Exclusion of pupils from school
Exclusion is when a pupil is not allowed to attend school for a suspension period. Exclusion can also be permanent when a headteacher decides that the pupil has seriously broken school rules.
Exclusion from School
Extract from Department for Education Website
What happens when your child is excluded?
Your child’s school will let you know about an exclusion as soon as possible. They’ll follow up with a letter telling you how long your child is excluded for and why. You should also be told how to challenge the exclusion, if you want to.
Risk of prosecution if child is found in public place
For the first five school days of an exclusion, it’s your responsibility to make sure your child isn’t in a public place during normal school hours unless there is a good reason. You might be prosecuted if your child is found in a public place when they’re not supposed to be.
Types of exclusion
There are two kinds of exclusion:
Suspension exclusion
A suspension exclusion is where your child is temporarily removed from school. They can only be removed for up to 45 school days in one school year, even if they’ve changed school.
If a child has been excluded for a suspension period, schools should set and mark work for the first 5 school days.
If the exclusion is longer than five school days, the school must arrange suitable full-time education from the sixth school day, e.g. at a pupil referral unit.
Challenging suspension exclusion
You’ll get a letter from the school telling you what to do if you disagree with the exclusion. You can ask the school’s governing body to overturn the exclusion if either:
- your child has been excluded for more than 5 days
- the exclusion means they’ll miss a public exam or national curriculum test
If the exclusion is for 5 days or fewer, you can still ask the governors to hear your views, but they can’t overturn the headteacher’s decision.
Permanent exclusion
When a child is permanently excluded the child cannot go back to that school unless the school’s governors change this decision. The local authority will arrange full-time education from the sixth school day.
Governing board meeting
You will be invited to a review meeting with the school’s governors if your child has been permanently excluded. This will happen within 15 school days.
The governing board 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
Challenging Governors' decision
In the case of a permanent exclusion where the governing board decides not to reinstate the pupil, the governing board’s notification must state that the exclusion is permanent and provide notice of parents’ right to ask for the decision to be reviewed by an Independent Review Panel and provide the following information:
- the date by which an application for a review must be made (i.e. 15 school days from the date on which notice in writing of the governing board's decision is given).
- where and to whom an application for a review (and any written evidence) should be submitted – For queries on exclusion and IRP Form - Email: exclusions@towerhamlets.gov.uk
You can ask for a special educational needs (SEN) expert to attend if your child has SEN or you suspect they have SEN. You should include this in your application for an independent review.
Following its review, the panel can decide to:
- uphold the governing board’s decision not to reinstate
- recommend that the governing board reconsiders reinstatement or
- quash the governing board’s decision and direct that the governing board reconsiders reinstatement
If your child is still excluded you can ask the Local Government Ombudsman (or the Department for Education) if the school’s an academy or free school) to look at whether your case was handled properly. They cannot overturn the exclusion.
Discrimination and other complaints
You can make a claim to a court or a tribunal if you think your child's been discriminated against. You need to do this within 6 months of the exclusion.
You can make a claim to a first-tier tribunal if you believe your child's been discriminated against because of a disability. Contact the Equality Advisory Support Service for help and advice.
For more general complaints (for example, if you do not want to challenge the exclusion but you're not happy with the way the school handled it), follow the normal school complaints process.
Further information for parents on challenging a permenant exclusion can be found on the DfE website here - Behaviour in schools: sanctions and exclusions: Challenging exclusion - GOV.UK.
Contact details
- Pupil Access Team
Tel: 020 7364 5006 (Option 4)
Related services
Family services