Information for parents and carers
Being told that your child has been permanently excluded can be difficult, and this guidance explains the process, your rights, and the support available to you and your child.
What you need to know
Being told your child has been permanently excluded, which means they are no longer allowed to attend the school they have a place at, can be upsetting and confusing. This information aims to help you understand the process and options available, as well as signpost further sources of advice and guidance.
Who can exclude and for what reasons?
Only the headteacher can exclude, or a person acting in that role in the absence of the headteacher.
All exclusions must be for disciplinary reasons only and should be a last resort. A child should only be excluded from school:
- if they seriously or persistently breach the school’s behaviour policy
- seriously harm the education or welfare of themselves or others in the school if they remained in school
A ‘serious breach’ can mean a one-off incident and each school has this outlined in their behaviour policy. It is unlawful for a school to exclude for non-disciplinary reasons such as:
- failure to meet special educational needs
- academic attainment or ability
- not meeting certain conditions after a fixed-term suspension (e.g. insisting that a child apologise before they return)
Education, Health and Care Plans (EHCP)
If your child has an EHCP (whether they attend a mainstream or special school) the school should have sought advice from the Inclusion Service (including the Inclusion and Alternative Provision Team, SENs Team and Child and Educational Psychology Service) and advised the Special Educational Needs and Disabilities Assessment Team (SENDAT) of their concerns if they feel the pupil is at risk of exclusion.
What happens after my child is excluded?
Parents and carers have a right to make written representations to the governing body if they do not agree with the reasons for the exclusion. Until the governing body has met, the permanent exclusion is not official, so it is also possible to meet with the headteacher regarding their decision prior to the Governors Disciplinary Meeting. Parents and carers have a right to attend a meeting with the governing body and can take a friend or a SEN representative to the meeting.
The Governors’ Disciplinary Meeting
This meeting must be held within the first 15 school days following the exclusion. The meeting should take place regardless of whether you make an appeal and you will be informed of the decision in writing.
The headteacher must explain the support that the school have offered to your child to avoid exclusion.
They will also give you an opportunity to give your view about the exclusion, and to ask any questions.
The Governors can make one of two decisions:
- decline to reinstate the pupil (uphold the head teacher’s decision)
- direct reinstatement of the pupil immediately or on a particular date (overturn the head teacher’s decision)
If your child has been excluded permanently, and this decision was to decline to reinstate, you have a right to request an Independent Review.
Independent Review Panel
If the governors decline to reinstate a young person, then the family can request that the exclusion be heard by an independent review panel (IRP). The IRP does not have the power to overturn the decision but can assess whether the decision taken was procedurally fair and tell the Governing Body to consider their decision. Whether or not a school recognises a pupil as having SEN, parents can ask for an SEN expert to attend the review meeting.
We advise reading the full guidance if you are considering requesting an IRP. You will be given details about this in the governors’ letter informing you of their decision following a permanent exclusion.
What happens to my child’s education when they have been permanently excluded?
The school should take reasonable steps to set and mark work for your child during the first five days of an exclusion. How to access and return competed school work will be set out in the permanent exclusion letter. Any work set should be accessible and achievable by pupils outside of school. From day six of the exclusion the Local Authority is responsible for the education of any pupil of compulsory school age. You will be contacted by the Inclusion and Alternative Provision Team to discuss the exclusion process and education package. For secondary aged pupils, education is provided by The Avenue Centre for Education.
If your child is excluded and will miss a public exam such as GCSE or national curriculum tests, contact the school straight away to find out what the arrangements are. In this case the governors must meet if possible before the date of the exam to consider whether to reinstate your child. It may also be possible for a child to be allowed onto the school premises just to take an exam. In this case you might need to escort your child to and from school.
Throughout the permanent exclusion process, parents and carers can contact the Inclusion and Alternative Provision Team for information and support.
Email: IAPTeam@luton.gov.uk
Information for schools
Permanent exclusion is a very serious matter and should only be considered as a last resort, when all other interventions have been explored and exhausted. Only a school's headteacher can permanently exclude a pupil or a named deputy if the headteacher is out of school. Advice prior to making this decision may be sought from the Inclusion and Alternative Provision Team.
A headteacher may decide to permanently exclude a pupil only when they are sure that:
- the pupil has seriously breached the school's discipline policy
- if the pupil remains in school, it would seriously harm the education or welfare of the pupil or others in the school
The school is required to complete a permanent exclusion form via the portal giving a short narrative background and details around the student.
The student’s family must be notified in writing, with details of the Inclusion and Alternative Provision Team, so they have access to information, advice and guidance around their rights during the permanent exclusion process.
Further information
You can find out more information from GOV.UK's website regarding school suspensions and permanent exclusions.