Blackburn with Darwen

Special Educational Needs & Disability (SEND)

Information, Advice & Support Service (IASS)

SENDIASS

(formerly Parent Partnership Service)

 Exclusion from school

Advice for parents/carers of a child who has been excluded from school.  It explains the exclusion and permanent exclusion review process

From the 1st September 2014 Parent Partnership Services (PPS) in every local authority will evolve into Information, Advice and Support (IAS) Services. Each IAS Service will provide support similar to that of a PPS, although the type of support, and who is entitled to receive it, has been significantly expanded.

December 2014
. 

Introduction 

Every school is required to produce a discipline policy. This policy will outline the disciplinary measures that will be applied if pupils misbehave. A copy of the school’s discipline policy is available from the school. Exclusion is one of the measures that schools can use following a serious act of misbehaviour. Exclusion may follow a series of incidents where the school will have tried different strategies to improve a pupil’s behaviour and after other forms of disciplinary sanctions have been tried and have failed. 

However, pupils may be excluded for a single act of misbehaviour if it is serious enough.  Pupils can be excluded with immediate effect and parents or carers are expected to make their own care arrangements, as would be the case if a child was ill. 

There are three types of exclusion - lunch time, fixed period and permanent. 

Lunch time exclusion 

A pupil whose behaviour at lunch time is disruptive may be excluded from the school premises for the lunch time period.  Schools are advised to make the necessary arrangements if your child is entitled to free school meals.  This may mean a packed lunch being provided by the school.   

Fixed period exclusion 

The head teacher of a school can decide to exclude a pupil from school for a period of up to 45 days in any one school year. This means the pupil in question must not attend the school or enter school premises on the dates given. In exceptional circumstances -usually where further evidence has come to light - a fixed period exclusion may be extended or converted to a permanent exclusion. 

Permanent exclusion 

Permanent exclusion is a very serious step. The head teacher of a school can decide to exclude a pupil permanently if the school feels it is no longer able to cope with the pupil.

How do I find out that my child has been excluded? 

If your child is excluded you will be sent a letter from the head teacher setting out the dates of the exclusion and the reason(s) for it. If it is a fixed period exclusion, it will also state a time and date when your child should return to school. The letter will include details about the reintegration interview, where appropriate. You will also be told how to “make representations” about the exclusion to the discipline committee of the school’s governing body. You have a duty to ensure that your child is not present in a public place in school hours during the first five days of the exclusion unless there is reasonable justification for this. You may receive a penalty notice from the local authority (£50 per parent if paid promptly) if your child is present in a public place during the times outlined above. 

What does “make representations” mean? 

It means you have the right to make your views known about the exclusion to the discipline committee. It is advisable that you put your views in writing. Depending on the length and type of exclusion you may be invited to a meeting of the discipline committee where you would be able to explain your views in person. You will be told how to make representations in the letter telling you about the exclusion. 
You should also be aware that if you think the exclusion has occurred as a result of disability discrimination then you may make a claim to the First-tier Tribunal (Special Educational Needs and Disability). The address to which disability claims should be sent is Special Educational Needs and Disability, Mowden Hall, Staindrop Road, Darlington DL3 9BG. If you feel other forms of discrimination have occurred you can make a complaint to the County Court. In this case, you should contact the Citizens’ Advice Bureau or seek legal advice.

What does the discipline committee do? 

This depends on the length and type of exclusion. 

•	If your child has been excluded for five days or less (or up to 10 lunchtimes) they have no power to change the headteacher’s decision but can make their views known to the headteacher. 

•	If your child has been excluded for more than five days in any one term (or more than10 lunchtimes) or where exclusion would result in them missing a public examination (such as a GCSE), the governors can ‘direct reinstatement’. This means they can insist that your child returns to school immediately - or on a specified date.

•	If your child is excluded for 15 days or less in any one term, the committee will only meet if it receives representations. It will meet within six to 50 school days from the start of the exclusion.

For exclusions totalling over 15 days in a term and for all permanent exclusions the committee must meet to consider the exclusion and, if it is a permanent exclusion, whether the pupil should return to that school. This meeting must be held no later than the fifteenth school day from the date on which the committee was notified of the exclusion. This is to allow time for a “cooling off” period and to give you time to prepare your case. 

You will be invited to attend the meeting and can invite a friend/relative to accompany and help you. If you would like to bring a friend/relative, you should let the clerk to the discipline committee know in advance. It may also be possible for your child to attend the meeting and speak on his/her own behalf. 

What decision can the governors make? 

The discipline committee can either allow your child to return to school - “direct reinstatement” - or accept the head teacher’s decision. 
If the committee decides your child should return to school, they will set a date for them to return. If they decide that your child should remain excluded, they will write to you within one school day of the hearing, giving the reason for their decision. If your child has been permanently excluded, you will also be informed of your right to apply to an independent review panel, together with the name and address of the person to whom any application should be sent. You will have the right to apply for a review even if you have not made any prior representations to the discipline committee. 

What is the role of the Council? 

A Council representative will be invited to attend the discipline committee’s meeting and can make a statement to the governing body about how other schools in the area have dealt with similar incidents. The Council’s representative can also draw the attention of governors to issues where there is a lack of clarity or where more information may be needed or where it appears Department for Education (DfE) guidance has not been followed. However, the Council has no say over the final decision that the governors make. 

If your child has been excluded from an academy or a free school, the Council representative will only attend at your invitation and will only be allowed to speak with the agreement of the governing body.
The Council can also offer advice about the exclusion process to both parents and schools. For more information contact 01254 666606/email admissions@blackburn.gov.uk or write to: 

Exclusions Manager, 
Pupil Support, 
Children’s Services & Education Department, 
10 Duke Street, Blackburn Bb2 1DH, 01254 666606

Alternatively, you can visit 10 Duke St in person to discuss the exclusion or email -
cs-regulatoryservices@blackburn.gov.uk 

What about my child’s education? 

In the case of a fixed period exclusion of six days or more, or following a permanent exclusion, your child will be provided with full-time education from the sixth day of the exclusion. Some schools will, however, make this arrangement available from the first day of exclusion. Your child will be expected to attend this alternative education, which will usually be away from the excluding school. 
For shorter exclusions, the school will make work available for your child to do at home. The exclusion letter or a follow-up letter will tell you what arrangements are to be made. 

In the case of a permanent exclusion, the Council will usually arrange for your child to attend a Pupil Referral Unit.    You will be contacted you to discuss the arrangements.

Reviews

If the discipline committee agrees with the head teacher’s decision to permanently exclude, you can either: 
•	accept the decision or 
•	you can apply for a review.

If you decide to accept the committee’s decision, your child will be removed from the school roll and will not be able to return to the excluding school. If you live in Blackburn with Darwen, the Council will remain responsible for providing your child with a suitable education and it is likely that he/ she will continue to attend either St Thomas’s Centre or the Sunnyhurst Centre. Staff at the Centre will discuss with you your child’s future educational provision.  For children living outside the borough, please contact your home Council. 

Applying for a review of the permanent exclusion

You should have received a letter from the discipline committee explaining the reasons for their decision to support the exclusion. Both this and a letter from the Council will explain your legal right to apply for a review of this decision to an independent review panel. The letter from the Council will enclose an application form, which must be completed and returned within 15 school days from the date of the discipline committee’s decision. The letter will state the last date by which the application form must be returned. 

Once your form has been received, an independent review panel will meet within 15 school days. The meeting will not be at the school; you will be informed of where the meeting is to take place. 
In certain circumstances you have the right to request the presence of a ‘Special Educational Needs Expert’ at an independent review panel – you will be provided with information about this after the discipline committee meeting.

Who will be on the review panel? 

In Blackburn with Darwen, panels normally consist of three members (including the chair): 

•	The chair must be a lay member (someone who has not worked in school in a paid capacity, although they may have  been a school governor or a volunteer). 

•	A headteacher of a school, serving or retired within the previous five years. 

•	A governor of a school serving or having served within the previous five years with at least a year’s experience. 

All panel members will be impartial, unprejudiced and will have taken no previous part in the case and have no personal or school interest in its result. The governor and the head teacher representatives on the panel will have no connection with your child’s school. 

Who will attend the hearing? 

You will be invited to attend the hearing and have the right to 
be legally represented or to be accompanied by a friend. The head teacher and a member of the school’s governing body are entitled to attend. The governing body has the right to legal representation. A Council representative will also be present if your child has not been excluded from an academy. Your child will normally be allowed to attend and have the chance to speak on his or her own behalf. 
All reviews will have the services of a legally trained clerk who will take notes of the meeting and will be able to provide an independent source of advice on the procedure for all parties. The clerk will not have served as the clerk to the discipline committee hearing. 

What happens at the review hearing? 

Review hearings normally last up to one and a half hours, although there is no time limit. The hearing will only end when all relevant parties have made their case and you have nothing more to add. You will always be given the opportunity to have the last word. 
You will be told the order of the hearing in advance and although it is a legal procedure, the meeting will be kept as informal as possible. The school will be invited to put its case first and explain the decision to permanently exclude your child and the school can call witnesses if necessary. At the end of the school’s case, all other parties, including you, will be offered the opportunity to question the school’s representatives. 
You will then be invited to give your case and may be questioned by the panel members, the school and the Council. The Council representative, if in attendance, will then provide information to the panel and, again, may be questioned by all parties. 
Finally, both the school and you will be given the chance to give any final views. You will always be given the opportunity to have the last word. When you are satisfied that you have nothing more to add, everyone apart from the panel members and the clerk will be asked to leave the hearing. 
The panel will then consider the decision and you will be informed of the outcome within two school days. 

What decisions can the review panel make? 

The panel can: 
•	Uphold the exclusion decision
•	Recommend that the governing body reconsiders their decision, or`
•	Instruct the governing body to consider the exclusion again.

The letter from the panel will explain the reasons and circumstances for their decision. The decision is final and binding on all parties. 

More help -

If you are concerned about your child’s behaviour at school, you should talk to staff at the school who may be able to suggest ways of helping your child. 

If your child has an Education Health & Care Plan (EHC Plan)  or your son/daughter’s  statement of Special Education Needs (SEN) or an Individual Pupil Resourcing Agreement (IPRA) is being transferred to a EHC Plan, you can contact your SEN officer at Blackburn with Darwen Borough Council on 01254 666738 for advice.

The Education Psychology Team can offer support and advice about behaviour and emotional development to children and young people, their families and schools. Ask your school for details or contact 01254 666881 or educationalpsychology@blackburn.gov.uk 

For help with admission or exclusion procedures, you should contact Pupil Support on 01254 666606 

If you think your son or daughter may be using illegal substances, you can contact Lifeline East Lancashire on 01254 677493. 

You may also find it useful to contact the Coram Children’s Legal Centre on tel. 08088 020 008 or at www.childrenslegalcentre.com  who can offer free legal advice on English law and policy affecting children and providers. 

In addition, you may wish to contact the  Blackburn with Darwen Special Educational Needs & Disability,  Information,  Advice & Support Service (SENDIASS) at the Community CVS, Boulevard Centre, 45 Railway Road, Blackburn BB1 IEZ (01254 503049) (www.communitycvs.org.uk/sendiass) –who will be able to offer support and  advice regarding the exclusion process.