Please refer to the resources here, aimed at supporting professionals to working together to avoid suspensions and exclusions. If a child with a social worker has a suspension or is permanently excluded, schools must inform the social worker. Please also consider requesting support through the Vulnerable Pupils Panel if a child is at high risk of permanent exclusion.
New statutory guidance on school exclusions has now been published, following the recent DfE consultation, along with new Behaviour in Schools Guidance. The new guidance incorporates changes recommended in Edward Timpson’s May 2019 report on school exclusions. The new guidance will apply to any exclusion or suspension decisions taken from 1 September 2022. Schools should be aware of the key changes to the 2017 guidance.
The phrase ‘fixed term exclusion’ has been replaced with ‘suspension’ throughout, mirroring information published on DfE web pages during the pandemic (although the change from ‘permanent exclusion’ to ‘expulsion’ was subsequently abandoned).
The headteacher may cancel any exclusion that has already begun, but this should only be done where it has not yet been reviewed by the governing board.
Where an exclusion is cancelled, then:
- Parents, the governing board, and the LA should be notified without delay and, if relevant, the social worker and the Virtual School Headteacher.
Pupils with a social worker
Schools should involve their DSL, and the Designated Teacher should liaise with the pupil’s Virtual School Head and the pupil’s social worker at an early stage. The Virtual School Head and social worker must be invited to Governors’ Discipline Meetings and Independent Review Panel Hearings and may make representations.
Where a child with a social worker is suspended or excluded, the social worker and Virtual School Headteacher must be informed.
Equality
It has been made clearer that schools must consider whether applying the Behaviour Policy to a pupil with a protected characteristic (including those with disabilities manifesting in misbehaviour as well as the impact of early childhood trauma) and/or SEN without adjustment/differentiation is discriminatory under the Equality Act 2010 or not consistent with SEN duties.
This will include consideration of what reasonable adjustments/SEN provision have been put in place.
Off rolling and unlawful exclusions
This section has been expanded to make it clearer that any decision to send a pupil home, or not allow them to attend school, must be dealt with as a suspension or permanent exclusion, and that schools must not pressure parents to electively home educate (EHE) or find another school to avoid a permanent exclusion, evidence of this will lead to an inadequate Ofsted judgement.
The guidance gives details on steps that parents can take if they are feeling pressured to EHE or find a new school.
Re-integration
The requirement to hold a re-integration meeting has been reinstated. However, the pupil should not be prevented from returning if the parents are unable or unwilling to attend. Schools should work with pupils to understand and improve their behaviour after a suspension.
Alternatives
Schools will be encouraged to consider an off-site direction and/or managed move before suspending/permanently excluding.
Off-site direction
This can only be used as a way to improve future behaviour, not as a sanction. The nature of this intervention, its objectives, and the timeline to achieve them, with regular reviews, should be clearly defined and agreed with the other school or Alternative provision upfront, with the pupil continuing to receive a broad and balanced education. Statutory guidance on alternative provision must be followed.
Managed moves
This is described as a permanent transfer after a pupil has attended a proposed new school under an off-site direction, following a review that has established they should remain there on a permanent basis.
They are voluntary and must be agreed with all parties – any evidence of coercion could result in it being deemed to be off-rolling, with an inadequate judgement by Ofsted following. Where the pupil has an EHC plan, the statutory process to amend the EHC plan must be followed.
Pupils with SEND
Where the pupil has additional needs, a disability and/or an EHC plan, the school should in partnership with others assess the suitability of their provision and consider what additional support or alternative placement is required. Where the pupil has an EHC plan, Cognus should be contacted early and an emergency annual review requested, so a review of the support package can take place.
Governors’ Discipline Committee (GDM)
The new guidance suggests that the governing board must convene a meeting even where the total has not gone over 5 school days (although there is no specific time limit for this) and do have the power to direct reinstatement. It also states that the governing board can choose to review an exclusion where the total has not exceeded 15 school days even if the parents have not made representations/requested a meeting. In all cases, the governing board has the power to direct reinstatement.
Independent Review Panel Hearing (IRPH)
The guidance has been considerably expanded to include, for example, guidance on witnesses and witness statements and other evidence. It is made clearer that permanently excluded pupils are entitled to know the substance behind the reason for their exclusion, including access to the evidence. Character witnesses may also be permitted to give evidence at the hearing.
Key guidance:
Sutton Graduated Response to prevent exclusion