Exclusions

Exclusions

Contacts: 

Karen Roper     Senior Exclusions Officer   01274 439333

Paul Jennings  Exclusions Officer                01274 432446

email: exclusionsteam@bradford.gov.uk

 

 

Changes to the school exclusion process during the coronavirus (COVID-19) outbreak (updated 05/10/2020)

 

This statutory guidance describes the temporary changes made to the school exclusion process due to coronavirus (COVID-19). The link is below:

https://www.gov.uk/government/publications/school-exclusion/changes-to-the-school-exclusion-process-during-the-coronavirus-outbreak#timescales-for-exclusions-between-25-september-2020-and-24-march-2021  

It is important that meetings relating to exclusions occurring between 25 September 2020 and 24 March 2021 take place within the normal timescales as described in the exclusion from maintained schools, academies and pupil referral units in England statutory guidance. If the deadlines are missed because of coronavirus (COVID-19), the meeting must be held as soon as it becomes reasonably practicable to meet in person or via remote access (respecting the conditions for such a meeting).  

All exclusions occurring between 1 June 2020 and 24 March 2021 (inclusive of those dates) are subject to amended arrangements with regards to:

  • the use of remote access technology (for example videoconferencing or telephone conferencing software) for meetings of governing boards or independent review panels
  • the deadline for applications for an independent review

Governing boards and independent review panels (IRPs) who have a duty to meet to discuss an exclusion that occurred between 1 June 2020 and 24 September 2020 may be eligible for time extensions in some circumstances.

School Exclusion. The latest guidance on exclusions (2017) may be downloaded here. Exclusion Procedures should be followed in all cases - click here for the table. 

For advice and guidance on all pupil exclusion matters please contact the Exclusions Team at the email address or telephone numbers above.

Decisions to exclude pupils from school are made by the Headteacher. 

For parents/carers there is an exclusion Frequently Asked Questions  document here.

Annex A - Provides a helpful summary of the governing board's duties to review the head teacher's exclusion decision.

Annex B -  Provides a non-statutory guide for Headteachers.

Annex C - Provides a guide for parents. 

Parents and head teachers can also seek advice from:  

  • Coram Children's Legal Centre https://www.childrenslegalcentre.com/ 
  • ACE Education http://www.ace-ed.org.uk/ 
  • The school Exclusion Project https://schoolexclusionproject.com

If your child has special educational needs or disability (SEND) you may wish to seek advice from:

  • Bradford SEND Information and Advice Support Service (SENDIASS) https://www.barnardos.org.uk/what-we-do/services/bradford-sendiass   01274 513300, or
  • National Autistic Society (NAS) School Exclusion Service (England) 0808 800 4002 or schoolexclusions@nas.org.uk 
  • Independent Parental Special Education Advice http://www.ipsea.org.uk/

Fixed Term Exclusions 

These are short-term exclusions and pupils must be given a date for return to school. A return date should be given to parents in the letter informing them of the exclusion.

Parents and carers can access our information leaflet on fixed term exclusions and the governor role here.

Lunch Time Exclusions

Pupils whose behaviour is disruptive at lunchtime and are excluded for the lunchtime session count as a fixed period exclusion of ½ day. A return date should be given to parents in the letter informing them of the lunchtime exclusion period.

Notification

Whenever a head teacher excludes a pupil they must, without delay, notify parents of the period of the exclusion and the reason(s) for it.
They must also, without delay, provide parents with the following information in writing:
• the reason(s) for the exclusion;
• the period of a fixed-period exclusion or, for a permanent exclusion, the fact that it is permanent;
• parents’ right to make representations about the exclusion to the governing board (in line with the requirements set out in paragraphs 52 to 60) 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 exclusion, that parents have a right to attend a meeting, to be represented at that meeting (at their own expense) and to bring a friend.

The head teacher’s duty to inform the governing board and the local authority about an exclusion

The head teacher must, without delay, notify the governing board and the local authority of:
• any permanent exclusion (including where a fixed-period exclusion is followed by a decision to permanently exclude the pupil);
• any exclusion which would result in the pupil being excluded for a total of more than five school days (or more than ten lunchtimes) in a term; and
• any exclusion which would result in the pupil missing a public examination or national curriculum test.

For the exclusions detailed above that head teachers are required to inform the Local Authority about, schools do this via inputting the exclusion on to their Data Management Systems and the Local Authority pulls this information through to our Capita system for review.

If the exclusion is permanent schools must also send a completed Ex1 form to the Exclusions Team with a copy of the Headteacher letter to the parent informing them of the exclusion and the reason for it with the completed Ex3 form to the Exclusions Team on the day of the exclusion decision.
All notification documentation to the LA should be via secure email (Galaxkey) to exclusionsteam@bradford.gov.uk 
Pupil Witness statements where possible should be obtained.

For permanent exclusions educational provision is organised by Children's Services, Exclusions Team from day 6 of the permanent exclusion. If a pupil lives in another local authority area the school should inform the 'home authority' about the exclusion as they have the duty to make arrangements for education from day 6.

Day 6 Provision - Children's Services Guidance

For all excluded pupils, the legislation sets out that the Headteacher must write to parents without delay stating:

  • The type of exclusion imposed
  • The reason for the exclusion
  • When the pupil may return to school if it is a fixed term exclusion
  • How parents can appeal against the exclusion

Model Letters are provided below:

Letter 1 - Fixed-period exclusion of 5 days or less, and where a public examination is NOT missed
Letter 2 - Fixed-period exclusion of 6 to 15 days, or where cumulative exclusions in the same term fall within this range
Letter 3 - Fixed-period exclusion issued and with this occurrence means that the pupil now has 16 or more days cumulative exclusions in the same term.
Letter 4 - Permanent exclusion letter to parent
Letter 5 - Notification of PDC decision upholding permanent exclusion

Letter 6 - Notification of PDC decision - re-instatement                
Enclosed with each letter should be a copy of the Guidance for Parents Leaflet.

Pupils with SEND or in Care to the Local Authority

Pupils with an Education, Health and Care Plan (EHCP) should not be permanently excluded in the first instance. School should make a fixed term exclusion and contact the SEND officer for an urgent review of the EHCP.

Where a pupil is 'looked after', schools should contact the Head teacher for the Virtual School, Jonathan Cooper, to discuss concerns and update their support plan as required. 

School reporting to DfE

As well as reporting on day one of a permanent exclusion to the Exclusion Team the school is required to update their Information Management system with this exclusion. When a permanent exclusion has completed the process and if the pupil is then removed from the school roll they are required, at set points in the school year, to report these to the DfE on the Collect System. 

Withdrawal (rescinding) of a permanent exclusion decision

Head teachers can withdraw any permanent exclusion not reviewed by the Governing Board. In these cases schools are required to send a copy of the withdrawn letter to parent to the Exclusion Team and they MUST ensure their Information Management Team is made aware of this to ensure their system is updated with the withdrawn exclusion decision. 

Where there has been a permanent exclusion decision withdrawn and the criteria in Appendix A – A summary of the governors boards duty to review the head teachers decision to exclude - are met then a governor meeting MUST still be convened.  

Useful Information

Bradford's Head teacher and Governor exclusion checklist can be found here

Statutory guidance is attached underneath:

Annex A - A summary of the governing board's duties to review the head teacher's exclusion decision

Annex B - A non-statutory guide for head teachers

Annex C - A guide for parents/carers

Pastoral Support Programme Pro Forma

PDC Procedure

PDC Meeting

Title

Understanding Exclusions and The Governor Role at Pupil Disciplinary Committees

Description of training

The role of Governors in overseeing exclusions is not one many governors have experience of when they offer their support to schools. This course will look at exclusions (both fixed term and permanent), the legislation and guidance around this connected to schools’ policies and the impact on students, families and schools. There will be a particular emphasis on the role of Governors in the permanent exclusion process and independent review to ensure this difficult process is undertaken in a transparent and fair way supporting Governors to make decisions at the Pupil Disciplinary Committee with increased confidence.

Suitable for

School Governing bodies and trust boards. It may also be suitable for senior leaders in school so they understand the permanent exclusion process in detail.

Duration

on-line 90 minutes to include 30 minutes for Q&A 

Cost

£150 for up to 20 participants   
   

Please contact the exclusionsteam@bradford.gov.uk for details and to book

 


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