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Exclusion
Exclusion is a serious step for a school to take. When a pupil
is excluded from school, the parent, the school and Medway Council
have certain shared responsibilities and rights.
The decision to exclude
The head teacher (or a senior member of staff nominated to act
in the head teacher's absence) is the only person who can take the
decision to exclude a pupil from school. The decision will only be
taken in response to serious offences. In most cases when a pupil
is excluded from school there will have been earlier discussion
between the school and parents concerning a pupil's behaviour. When
a pupil is excluded, the headteacher must, by law, advise parents,
school governors and the council. Parents have the right to know in
detail the reasons for an exclusion.
Types of exclusion
There are two types of exclusion: fixed term period exclusion
and permanent exclusion. A pupil may be excluded for a fixed period
of time - for example a few days. Pupils may be excluded for up to
45 days in any one school year.
In response to more serious matters, the headteacher may exclude
a pupil permanently.
Fixed period exclusion
If a child is excluded for a fixed period, the headteacher must
inform the parents immediately, ideally by telephone, of the reason
for exclusion and the date when the pupil should return to school.
The headteacher will also inform parents of their right to put
their views to the governing body's discipline committee and should
provide appropriate contact information. This must be followed up
in writing within one school day. If the exclusion is for less than
six school days, any written views a parent wishes to make will be
considered by the discipline committee. If the exclusion is for
between six and 15 days, the discipline committee will meet if the
parents formally request them to do so and the parents will be able
to present their case in person. For longer fixed period exclusions
or when a pupil has been excluded for more than 15 days in any one
term, the discipline committee will meet.
The discipline committee is a group of governors who have had no
prior involvement with the incident leading to exclusion and is
there to consider whether the school acted correctly in making the
decision to exclude. The discipline committee can consider the
parents and for exclusions of more than five days, decide whether
the exclusion should be confirmed or overturned.
When a pupil is excluded for more than one day, the headteacher
will make arrangements for the pupil to do work at home.
Lunchtime exclusion
Schools may exclude pupils from school for the lunchtime period
and if they do, must follow the same requirements as for the other
fixed period exclusions. For the purposes of discipline committee
meetings, a lunchtime exclusion counts as half a school day.
Permanent exclusion
If a pupil is permanently excluded, the head teacher will notify
parents in the same way as for a fixed period exclusion. The
discipline committee will then convene a meeting within 15 school
days to which the parents, pupil and a council representative will
be invited. Parents have the right to see the pupil's school
records before the meeting and the head teacher's letter will
explain how to do this.
At the meeting, the discipline committee will listen to the
school's reasons for permanently excluding the pupil and parents
will have the opportunity to present their case. Parents may bring
a friend with them if they wish.
The meeting, while following certain legal requirements, will be
as informal as possible. At the start of the meeting, the chair of
the committee will introduce everyone and explain how the meeting
will proceed. It is important to remember that the governors will
want to hear everyone's point of view and make a decision based on
all the available evidence. It is therefore important that parents
prepare thoroughly for the meeting, perhaps making notes of what
they want to say or by making a written submission so that they are
sure they have raised every point they feel is relevant. The
discipline committee may ask questions of the school, the parents
and the pupil to ensure that they have all the information they
need to make a fair decision. A council representative will be
present to offer impartial advice and guidance to all parties.
Once the discipline committee members are satisfied that they
have all the information they need and that everyone has said
everything that they want to, all parties leave and the committee,
together will the clerk, will remain to consider its decision.
Parents will be notified of the committee's decision in writing,
usually within one school day.
If the committee decides to overturn the school's decision, the
pupil can be re-instated to the school. This should happen as soon
as possible and no more than five schools days after the decision
is made.
If the committee decides to uphold the head teacher's decision
to exclude, parents have the right to ask for a further hearing
before an independent appeals panel. Parents have 15 days from
receiving the committee's decision to request an appeal. The
request must be in writing and the letter notifying the decision
will explain how to do this. The independent appeal panel is not
connected with the school, the discipline committee or the
council.
The independent appeals panel will meet, at a local venue,
within 15 days of the request. The hearing will follow a similar
format to the discipline committee meeting and its decision is
legally binding on all parties.
During the period from when parents are notified that a pupil
has been permanently excluded from school until the appeal period
has lapsed or an appeal has been considered, the pupil remains on
roll of the school and the school must continue to set and mark
work for the pupil to complete at home.
After permanent exclusion
If permanent exclusion is confirmed by the independent appeals
panel or parents decide not to appeal, Medway Council must make
alternative arrangements for the pupil to receive education.
Whenever possible, this will mean the pupil is allocated a place at
another mainstream school. Parents can also approach another school
for a place at any time and the school should not refuse on the
basis that the pupil has been permanently excluded. If parents are
refused a place at their preferred school, that school must advise
parents of their right to appeal against that decision.
If it is not considered appropriate for the pupil to attend
another mainstream school at that time, alternative arrangements
will be offered: for example, group tuition or a place at a pupil
referral unit.
Further independent advice can be obtained from:
The Advisory Centre for Education (ACE) Ltd
Phone: 0207 704 9822
Website: (www.ace-ed.org.uk/)
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