The Exclusion Team
offer support and advice to Schools and Parents on School Suspensions and Permanent Exclusions and alternatives to these.
For advice and guidance on all pupil exclusion and suspension matters please contact the Exclusions Team at the email address or telephone numbers below:
Samantha Griffiths Exclusions Officer 01274 435239
Paul Jennings Exclusions Officer 01274 432446
Karen Roper Senior Exclusions Officer 07582103044
email: exclusionsteam@bradford.gov.uk
Statutory Exclusions Guidance
The latest guidance on exclusions (2023) may be downloaded
HERE. This comes into force from 1st September 2023
Support through the suspension and exclusion process
To ensure that a child receives the correct support and protection during a suspension or permanent exclusion, it is important that those responsible for their care are promptly informed when exclusions occur or there is a risk of them occurring. As well
as communicating with the child where relevant throughout the exclusion process.
Exclusion and suspensions procedures should be followed in all cases - click
here
for the table.
A helpful summary of the governing board's duties to review the head teacher's exclusion decision can be found here.
Parents and head teachers can also seek advice from:
When headteachers suspend or permanently exclude a pupil they must, without delay, notify parents, social worker, or if a pupil is looked-after, the headteacher must now, also without delay after their decision, notify the social worker and/or
VSH, as applicable.
Although this must not delay notification, notification should be in person or by telephone in the first instance as this would allow parents to ask any initial questions or raise concerns directly with the headteacher. Headteachers must also, without delay,
after their decision, provide parents with the following information in writing:
• the reason(s) for the suspension or permanent exclusion;
• the period of a suspension or, for a permanent exclusion, the fact that it is permanent;
• parents’ right to make representations about the suspension or permanent exclusion to the governing board (in line with the requirements set out in paragraphs 95 to 105) and how the pupil may be involved in this;
• how any representations should be made; and
• where there is a legal requirement for the governing board to consider the suspension or permanent exclusion, that parents or a pupil if they are 18 years old have a right to attend a meeting, to be represented at that meeting (at their own expense) and
to bring a friend.
- that the parents have the right to request the meeting is held virtually (for more information please see ANNEX A from the guidence)
Written notification of the information above (paragraph 63) can be provided by delivering it directly to the parents, leaving it at their usual or last known home address, or posting it to that address. Notices can be given electronically if the parents
have given written agreement for this kind of notice to be sent in this way
The templates and guidance below are to help the process and considerations involved in suspensions or exclusions but is not intended as a replacement to individual duties connected to the statutory exclusion and suspension guidance or related legislation.
Permanent Exclusions
A permanent exclusion is when a pupil is no longer allowed to attend a school (unless the pupil is reinstated). The decision to exclude a pupil permanently should be a last resort and only be taken in response to a serious breach or persistent breaches of
the school's behaviour policy and where allowing the pupil to remain in school would seriously harm the education or welfare of the pupil or others such as staff or pupils in the school.
| Informing parties about an exclusion |
For notifications of exclusion to parents under paragraph 62, although this must not delay notification, notification should be in person or by telephone in the first instance as this would allow parents to ask any initial questions or raise concerns directly
with the headteacher. The written notification, sent without delay following this decision must include information in paragraph 63, to which model letters can be found on this page.
Permanent Exclusion Leaflet for parents. Please include with the permanent exclusion letter to the parent/carer see
Model Letter 4 below.
The headteacher must, without delay, notify their governing board
of the permanent exclusion, including where a suspension is followed by a decision to permanently exclude the pupil.
Please inform the Exclusions Team as set out below. If the pupil does not live in Bradford - Please inform the Exclusions Team as below and the pupils' 'home authority' as it is the Home Authorities duty to make arrangements for education
from day 6. The list for exclusion officer contacts in those LA's bordering Bradford can be accessed
here.
Whenever a headteacher permanently excludes a pupil they must, without delay after their decision, also notify the social worker if a pupil has one, and the Virtual School Headteacher if the pupil is a LAC, of the period of the suspension or permanent exclusion
and the reason(s) for it. The information in paragraphs 65 to 68 must be provided in writing to the local authority.
To discharge this duty, send a copy of parent/carer letter to the Social Worker and/or Virtual School Headteacher (VSH).
In all cases we would expect that the VSH has been linked with prior to any notification of an exclusion for a child in care. For a child who is looked after please email a copy of the suspension or exclusion notification letter school sends to the Parent/Carer
and social worker to the headteacher of the virtual school via the
virtualschoolenquiries@bradford.gov.uk inbox using the subject heading ‘exclusion’, without delay. Please also use this inbox for further correspondence, such as the invite to any Governor meeting and a copy of the decision letter on the matter of the reinstatement
consideration.
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| Model Permanent exclusion letter |
Model letter 4 - Permanent exclusion
letter 4 to parent(s)/carers and copied where applicable to any Social Worker and/or to the Virtual School where a pupil is looked after (see section above). |
| Notification Forms to the LA and the pupils 'Home Authority' where applicable |
Schools must use the forms below to notify the local authority, without delay, of a permanent exclusion for a pupil and send to the
exclusionsteam@bradford.gov.uk by secure Galexkey email.
EX1 and
EX3 (including associated documents set out in the EX3) including a copy of the letter
sent to the pupil's parent(s)/carers.
If the pupil lives outside Bradford please let the Bradford Exclusions Team know of the exclusion as above and the Pupil's 'home
authority' (Click to find list of other LA contacts)
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| Support proformas |
Checklist for Head teachers and Governors to support decision making around exclusion from school
Pupil Witness statements
pro-forma
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Guidance to the headteacher on informing the governing board about an exclusion
(Page 31)
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The headteacher should have asked the Chair of the Governing Board whether there are clear processes in place for considering suspensions and permanent exclusions and ensure a process is in place for a governing board when considering reinstatement where
this is required.
The headteacher should ensure that they have informed the governing board about reinstatement and specify the correct timescale. They should also make clear to the governing board whether the need to consider reinstatement is dependent on receiving parental
representations.
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Cancelling Exclusions
(Page 13)
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The headteacher can cancel any exclusion that has already begun (or one that has not yet begun), but this can only happen when the governing board has not yet met to consider whether the pupil should be reinstated.
Where an exclusion is cancelled, then:
- The headteacher must notify the parents, the governing board, the LA and the pupil’s social worker and VSH as applicable, without delay. The notification must also provide the reason for the cancellation;
- The governing board’s duty to consider reinstatement ceases, and there is no requirement to hold a meeting to consider reinstatement;
- Parents (or the excluded pupil if they are 18 years or older) should be offered the opportunity to meet the headteacher to discuss the circumstances that led to the exclusion being cancelled which should be arranged without delay;
- The pupil must be allowed back into the school from which they were excluded without delay.
- Any days spent out of school as a result of any exclusion, prior to the cancellation will count towards the maximum of 45 school days permitted in any school year (see paragraph 6 of the guidance).
- A permanent exclusion cannot be cancelled if the pupil has already been excluded for more than 45 school days in a school year or if they will have been so by the time the cancellation takes effect.
Where an exclusion is cancelled, schools are required to send a copy of the cancelled letter to parent to the Exclusions Team and they MUST ensure their Information Management Team is made aware of this to ensure their system is updated with the cancelled
exclusion decision.
Model letter 9 - cancelled exclusion or suspension letter to parent/carer and where applicable
copy in social worker and or Vitual School.
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| Setting work for excluded pupils |
For any permanent exclusion, headteachers should take reasonable steps to ensure that work is set and marked for pupils during the first five school days where the pupil will not be attending alternative provision. Any appropriate referrals to support services
or notifying key workers (such as a pupil’s social worker) should also be considered. |
| Guidance to schools on marking attendance registers following permanent exclusion |
Whilst a permanently excluded pupil’s name remains on a school’s admission register, the pupil should be marked using the appropriate attendance code. Where alternative provision has been made and the pupil attends it, an appropriate attendance code, such
as Code D (Dual Registered - at another educational establishment) or Code B (Off-site educational activity, if the provision is an approved educational activity that does not involve the pupil being registered at any other school), should be used. Where pupils
are not attending alternative provision, they should be marked absent using Code E (para 145). |
6Th Day Provision
The guidance is clear that the law does not allow for extending a suspension or ‘converting’ a suspension into a permanent exclusion. In exceptional cases, usually where further evidence has come to light, a further suspension may be issued to begin immediately
after the first period ends; or a permanent exclusion may be issued to begin immediately after the end of the suspension. In either case, the duty to provide 6th day provision remains with the school following 5 days of suspension, the duty for
the LA to provide alternative provision comes in to effect on the 6th day following the date of the permanent exclusion.
Suspension from school
| Notification guidance |
Paper form notifications to the local authority are only required for any suspension that would mean the pupil would miss a public
examination or national curriculum test via the
ex1 form, sent using secure email Galexkey,
to the exclusionsteam@bradford.gov.uk inbox. All other notifications will be collected from the school data management systems and headteachers should ensure a school system is in place that
ensures these are input without delay (page 30).
Whenever a headteacher suspends a pupil they must, without delay, notify parents/carers of the period of the suspension and the reason(s) for it.
For notifications of suspension to parents under paragraph 62, although this must not delay notification, notification should be in person or by telephone in the first instance as this would allow parents to ask any initial questions or raise concerns directly
with the headteacher. The written notification, sent without delay following this decision, must include information in paragraph 63, to which model letters can be found below based on the applicable heading for numbers of days suspension the pupil has received.
Whenever a headteacher suspends a pupil they must, without delay, after their decision, also notify the social worker, if a pupil has one, and the Virtual School Headteacher, if the pupil is in care to the Local authority, of the period of the suspension
or permanent exclusion and the reason(s) for it. The information in paragraphs 65 to 68 must be provided in writing to the local authority. The model letters have been updated to allow schools to CC a copy of the parent/carer letter where this duty is relevant.
For a child who is looked after please email a copy of the suspension notification letter school sends to the Parent/Carer and social worker to the headteacher of the virtual school via the
virtualschoolenquiries@bradford.gov.uk inbox using the subject heading ‘exclusion’, without delay. Please also use this inbox for further correspondence, such as the invite to any Governor meeting
and a copy of any decision letter on the matter of the reinstatement consideration where applicable.
Checklist
for head teachers and governors to support decision making
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| Information |
Leaflet - Suspension from school - information for parents. Please include with the letter to parent. |
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Model Letters to parents/carer for suspensions
(where applicable copy to social worker and or Vitual School)
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Letter 1
- 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
Letter 2 - Suspension where the total number of days suspended from school (including this exclusion)
is more than 5 and up to and including 15 days suspensions in a term
Letter 3 - Suspension issued and with this occurrence the pupil now has a total of over 15 days of suspension
in the term.
Model letter 9 - cancelled exclusion or suspension letter to parent/carer
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Guidance for Governors
Governing boards have a key responsibility in considering whether excluded pupils should be reinstated. This forms part of their wider role to hold executive leaders to account for the lawful use of exclusion, in line with the duties set out in law, including
equalities duties. Governors should have a good understanding of
Behaviour in Schools (2022) and
Exclusion and suspension from school, including pupil moves (2023) and related legislation and guidance.
| Information for Chairs |
Your headteacher should ask you as Chair of the governing board whether there are clear processes in place for considering suspensions and permanent exclusions, such as:
• Ensuring parents and pupils are aware of their right to consideration by the governing board
• Asking whether the governing board have taken steps to find a convenient date that the parent, other relevant parties, the local authority representative (if relevant) and the headteacher can attend, within the legal time limits
• Asking the governing board whether they have considered how to involve the pupil in the consideration process
• Collecting all relevant documents, anonymising them, if required, and providing them to all parties.
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Education from the 6th day
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For a suspension of more than five school days, the governing board (or local authority about a pupil suspended from a PRU) must arrange suitable full-time education for any pupil of compulsory school age. This provision is commonly called alternative provision
and must begin no later than the sixth school day of the suspension. Where a child receives consecutive suspensions, these are regarded as a cumulative period of suspension for the purposes of this duty. This means that if a child has more than five consecutive
school days of suspension, then education must be arranged from the sixth school day of suspension, regardless of whether this is because of one decision to suspend the pupil for a number of days or multiple decisions to suspend the pupil for several periods
in a row (page 32), until the suspension period ends. This duty also applies following a decision to permanentl exclusion of a pupil following on from a suspension decision. The law does not allow head teachers to extend a suspension or ‘convert’ to a suspension
into a permanent exclusion. However, in exceptional cases, usually where further evidence has come to light, a further suspension may be issued to begin immediately after the first period ends; or a permanent exclusion may be issued to begin immediately after
the end of the suspension; in these cases the day 6 duty may then apply.
The chair of the governing board should ensure that there are clear processes in place to comply with its legal duty to arrange suitable full-time educational provision for pupils of compulsory school age from the sixth consecutive school day of a suspension.
What this includes can be accessed here.
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The governing board’s duty to consider
suspensions or exclusion
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Part Seven of the Statutory guidance sets out that Governing boards have a key responsibility in considering whether excluded pupils should be reinstated. This forms part of their wider role to hold executive leaders to account for the lawful use of exclusion,
in line with the duties set out in law, including equalities duties.
The following parties must be invited to a meeting of the governing board and allowed to make representations or share information:
• parents (and, where requested, a representative or friend);
• the pupil if they are 18 years or over;
• the headteacher;
• a representative of the local authority (in the case of a maintained school or PRU);
• the child’s social worker if the pupil has one; and
• the Virtual School Headteacher if the child is in care to the Local authority.
A summary of when the governing board’s have a duty to review the headteacher’s exclusion decision can be accessed
here.
Parents have the right to request the meeting be held virtually.
Where a meeting has been convened to consider the reinstatement of a pupil permanently excluded, where the headteachers decision to exclude is upheld, parents have the right to request an independent review and request that an SEN expert attends.
Model letters are provided by the LA to support information required by Boards being provided to parties below.
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Support to Governors suspension -exclusions reinstatement consideration meetings
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PDC Procedure proposed outline when holding a meeting considering reinstatement
PDC Meeting checklist considerations by Governors
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Decision model letters
(where applicable copy to Social workers and/or vitual school)
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Model letter 5 Governors
uphold head teacher decision - letter to parent for permanently excluded pupils
Model letter 6 Governors
reinstatement decision letter to parent from a headteachers
permanent exclusion decision
Model letter 7 Governors
reinstatement decision from Suspension
Model letter 8 Governors
uphold head teacher decision - letter to parent for for
suspended pupils
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