Education and Child Matters

I AM L.I.P

I am a Litigant In Person

School Exclusions (Suspensions, Expulsions, Off-Rolling, Managed Moves)

 

When we at I AM L.I.P wrote the webpage we came across this website that we found very useful if your child has been suspended or expelled from school. Please click on the link below once you have read this webpage. 

LINK TO SCHOOL EXCLUSION PROJECT. 

WHAT IS A SCHOOL SUSPENSION?

A school suspension is a fixed period of exclusion from the school premises. It is a temporary removal of a child from school. This is usually for discipline reasons.

LINK TO GOVERNMENT WEBPAGE FOR SECTION 52 OF THE EDUCATION ACT 2002 

HOW MANY DAYS CAN A SCHOOL SUSPEND A CHILD?

A school can only suspend a child for up to 45 days in 1 school year.

DOES A SCHOOL SUSPENSION GO ON A CHILD’S SCHOOL RECORD?

Yes it does. Any action like suspension whether it is for discipline reasons or not are recorded on a child’s school records.

WHAT IS A SCHOOL EXPULSION?

A school expulsion is a permanent removal of a child from the school. The child’s name will be removed from the school admissions register. The child will have to enrol in a new school elsewhere. The school must remove a child from the admissions register within 5 school days of the child leaving the school. 

DOES THE SCHOOL HAVE TO INFORM THE PARENTS WHEN THEY HAVE SUSPENDED OR EXPELLED A CHILD?

Yes they do. The school will send a letter and maybe also an email or call the parent explaining why your child has been suspended or expelled, the reasons why and for what length of time they have been suspended. 

WHAT INFORMATION DOES THE SCHOOL NEED TO GIVE THE PARENTS WHEN THEY HAVE SUSPENDED OR EXPELLED A CHILD?

Once a school have suspended or expelled a pupil they should write to the parent and give the following information:

  1. Why the child has been suspended or expelled
  2. The length of time the child has been suspended. 
  3. How the parent can challenge the suspension or expulsion and details of who and where to do this.
  4. Details of the point of contact
  5. Details of any meetings that are to be held.

Further down on this webpage we discuss and explain that the school needs to provide school work for your child for up to 5 days of the suspension or expulsion. After this the school needs to provide an alternative education provision. If this is the case then this information must be sent to the parent either in this letter or a subsequent letter. The parents must be informed at least 48 hours before the alternative education provision starts. The school must provide the following information: 

  1. The name and address where the alternative education provision has been arranged
  2. Who the child should report to when they arrive at the place where alternative education provision has been arranged.
  3. The start date, the time of arrival and the time the day ends.
  4. The timetable for the day, when sessions start and end, lunch time and break time.

WHAT DOES THE TERM ‘SCHOOL EXCLUSION’ MEAN?

The words ‘school exclusion’ is used in many write ups. It is a general term which can be used for both temporary suspension of a child from school or the permanent expulsion of a child.  

LINK TO DEPARTMENT OF EDUCATION GUIDE TO SUSPENSION AND PERMANENT EXCLUSION FROM MAINTAINED SCHOOLS, ACADEMIES, AND CHILD REFERRAL UNITS IN ENGLAND INCLUDING CHILD MOVEMENT

CAN AN INITIAL FIXED TERM SUSPENSION BE EXTENDED OR TURNED INTO A PERMANENT EXPULSION?

Not usually. This can only happen in the most exceptional cases. The school must have uncovered new evidence in order to do this.

WHEN IS IT LAWFUL FOR A SCHOOL TO SUSPEND OR EXPEL A CHILD?

There are many reasons why a child can be suspended or expelled from school. Some are:

1. Severe breach of the school’s behaviour policy such as:

    • Damage to school property or other child’s property.
    • Theft of school property or other child’s property.
    • Severe bullying of other children 
    • Verbal abuse and physical assault of a child or member of school staff.

2. Consistent refusal to comply with academic instructions

3. A series of breaches of the school’s behaviour policy

4. Failure to comply with sanctions 

5. Where keeping the child in school will hurt the education and welfare of other children.

WHEN IS IT UNLAWFUL FOR A SCHOOL TO SUSPEND OR EXPEL A CHILD?

Under the equality act 2010 it is unlawful to suspend or expel a child because of the following reasons:

  1. By increasing the severity of a non-disciplinary reason for punishment.
  2. A child’s ability
  3. Pregnancy or becoming a parent
  4. Their gender
  5. Sexual orientation
  6. Their race, religion, and culture
  7. If a school cannot meet the needs of a child with a disability
  8. If the school cannot meet the needs of a child with special educational needs
  9. Gender reassignment
  10. The actions of a child’s parents
  11. Where a child doesn’t comply with a specific condition to reinstate them 
  12. Where sending a child home will hurt their education and their welfare

LINK TO GOVERNMENT WEBSITE FOR EQUALITY ACT 2010

LINK TO GOVERNMENT WEBSITE FOR EQAULITY ACT 2010 – GUIDANCE

CAN A CHILD ARGUE THEIR CASE IN FRONT OF THE HEADTEACHER BEFORE A DECISION IS MADE TO SUSPEND OR EXPEL THE CHILD?

Yes of course they can. The child should always be given a chance to explain themselves and perhaps apologise and make amends for what has happened. The head teacher should carry out a full investigation into the whole episode before making a decision whether to suspend or expel the child.

WHAT MUST THE HEADTEACHER TAKE INTO CONSIDERATION BEFORE SUSPENDING OR EXPELLING A CHILD?

There are many factors a head teacher must take into consideration. One of the main reasons is whether there is an underlying reason for a child’s bad behaviour? 

  1. This could be the death of a family member
  2. Abandonment by a family member
  3. The child was coerced or forced to do something
  4. The child has been bullied and retaliated
  5. The child has mental health issues 
  6. If the child has a disability, has the right support been put in place for the child
  7. If the child has special educational needs, has the right support been put in place for the child.

The head teacher can ask for an outside assessment of and multi agency support for a child who is demonstrating consistent bad behaviour. 

WHO IS RESPONSIBLE FOR PROVIDING A CHILD WITH SCHOOL WORK ONCE THEY ARE SUSPENDED OR EXPELLED?

If your child is suspended

If your child has been suspended from school, the school must send school work to your child at home via email, deliver it to your home or ask you as the parent to pick it up during the first 5 days of the suspension. After the sixth day the school will have to continue providing education but perhaps at a child referral unit or somewhere else appropriate. 

If the education being provided during the first 5 days and/or the alternative education being provided from the sixth day is not good enough you can complain to the school.

LINK TO OUR L.I.P HELP GUIDE FOR COMPLAINING TO AND ABOUT UK EDUCATION ESTABLISHMENTS

If your child is expelled

If your child has been expelled from school, the school must send school work to your child at home via email, deliver it to your home or ask you as the parent to pick it up for the first 5 days of your expulsion. From the sixth day onwards your local authority will provide an alternative education for your child.

If the education being provided during the first 5 days and/or the alternative education being provided from the sixth day is not good enough you can complain to your local education authority. 

CAN A SCHOOL SUSPEND OR EXPEL A CHILD FOR THEIR BEHAVIOUR OUTSIDE OF THE SCHOOL PREMISES?

Yes they can. The school can suspend or expel a child for serious bad behaviour outside of school.

SUSPENDING OR EXPELLING A CHILD WITH A DISABILITY AND/OR SPECIAL EDUCATIONAL NEEDS?

If a child is disruptive and this behaviour is due to a disability or the child has special educational needs then the child cannot be suspended or expelled. It is unlawful to do so. Such an example is a child with ADHD. 

The school needs to work closely with the parents and the local authority to put provisions in place to support and help these children. If a child has an EHC plan then an early or an emergency review may be needed to discuss further support and help that may be needed for the child or whether attending another more suitable school may be a better option. 

LINK TO OUR L.I.P HELP GUIDE FOR EDUCATION FOR CHILDREN WITH SPECIAL EDUCATIONAL NEEDS, DISABILITIES AND MEDICAL NEEDS

SUSPENDING OR EXPELLING A LOOKED AFTER CHILD (A CHILD IN CARE)

When it comes to suspending or expelling a look after child (LAC) the head teacher and the school should liaise with the local authority, the child’s foster carers or the staff at the children’s home to find a positive outcome such as further assessment to put support and help in place, review the child’s personal educational plan (PEP) or find a suitable school where they may perform better. 

LINK TO OUR L.I.P HELP GUIDE FOR PROVIDING EDUCATION FOR LOOKED AFTER CHILDREN

CAN YOU CHALLENGE A FIXED PERIOD SUSPENSION OR PERMANENT EXPULSION?

Yes you can. There may be many reasons why you do not agree with your child’s suspension or expulsion. Some of these reasons could be:

  1. You feel the punishment is too severe for the behaviour/incident.
  2. The headteacher has not taken other circumstances into consideration.
  3. There are other issues at play such as the head teacher is racist.

You can appeal the head teacher’s decision. The school will have sent you a letter and maybe an email detailing the suspension/expulsion, the reasons why and the length of time. The letter should also give you details on how to appeal the decision to suspend/expel your child. If the letter does not then you must contact the school and ask for the procedure to appeal the suspension or expulsion. It will normally involve completing a form and attaching a statement to send to the schools board of governors to consider your appeal.

The school of governors cannot consider your appeal and overturn the head teacher’s decision to suspend your child if your child has been suspended for less than 5 days. However, they can consider your appeal and overturn the head teachers decision under the following circumstances:

  1. If you child has an external exam or test during the exclusion period
  2. Your child has been suspended for more than 5 days.

If your child has been expelled, the school governors will consider your appeal. They will ask you to meet for a review within 15 school days. If you’re not happy with the outcome then you can ask your local authority for an independent review. If the school is an academy then you must ask the academy trust for the independent review. 

The school governors must give you all the details to ask for an independent review. 

If you ask for an independent review by your local authority about the expulsion of your child then the school cannot remove the child’s name from the school admissions register until the review has taken place.

CAN A HEADTEACHER WITHDRAW A SUSPENSION OR EXPULSION?

The headteacher can withdraw a suspension or expulsion before the governing body gets involved. When this happens the head teacher has to inform the local authority, the governing body, and the parents of the child. 

IF YOUR CHILD IS SUSPENDED OR EXPELLED WHEN WILL THE SUSPENSION OR EXPULSION START?

The suspension or expulsion can start on the same day. However, if you cannot pick up your child from school then it can start from the next day. The school cannot make you pick up your child from school if you are unable to.

WHAT WILL HAPPEN IF YOUR CHILD GOES TO A PUBLIC PLACE WHILE SUSPENDED OR EXPELLED DURING SCHOOL HOURS?

There are rules that state your child is not allowed in a public place (unless accompanied by you the parent and for a good reason) for the first 5 days of the suspension or expulsion during school hours.

The headteacher should inform you as the parent when the 5 days start by the middle of the first day of suspension or expulsion. If a suspended or expelled child is found in a public place without good reason the parents could receive a fixed penalty notice.

WHAT IS A MANAGED MOVE?

A managed move is a voluntary informal agreement between a child, their parents and the school where the child is being moved from and the school where the child is being moved to. The managed move is initially a trial move from one school to another under controlled circumstances, but with support, leading to a permanent move.

It is an alternative to a permanent expulsion because there will be no expulsion recorded on the child’s school records. The child will have registration at both schools during the trial period until the move is permanent. 

A managed move can only be done with the consent of the parents, the pupil and the schools and can only be considered under the following circumstances:

  1. When the child repeatedly states they do not want to attend the school they are enrolled in.
  2. When the school cannot meet the needs of a child with a disability.
  3. When the child with a disability is not progressing at the present school
  4. When the school cannot meet the needs of a child with special educational needs.
  5. When a child with special educational needs is not progressing at the present school.
  6. When the child is disruptive or can cause harm to other pupils at the present school 
  7. Where a child is a great risk of being expelled from the present school 

What details will be included in the managed move agreement:

  1. The name of the individual who is overseeing the managed move.
  2. The outcome of the managed move
  3. Any change in the education plan for the child
  4. When will the managed move start?
  5. Where will the managed move be?
  6. What are the necessary steps in the process? 

What are some examples of managed moves:

  1. Moving the child to a pupil referral unit for some time and then returning the child to the original school or another one.
  2. Moving the child to a new school with an amended learning programme
  3. Keeping the child at the current school part time with an individual learning programme at home.

There can be many combinations of managed moves and are specific to an individual child. 

Normally the school from where the child is being moved will ask a facilitator to oversee the whole managed move. The head teacher and the facilitator will discuss what options are available for the child’s managed move. Once discussed the facilitator will look into these options and make enquiries. All options will be discussed with the parents. A managed move meeting will be held at the school where the headteacher, the facilitator, the parents and the pupil will be present. Once everything has been agreed, the facilitator will write the agreement to be implemented. 

Occasionally the school can offer the child a deferred managed move. Here the child is given a chance to make some changes and agree to some conditions outlined in the managed move agreement. If the conditions are not met then the child is moved according to the agreement.

If the managed move is not successful the head teacher at the school where the child was moved to can suspend the managed move agreement. What will happen to the child under these circumstances will be detailed in the agreement.  Most often the school from where the child was moved should be prepared to take the child back. 

LINK TO GOVERNMENT WEBPAGE FOR SECTION 29(3) EDUCATION ACT 2002

WHAT IS AN OFF-SITE DIRECTION?

Section 29(3) of the education act 2002 allows maintained schools to direct a disruptive child to continue their education off-site for a small time period. It is a way to improve the future behaviour of a child. Academies can also do this if they need to under the general powers given to them by the government.

An off-site direction does not need the consent of the child’s parents. However, the parents need to be kept abreast of all decisions regarding the off-site direction. If the child concerned has a EHC plan then the school will have to keep the local authority updated as well as the parents.

An off-site direction has to be reviewed regularly with parental involvement.

LINK TO GOVERNMENT WEBPAGE FOR SECTION 29(3) EDUCATION ACT 2002

LINK TO GOVERNMENT WEBPAGE FOR EDUCATION REGULATIONS 2012 – EDUCATION PROVISION FOR IMPROVING BEHAVIOUR.

LINK TO DEPARTMENT OF EDUCATION GUIDE ALTERNATIVE PROVISION – OFF-SITE DIRECTION ON PAGE 12

WHAT IS OFF-ROLLING?

Off-rolling is when a school removes a child from the school admissions register but does not permanently expel the child (the school does not formally exclude the child). A school may do this when it is in their best interest to do so. For example to make the school statistics look better. 

Off-rolling is also when a school pressures parents to remove their child from the school admissions register to benefit the school. In this way the school does not have to exclude the child from the school. 

Off-rolling is illegal.

LINK TO GOVERNMENT WEBSITE FOR OFF-ROLLING: EXPLORING THE ISSUE

LINK TO GOVERNMENT BLOG FOR WHAT IS OFF-ROLLING AND HOW DOES OFSTED LOOK AT IT ON INSPECTION