is considered at the meeting. The meeting should be clerked as it is important that clear minutes are taken.

A pupil’s intention (or otherwise) to return to the school on reinstatement should not affect the committee’s decision to reinstate. It should be based purely upon whether, in light of the IRP’s recommendations, the decision to exclude should be upheld.

The committee should be aware that its decision may face challenge in the courts if it refuses to reinstate the pupil without strong justification. The committee’s decision should demonstrate how it has addressed the concerns raised by the IRP.

If the Trust Board receives a direction to reconsider the exclusion decision but decides not to offer to reinstate the pupil, the Trust will be required to make a direct payment of £4000 to the LA.

4.8.2 Notification of the decision

Whatever the decision of the panel, the Trust Board must immediately give written notification to the parents, the headteacher, the LA and, where relevant, the home authority.

If the Trust Board decides to reinstate the pupil, it will need to determine the date of the reinstatement and notify the headteacher and the parents immediately. Even if the pupil does not wish to return to the school, the decision should always be noted on their educational record.

Appendix A: Duties of the Board following a Headteacher’s decision to suspend or exclude

The Governing Board (the Beckfoot Board of Trustees) are legally required to convene a meeting to consider reinstatement of a pupil suspension or permanent exclusion in line with the DfE Guidance and as per Beckfoot Trust terms of reference for Pupil Discipline Committees (PDCs)

The PDC must consider and decide on the reinstatement of a suspended or permanently excluded pupil within 15 school days of receiving notice of a suspension or permanent exclusion from the Headteacher if:

  • It is a permanent exclusion
  • It is a suspension which would bring the pupil’s total number of school days out of school to more than 15 in a term
  • It would result in the pupil missing a public examination or national curriculum test

Where the suspension is more than 5 but less than 15 days, the PDC has to meet only if parents make representations (request a review / appeal the decision). In this case, the PDC must consider reinstatement within 50 school days. 

Where a suspension is 5 days or less, the PDC has to meet only if parents make representations (request a review / appeal the decision). The PDC will consider any representations made by parents but does not have the power to decide whether to reinstate the pupil and does not have to arrange a meeting with the parent. The PDC must meet within 50 school days. 

Appendix B: Permanent exclusion

From the Headteacher notifying parents/carers with copies to the social worker or virtual school if applicable.
Dear [Parent/Carer’s Name]

I regret to inform you of my decision to permanently exclude [Child’s Name] with effect from [date]. This means that [Child’s Name] will not be allowed in this school unless reinstated by the Governing Board.

I realise that this exclusion may well be upsetting for you and your family, but the decision to permanently exclude [Child’s Name] has not been taken lightly. [Child’s Name] has been excluded because [reasons for the exclusion should be clearly worded to ensure parents have in writing the reason for the suspension / exclusion – not the school’s coding].

[For pupils of compulsory school age]

You have a duty to ensure that your child is not present in a public place in school hours during the first five school days of this exclusion, i.e., on [specify the precise dates] unless there is reasonable justification. You could be prosecuted or receive a penalty notice if your child is present in a public place during school hours on those dates. It will be for you to show reasonable justification.

Alternative arrangements for [Child’s Name]‘s education to continue will be made. For the first five school days of the exclusion we will set work and would ask you to ensure this work is completed and returned promptly to school for marking [Set out arrangements for the work within the five day duty at home, this may be different if supervised education is being provided earlier than the sixth day, or if the issuing of exclusion is following a period of suspension as this will count within the schools’ duty as a continuous number of days and school will be required to ensure full-time appropriate education over five days until the LA 6th day duty from the PEX decision]. From the sixth school day of the decision on permanent exclusion onwards, i.e. from [specify the date], Bradford Local Authority will provide suitable full-time education. [set out the arrangements if known at time of writing, if not known say that the arrangements will be notified shortly by further communication or letter.]

[Where pupil lives in a local authority other than the excluding school’s local authority] I have also today informed [name of officer] at [name of local authority] of your child’s exclusion and they will be in touch with you about arrangements for education from the sixth school day of exclusion. You can contact them at [give contact details].

As this is a permanent exclusion, the governing board must meet to consider it. At the review meeting you may make representations if you wish and ask them to reinstate your child in school. The governing board have the power to reinstate your child immediately or from a specified date, or, alternatively, they have the power to uphold the exclusion in which case you may request that their decision is reviewed by an Independent Review Panel.

The latest date by which the governing board must meet is [specify the date — the 15th school day after the date on which the governing body was notified of the exclusion]. If you wish to make representations and wish to be accompanied by a friend or representative, please contact [insert school contact]as soon as possible. Whether you choose to make representations or not, you will be notified of the time, date and location of the governors meeting. Please tell us if you have a disability or special needs which would affect your ability to attend the meeting or if you need an interpreter present at the meeting.

If you think this exclusion has occurred as a result of discrimination you may raise the issue with the governing board

[Delete if the pupil is not eligible for FSM]

As your child is entitled to free school meals you can request a packed lunch from school by contacting [staff name and contact]. Although the school is obliged to provide a meal, it’s your responsibility to request and collect it.

You have the right to see a copy of [Name of Child]‘s school record. Due to confidentiality restrictions, you must notify me in writing if you wish to be supplied with a copy of your child’s school record. I will be happy to supply you with a copy if you request it.

You may also wish to contact an Exclusion Officer at City of Bradford MDC on 01274 439333/432446/435239 or email [email protected], who can provide advice.

The statutory guidance connected to exclusions can be found at: https://www.gov.uk/government/publications/school-exclusion

I would also advise you of the following sources of free and impartial advice:


Yours sincerely

[Name]

Headteacher

Cc 

[Social worker if applicable]
[For looked after children, please send a copy to [email protected] using suspension notification in the subject heading without delay]

Appendix C: Suspension letter 1 – suspension less than 5 days

Suspension where the total number of days suspended from school is 5 days or less over the term, and where a public examination is NOT missed.

From the Headteacher notifying parents/carers with copies to the social worker or virtual school if applicable.

For school letterhead

 
Dear [Parent’s Name]

I am writing to inform you of my decision to suspend [Child’s Name] for a [specify number of days]. This means that your child will not be allowed in school for this period. The suspension begins/began on [date] and ends on [date].

I realise that this suspension may well be upsetting for you and your family, but the decision to suspend [Child’s Name] has not been taken lightly. [Child’s Name] has been suspended for this fixed period because [reason(s) for suspension].

[For pupils of compulsory school age]

You have a duty to ensure that your child is not present in a public place in school hours during this suspension on [specify dates] unless there is reasonable justification for this. I must advise you that you may receive a penalty notice from the local authority if your child is present in a public place during school hours on the specified dates. If so, it will be for you to show reasonable justification.

We will set work for [Child’s Name] to be completed on the days specified in the previous paragraph as school days during the period of suspension when you must ensure that your child is not present in a public place without reasonable justification. Please ensure that work set by the school is completed and returned promptly for marking. [Work is to be collected from and returned to the school’s main reception or set out different arrangements with named contact].

You have the right to make representations about my decision to suspend to the governing body. If you wish to make representations, please contact the Clerk by email to [email protected] as soon as possible. The governing body must consider representations made by parents, but it cannot direct reinstatement and it is not required to arrange a meeting with parents.

You should also be aware that if you think the suspension has occurred as a result of discrimination then you 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. Further information can be found here http://www.justice.gov.uk/guidance/courts-and-tribunals/tribunals/send/index.htm ).

You should also be aware that if you think the suspension has occurred as a result of discrimination then you 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. Further information can be found here http://www.justice.gov.uk/guidance/courts-and-tribunals/tribunals/send/index.htm ).

You and [child’s name] are requested to attend a reintegration interview with me [or specify the name of another staff member] at [place] on [date] at [time]. If that is not convenient, please contact the school before your child is due to return to arrange a suitable alternative date and time. The purpose of the reintegration interview is to discuss and plan how best your child’s return to school can be managed, to enable a fresh start, and ensuring that previous behaviour should not be seen as an obstacle to future success. Failure to attend a reintegration interview will be a factor taken into account by a magistrates’ court if, on future application, they consider whether to impose a parenting order on you.

[Delete as applicable if the pupil is not eligible for FSM]

As [Child’s Name] is entitled to free school meals you can request a packed lunch from school by contacting [staff name and contact]. Although the school is obliged to provide a meal, it’s your responsibility to request and collect it.

You also have the right to see a copy of [Child’s Name]‘s school record. Due to confidentiality restrictions, you will need to notify me in writing if you wish to be supplied with a copy of [Child’s Name]‘s school record. I will be happy to supply you with a copy if you request it.

The statutory guidance connected to suspension from school can be found at: https://www.gov.uk/government/publications/school-exclusion

Should you require advise about the suspension process or governor meeting you can also contact The Exclusions Team on Bradford (01274) 439333, 435239 or 432446.

I would advise you of the following sources of free and impartial advice:



[Child’s Name]‘s suspension expires on [date] and we expect [Child’s Name] to be back in school on [date] at [time].

Yours sincerely

[Name]
Headteacher

CC

[Social worker if applicable]
[For looked after children, please send a copy to [email protected] using suspension notification in the subject heading without delay]

Appendix D: Suspension letter 2 – 5 to 15 days

Suspension where the total number of days suspended from school (including this exclusion) is more than 5 and up to and including 15 days in a term and where a public examination is not missed.

From Headteacher notifying parent / carer with copies to the social worker or virtual school if applicable

Dear [Parent’s name]

I am writing to inform you of my decision to suspend [Child’s Name] for a fixed period of [specify period]. This means that [Child’s Name] will not be allowed in school for this period. The suspension start date is [date] and the end date is [date]. Your child should return to school on [date].

I realise that this suspension may well be upsetting for you and your family, but my decision to suspend [Child’s Name] has not been taken lightly. [Child’s Name] has been suspended for this fixed period because [specify reason(s) for suspension].

[For pupils of compulsory school age – next 3 paragraphs]

You have a duty to ensure that your child is not present in a public place in school hours during the first five school days [or specify dates if suspension is for fewer than five days] of this suspension, that is on [specify dates]. I must advise you that you may be prosecuted or receive a penalty notice from the Local Authority if your child is present in a public place on the specified dates without reasonable justification. It will be for you to show that there is reasonable justification for this.

We will set work for [Child’s Name] during the [first 5 or specify other number as appropriate] school days of the suspension [specify the arrangements for this]. Please ensure that work set by the school is completed and returned to us promptly for marking. [Work is to be collected from and returned to the school’s main reception or set out different arrangements with named contact].

[If this particular suspension notification is for more than five days, or by issuing it, it will take the consecutive days of suspension above 5 days, use this paragraph]

From the sixth school day of the pupil’s suspension [specify date] until the expiry of pupil name’s suspension [specify date] we will provide suitable full-time education. – [set out the arrangements if known at time of writing, if not known say that the arrangements will be notified shortly by a further letter including the information in bold/green below.]On [date] your child should attend at [give name and address of the alternative provider if not the home school] at [specify the time — this may not be identical to the start time of the home school] and report to [staff member’s name]. [If applicable insert transport arrangements from home to the alternative provider. If not known, say that the arrangements for suitable full-time education will be notified by a further letter].

You have the right to request a meeting of the pupil discipline committee to whom you may make representations, and my decision to suspend can be reviewed. As the period of this suspension means [Child’s name] has more than five school days of suspension in a term the pupil discipline committee must meet if you request it to do so. The latest date by which the pupil discipline committee must meet, if you request a meeting, is [specify date — no later than the 50th school day after the date on which the discipline committee were notified of this suspension]. If you do wish to make representations to the pupil discipline committee and wish to be accompanied by a friend or representative, contact [insert school contact]as soon as possible.

Please advise if you have a disability or special needs which would affect your ability to attend or take part in a meeting at the school. Also, please inform us if it would be helpful for you to have an interpreter present at the meeting.

You should also be aware that if you think the suspension has occurred as a result of discrimination then you 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. Further information can be found here http://www.justice.gov.uk/guidance/courts-and-tribunals/tribunals/send/index.htm).

[This paragraph applies to all suspensions of compulsory school-aged pupils]

You and [Child] are requested to attend a reintegration interview with me [alternatively, specify the name of another staff member] at [place] on [date] at [time]. If that is not convenient, please contact the school before your child is due to return to arrange a suitable alternative date and time. The purpose of the reintegration interview is to discuss and plan how best your child’s return to school can be managed, to enable a fresh start, and ensuring that previous behaviour should not be seen as an obstacle to future success. Failure to attend a reintegration interview will be a factor taken into account by a magistrates’ court if, on future application, they consider whether to impose a parenting order on you.

[Delete as applicable if the pupil is not eligible for FSM] As [Child’s Name] is entitled to free school meals you can request a packed lunch from school by contacting [staff name and contact]. Although the school is obliged to provide a meal, it’s your responsibility to request and collect it.

You have the right to see and have a copy of your child’s school record. Due to confidentiality restrictions, you must notify me in writing if you wish to be supplied with a copy of your child’s school record. I will be happy to supply you with a copy if you request it.

Should you require advice about the suspension process or governor meeting you can also contact The Exclusions Team on Bradford (01274) 439333, 435239 or 432446.

The statutory guidance connected to suspension from school can be found at: https://www.gov.uk/government/publications/school-exclusion

 
I would advise you of the following sources of free and impartial advice:

[Child’s Name]’s suspension expires on [date] and we expect [Child’s Name] to be back in school on [date] at [time].


Yours sincerely

[Name]
Headteacher

CC

[Social worker if applicable]
[For looked after children, please send a copy to [email protected] using suspension notification in the subject heading without delay]

Appendix E: Suspension letter 3 – over 15 days

Suspension issued and with this occurrence the pupil now has a total of over 15 days of suspension in the term.

From Headteacher notifying parent / carer with copies to the social worker or virtual school if applicable


Dear [Parent’s Name]

I am writing to inform you of my decision to suspend [Child’s Name] for [specify number of days]. This means that [Child’s Name] will not be allowed in school for this period. The suspension begins/began on [date] and ends on [date].

I realise that this suspension may well be upsetting for you and your family, but the decision to exclude [Child’s Name] has not been taken lightly. [Child’s Name] has been excluded for this fixed period because [reason(s) for suspension].

[For pupils of compulsory school age — next three paragraphs]

You have a duty to ensure that your child is not present in a public place in school hours during [the first five school days of suspension or specify dates], unless there is reasonable justification for this. I must advise you that you may be prosecuted or receive a penalty notice from the local authority if your child is present in a public place on the specified dates. It will be for you to show that there is reasonable justification.

We will set work for [Child’s Name] during the [first five school days or specify dates] of the suspension [specify the arrangements for this]. Please ensure that work set by the school is completed and returned to us promptly for marking. [Work to be collected from and returned to the school’s main reception or set out the different arrangements].

[INSERT: If the Governing Board has authorised the pupil to return to the premises to take and exam /NC test whilst suspended, put the sentence here]

[If this particular suspension notification is for more than five days, or by issuing it, it will take the consecutive days of suspension above 5 days, use this paragraph]

From the sixth school day of the pupil’s suspension [specify date] until the expiry of their suspension [specify date] we will provide suitable full-time education. [Set out the arrangements if known at time of writing, if not known say that the arrangements will be notified shortly by a further letter including the information in bold/green below.][Set out the arrangements if known at the time of writing, e.g.] On [date] your child should attend [give name and address of the alternative provider] at [specify the time — this may not be identical to the start time of the home school] and report to [staff member’s name]. [If applicable, insert transport arrangements from home to the alternative provider] [if not known say that the arrangements for suitable full-time education will be notified shortly by a further letter]

As [pupil name] has been suspended for more than 15 school days in total in one term the pupil discipline committee must convene a meeting to consider reinstatement. At the review meeting you may make representations to the pupil discipline committee if you wish. The latest date on which the pupil discipline committee can meet is [date here — no later than 15 school days from the date the governing body is notified]. If you wish to make representations to the governing body/management committee and wish to be accompanied by a friend or representative, please contact [insert school contact]as soon as possible. You will, whether you choose to make representations or not, be notified by the Clerk to the pupil discipline committee of the time, date and location of the meeting. Please advise if you have a disability or special needs which would affect your ability to attend or take part in a meeting at the school. Also, please inform us if it would be helpful for you to have an interpreter present at the meeting.

You may also invite a representative of the Local Authority to attend the meeting as an observer where, with the Chair of the panel’s consent, they can make representations.

You should also be aware that if you think the suspension has occurred as a result of discrimination then you 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. Further information can be found here http://www.justice.gov.uk/guidance/courts-and-tribunals/tribunals/send/index.htm Making a claim would not affect your right to make representations to the governing body/management committee.


[This paragraph applies to all suspensions of compulsory school-aged pupils]

You and [child name] are invited to attend a reintegration interview with me [alternatively, specify the name of another staff member] at [place] on [date] at [time]. If that is not convenient, please contact the school before your child is due to return to arrange a suitable alternative date and time. The purpose of the reintegration interview is to discuss and plan how best your child’s return to school can be managed, to enable a fresh start, and ensuring that previous behaviour should not be seen as an obstacle to future success. Failure to attend a reintegration interview will be a factor taken into account by a magistrates’ court if, on future application, they consider whether to impose a parenting order on you.

[Delete as applicable if the pupil is not eligible for FSM] As [Child’s Name] is entitled to free school meals you can request a packed lunch from school by contacting [staff name and contact]. Although the school is obliged to provide a meal, it’s your responsibility to request and collect it.

You also have the right to see and have a copy of [Child’s Name]‘s school record. Due to confidentiality restrictions, you will need to notify me in writing if you wish to be supplied with a copy of [Child’s Name]‘s school record. I will be happy to supply you with a copy if you request it.

Should you require advise about the suspension process or governor meeting you can also contact The Exclusions Team on Bradford (01274) 439333, 435239 or 432446.

The statutory guidance connected to suspension from school can be found at: https://www.gov.uk/government/publications/school-exclusion

I would advise you of the following sources of free and impartial advice:

  • The DfE Guidance for parents and carers on behaviour, suspension and permanent exclusion, https://www.gov.uk/government/publications/school-exclusions-guide-for-parents
  • Coram’s Child Law Advice service can be accessed through their website https://childlawadvice.org.uk/information-pages/school-exclusion/ or contacted on 0300 330 5485 from Monday to Friday, 8am – 6pm.
  • Independent Provider of Special Education Advice (known as IPSEA – ipsea.org.uk) is a registered charity. It offers free and independent information, advice and support to help get the right education for children and young people with all kinds of special educational needs (SEN) and disabilities.
  • SEN Information Advice & Support Services Network (formerly known as the local parent partnership)

Bradford SENDIASS – e-mail [email protected]; Telephone 01274 513300; website https://barnardossendiass.org.uk/bradford-sendiass/

 
[Name of Child]‘s suspension expires on [date] and we expect [Name of Child] to be back in school on [date] at [time].



Yours sincerely

[Name]
Headteacher

CC

[Social worker if applicable]
[For looked after children, please send a copy to [email protected] using suspension notification in the subject heading without delay]

Appendix F: Outline to support the Pupil Discipline Committee (PDC) meeting

Arrangements for a PDC meeting before the start should include:

  • Make reasonable adjustments to support attendance and contribution of all parties
  • Room arranged so that all feel comfortable to speak and contribute, not intimidated.
  • A spare set of papers available and ensure reading time for anything not previously circulated
  • Only governors and Clerk meet prior to the start of the meeting – everyone else enters when invited in
  • Allow time for parents to arrive if not present at the start

The Chair welcomes and introduces everyone and explains their roles. Where the LA rep has been invited by the parent as an observer[1] the chair* should state whether the LA can also make any representations:

  • Where any of the parties have brought along more than one representative or supporting friend the Committee will determine who can sit in on the meeting.
  • The Chair outlines the purpose of the meeting and the procedures to be followed.
  • The Committee will determine whether any witnesses can remain in the meeting after giving evidence.
  • The Chair invites the Headteacher to state her/his case.
  • Governors may question the Headteacher.
  • Parent/carers or their representative may question the headteacher.
  • The LA may seek points of clarification from the Headteacher where permitted by the Chair.
  • Parents/carers and/or their representative are invited to put their case. If the pupil is present, they should be given the opportunity to speak at this stage too.
  • The Headteacher may question the parents/carers and/or their representative and the pupil (if present).
  • Governors may question the parents.
  • The LA may seek points of clarification from the parent where invited by the Chair.
  • If in attendance the SW and/or VSH are invited to share information about the pupils’ background and circumstances and how that might have influenced the circumstances of their suspension/exclusion.
  • The LA may make oral, share written representations where invited to do so
  • The LA representative may be questioned where they are not attending as an observer.
  • The Headteacher is asked to summarise their case.
  • The parents/carers are asked to summarise their case.
  • Other than the governors and clerk, all leave the meeting so governors can discuss and reach a decision on whether the pupil should be reinstated, considering information from the meeting in line with the checklist below and the latest DfE guidance
  • The Governing Board must notify parents, or pupil if 18 years or over, the Headteacher, pupils’ residing LA, and where relevant, the pupil’s social worker and/or the VSH of its decision, and the reasons for it, in writing and without delay in line with the latest DfE guidance on pages 44-45
What the PDC Must Consider in Reaching its Decision
Was exclusion a reasonable, rational, and a fair response? 
Was this incident, in itself, serious enough to warrant exclusion having regard to the Trust Behaviour Policy?
Is there evidence that by allowing the pupil to remain in school it would seriously harm the education or welfare of the pupil or others in the school?
Were the parents notified of the exclusion and the reasons for it?
Has the Headteacher demonstrated that the incident has been thoroughly investigated?
Did the investigation demonstrate the pupil’s involvement and that they were on the balance of probabilities responsible for the action/s which led to the exclusion?
Has the pupil given their version of events?
Was the incident provoked by racial/sexual harassment, or by bullying, gender identification or because of SEN including SEMH needs?
Does the school’s local protocol make clear what is expected of every pupil?  Does the school regularly promote its ‘Code of Behaviour’ in Pastoral/Social Education lessons, tutor groups, classrooms, assemblies, parents’ meetings, and the school prospectus in order that every pupil understands the level of expectation?  Were the pupil and her/his parents/carers clear about the policy?
Has the school demonstrated that the exclusion was decided in response to a serious breach, or persistent breaches of the school’s behaviour policy; and that allowing the pupil to remain in school would seriously harm the education or welfare of the pupil or others in the school?
If this was part of a pattern of unacceptable behaviour, has the school used all available strategies to understand any unmet needs of the pupil and support the pupil? These include: · A Pastoral Support Programme; · Home/School Agreement; · Own behaviour modification programme; · Counselling by school staff; · (Where appropriate) the involvement of the Pupil Support Services (ESWS, SEN, EP, SEBD Services, Social Communication, Interaction and learning [SCIL] team etc), Social Worker, YOT, Health and other external support agencies;
The Chair must advise the Headteacher and the parents that they will be notified in writing of the decision within 1-2 working days of the meeting.
Where the PDC have upheld a permanent exclusion, their decision letter can invite Children’s Services’ representative to advise the parent(s) of alternative school provision. The Children’s Services representative will not name another school but will assist parents/carers once they have made their preference known.

Appendix G: National standard list of reasons for exclusions

The table below provides a full set of the descriptors of reasons for exclusions. 

Exclusion CodePupil Exclusion ReasonIncludes
OWUse or threat of use of an offensive weapon or prohibited item· Carrying or bringing onto the school site an offensive weapon / prohibited item such as knives, sharp instruments and BB guns · Carrying any article that has been or is likely to be used to commit an offence, cause personal injury or damage to property · Use of an offensive weapon
LGAbuse against sexual orientation and gender identity· Derogatory statements about sexual orientation (e.g. heterosexual, lesbian, gay, bisexual) and gender identity (e.g. transgender) · Homophobic, biphobic and transphobic bullying · LGBT+ graffiti · LGBT+ taunting and harassment · Swearing that can be attributed to LGBT+ characteristics
DSAbuse relating to disability· Derogatory statements or swearing about a disability · Bullying related to disability · Disability related graffiti, · Disability related taunting and harassment
MTInappropriate use of social media or online technology· Sharing of inappropriate images (of adult or pupil) · Cyber bullying or threatening behaviour online · Organising or facilitating criminal behaviour using social media
PHWilful and repeated transgression of protective measures in place to protect public health· Deliberate breaching of protective measures such as (but not limited to): non-compliance with social distancing, causing distress such as through purposefully coughing very near to other pupils or adults, or any other deliberate breach of public health protective measures which the school has adopted.
PPPhysical assault against pupil· Fighting · Violent behaviour · Wounding · Obstruction and jostling 
PAPhysical assault against adult· Violent behaviour · Wounding · Obstruction and jostling
VPVerbal abuse / threatening behaviour against pupil· Threatened violence · Aggressive behaviour · Swearing · Verbal intimidation
VAVerbal abuse / threatening behaviour against adult· Threatened violence · Aggressive behaviour · Swearing · Verbal intimidation
BUBullying  · Verbal, physical, cyber bullying or threatening behaviour online, racist bullying, sexual bullying, homophobic, biphobic and transphobic bullying, bullying related to disability
RARacist abuse· Racist taunting and harassment · Derogatory racist statements · Swearing that can be attributed to racist characteristics · Racist bullying · Racist graffiti
SMSexual misconduct· Sexual abuse · Sexual assault · Sexual harassment · Lewd behaviour · Sexual bullying · Sexual graffiti
DADrug and alcohol related· Possession of illegal drugs · Inappropriate use of prescribed drugs · Drug dealing · Smoking · Alcohol abuse · Substance abuse
DMDamage to property· Damage includes damage to school or personal property belonging to any member of the school community · Vandalism · Arson · Graffiti
THTheft· Stealing school property · Stealing personal property (pupil or adult) · Stealing from local shops on a school outing · Selling and dealing in stolen property
DBPersistent or general disruptive behaviour· Challenging behaviour · Disobedience · Persistent violation of school rules · Raising of fire alarms falsely

Appendix H: Headteacher checklist to support a decision to exclude

The CEO must be consulted on any potential permanent exclusion

 Useful areas for consideration:YesNo
1.On the balance of probabilities has the pupil committed the misconduct alleged?  
2.Has there been a serious breach or persistent breaches of the Trust behaviour policy / local protocol and is there evidence that on the balance of probability an offence was committed  
3.Does the pupil’s presence seriously harm the education/welfare of pupils/others?  
4.Is this as a last resort following a wide range of other strategies that have been unsuccessful? Is this a serious first or ’one off ‘offence?  
5.Is this a serious first or ’one off ‘offence?  
6.Is exclusion the appropriate response?  Factors to consider:  • Exclusion has not been considered in the heat of the moment?  • Has a thorough investigation been carried out and all evidence sources considered?  • Has the evidence been considered in light of policies and discrimination?  • Has the pupil’s version of events been encouraged / heard / recorded?  • Are there any mitigating circumstances or any provocation relevant (bullying, harassment, bereavement or change in personal circumstances etc.)? • Is the child looked after by the LA or do they have an Education, Health and Care Plan (EHCP)?  
7.Has there been involvement from 0-25 Specialist Teaching & Support Service other agencies / services or Educational Psychologists and an individual support programme implemented?  
8.Have alternatives to exclusion been considered (e.g. restorative approaches, mediation, internal exclusion, alternative provision, managed move)?  
Special considerations:
9.Does this pupil have an Education, Health and Care Plan? Have you contacted the EHCP Assessment Co-ordinator? Has an interim annual review been called?  
10. Is this pupil a Looked After Child? If so, have you contacted the appropriate Designated Teacher (statutory role) in your school and the pupil’s social worker to discuss? Is the Virtual School Team involved in supporting this pupil? Do you have a governor for Looked After Children that has been involved? (not statutory but good practice)  
11.Safeguarding: Is this pupil subject to a Safeguarding, a Child in Need Plan or a Child Protection Plan?
Have you spoken to Social Care?
  
12.Is there an Early Help Assessment and Support Plan in place? Have issues of SEN or a disability been taken into account and reasonable adjustments put in place? (Equality Act 2010) Appropriate length of exclusion considered? Is this for the shortest possible time  
13.Have issues of SEN or a disability been taken into account and reasonable adjustments put in place? (Equality Act 2010)  
14.Appropriate length of exclusion considered? Is this for the shortest possible time?  

Appendix I: Headteacher checklist following decision to exclude

Once the decision to exclude has been made the Headteacher:Tick
1.Must notify the parents, without delay and ideally by telephone, of the period of the exclusion and the reasons for it 
2.Must provide information in writing to the parents, without delay, confirming the exclusion and providing all necessary information 
3.Must, for a permanent exclusion, tell the LA without delay by completing the appropriate paperwork (including the requested supporting documentation) Schools must use the appropriate forms (available from the LA) to notify the local authority, without delay, of a permanent exclusion for a pupil and send to the [email protected] by secure Galaxkey email. 
4.Must, for fixed period and permanent exclusions, ensure the exclusion is logged correctly on SIMS, giving details of start date, end date and reason must inform the Clerk if a PDC is required so that any necessary meeting can be arranged within the statutory time limits 
5.Should make arrangements for the pupil to receive homework during the exclusion period and set these out in the exclusion letter with a named contact so that parents know who to talk to if there are any problems with these arrangements 
6.If a Pupil Discipline Committee (PDC) meeting is necessary, alert the Clerk of the requirement and prepare paperwork ready for distribution to parents and the Clerk 
7.Should consider arrangements for reintegrating the pupil at the end of the exclusion period, bearing in mind that conditions cannot be imposed on the return to school 

Appendix J: Headteacher guide to exclusion paperwork for PDC

Paperwork should comprise the following:

  • A cover sheet – name of the school, child, date of birth and date of the Pupil Discipline Committee meeting
  • A contents page – Sections A- E below
  • Page numbers to help governors and other meeting attendees navigate the pack during the meeting. These can be handwritten onto the paperwork when the pack is complete.
Permanent exclusion for a ‘one off’ offence
What to includeWhat to leave out
Section A – Exclusion notification
• Copy of the relevant exclusion letter sent to parents • If the Headteacher issued a short, fixed period suspension in the first instance in order to investigate an incident, both letters should be included• Any other exclusion letters
Section B – Evidence relating to the incident
• Witness statements including a statement by the child being excluded. The Headteacher should also complete a contemporaneous statement if they were involved in the incident. • Good witness statements are signed and dated. These should be completed before decision to exclude if possible. If written statements are completed after the date of the permanent exclusion, the Head should include notes of verbal statements obtained as part of the evidence collection. • Have the names of all child witnesses, apart from the child being excluded blocked out. Originals need to be made available for governors as part of their deliberation if required. • Generally, provide the evidence that led to the decision to exclude. The Headteacher should address any inconsistencies as part of the statement at the PDC.• Behaviour logs or statements relating to academic attainment or behaviour other than the incident that led to the exclusion
Section C – School support 
• Prior support for child’s SEN needs as well as any action taken to support the child as a result of the exclusion. • EHCP Review. This review should take place before the PDC.  • TAF/CiN/CP Review – not to be shared without parents’ consent. 
Section D – Parent submission
• This will include any paperwork sent to the clerk by the parents.• Any school opinion or comment about the parents’ involvement in the child’s education
Section E – Appendices 
• The Trust Behaviour Policy and local behaviour protocol. • The Headteacher can decide to include only the relevant section of the policies. It will help to have a brief note explaining how the school ensures all parents know how to access school policies, including revisions.
Permanent exclusion for persistent disruptive behaviour Any decision to exclude, must be lawful (with respect to the legislation relating directly to exclusions and a school’s wider legal duties) rational; reasonable; fair; and proportionate.
What to includeWhat to leave out
Section A – exclusion notification
• Copy of the most recent exclusion letter sent to parents • Copy of all exclusion letters from the current school relating to behaviour that led to this exclusion• Any information on file relating to exclusions from previous schools
Section B – Evidence of persistent disruptive behaviour
• Behaviour logs in chronological order• Evidence of academic attainment levels
Section C – School support 
• Any action taken to support the child’s behaviour prior to the exclusion. • IEP or equivalent. o Samples of target setting and support strategies identified.  o Evidence of review of strategies.  o Evidence of referrals/involvement of outside agencies to support child’s behaviour. • PSP or equivalent including review paperwork • Managed Move paperwork.  • Original agreement and review paperwork • EHCP interim or annual review. This review should be scheduled before the PDC if possible. • Details of any alternatives to permanent exclusion considered: o List of any alternatives considered and reasons judged not to be appropriate e.g. Managed Move, long fixed period exclusion, use of alternative provision o Notes of any discussion / emails relating to alternatives considered /explored• TAF/CiN/CP review – not to be shared without parents’ consent. Headteachers should only include CAF summary sheet P10 of CAF plus any review paperwork if needs relate to behaviour in school.  • Copies of every individual target card/IEP or equivalent. It is sufficient to provide a sample noting what that sample represents.
Section D – Parent submission
• This will include any paperwork sent to the clerk by the parents.• Any school opinion or comment about the parents’ involvement in the child’s education
Section E – Appendices
• The Trust Behaviour Policy and local behaviour protocol. • The Headteacher can decide to include only the relevant section of the policies. It will help to have a brief note explaining how the school ensures all parents know how to access school policies, including revisions.

Appendix K: Headteacher summary report for PDC

Re: Date:

The reasons for my decision to permanently exclude (name) were based upon the safety and well -being of all pupils, staff and (name) . In reaching my decision I was informed by the current DfE Exclusions Guidance and Trust Behaviour Policy A decision to exclude a pupil permanently should only be taken: • in response to serious or persistent breaches of the Trust’s behaviour policy / school protocol; and  • where allowing the pupil to remain in school would seriously harm the education or welfare of the pupil or others in the school. The particular circumstances around this exclusion are as follows: Brief factual summary of persistent disruptive or aggressive behaviours
The impact of (name) behaviour was: • •

The DfE states that any decision to exclude must be lawful, rational, reasonable, fair, and proportionate.

HT should briefly explain how the exclusion was:

Lawful

Legally sound – exclusion procedures followed including informing parents, witness statements as well as any broader legal considerations, Child Protection, SEN Code of Practice, Equalities Act etc.

Rational

Time taken to consider the evidence and advice sought from any relevant professionals.

Reasonable

Based on expectations or demands within the realms of what is possible and achievable for that child

Fair

That any extenuating circumstances were considered as well as any differences in response to other child in the same or similar situation – not biased

 Proportionate  

Why permanent rather than fixed period exclusion was appropriate.

 As well as the guidance issued by government, the following school policies apply:

The Trust Behaviour Policy states:

Our local behaviour protocol states:

Our CP and Safeguarding policy/health and safety policy state(s):

Our Home School Agreement states:

SEND/Anti bullying/Care and Control/drugs etc

I am satisfied that in this case I had not alternative to permanent exclusion and ask the governors to uphold my decision.

Appendix L: Suspension letter – 5-days in first instance pending further investigation

This should only be used in exceptional circumstances, where the evidence is not readily available initially and requires further investigation. This would usually only be used for a serious one-off incident, not persistent breaches.

Dear (Parent’s Name)

 
I am writing to inform you of my decision to suspend [CHILD NAME] for 5 days in the first instance. This means that [CHILD NAME] will not be allowed in school for the period of [INSERT DATES].The suspension is for 5 days in the first instance so that we can fully investigate the incident.

[CHILD NAME] was involved in a serious incident at school on [INSERT DATE].


You have a duty to ensure that your child is not present in a public place in school hours during the initial period of [DATES] unless there is reasonable justification for this. I must advise you that you may be prosecuted or receive a penalty notice from the local authority if your child is present in a public place on the specified dates. It will be for you to show that there is reasonable justification.

We will set work for [Child Name] to be completed on the days specified in the previous paragraph as school days during the period of suspension when you must ensure that your child is not present in a public place without reasonable justification. Please ensure that work set by the school is completed and returned promptly for marking. [Work is to be collected from and returned to the school’s main reception or set out different arrangements].


You should also be aware that if you think the suspension has occurred as a result of discrimination then you 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. Further information can be found here (http://www.justice.gov.uk/guidance/courts-and-tribunals/tribunals/send/index.htm). Making a claim would not affect your right to make representations to the Pupil Discipline Committee.

I advise you of the following sources of free and impartial advice:

SEN Information Advice & Support Services Network (formerly known as the local parent partnership) Bradford SENDIASS – e-mail [email protected]; Telephone 01274 513300; website https://barnardossendiass.org.uk/bradford-sendiass/

I will be in touch with you before the end of the exclusion period to discuss the next steps. 


Yours sincerely

Headteacher

1.Parents may request that the local authority and/or the home local authority attend a meeting of an (academy status) governing board as an observer; that representative may only make representations with the governing board’s consent*