School Exclusion Appeals and Legal Advice

School exclusion is when a pupil is removed from their school and not permitted to return for a period of time (known as fixed term) or permanently. Permanent exclusion should be a last resort for schools, so the exclusion process should be thorough.

There are two kinds of exclusion, which are dependent on the reason for exclusion.  They are:

Fixed Term Exclusion – This is sometimes referred to as suspension. This is when a pupil is temporarily removed from a school for a set amount of time. This period cannot be undefined, and needs to made clear to the pupil and their legal guardians. The maximum time a pupil can be excluded on a fixed basis is 45 days in any one academic year.

For the first five days of exclusion, a pupil should be given set work to complete at home. After the sixth day, the school is required to provide full time education externally. Parents should also be advised on how they can support their child academically.

Permanent Exclusion – This is where the pupil is not allowed to return to their school. This should be a last resort, when a school believes one of their pupil’s poses a risk to other pupils or teachers and there has been a serious or persistent breach of the school’s behaviour policy.

What Reasons Would a Pupil be Excluded?

A permanent exclusion must be a last resort and must be for disciplinary reasons. Schools cannot exclude for reasons relating to a child’s disability or other protected characteristic. They also cannot exclude for academic reasons such as falling behind or failing tests. Typical examples that we have seen leading to exclusions include:

• Fighting or physical assaults
• Incidents involving drugs
• Inappropriate sexualized behaviour.

Children should only ever be permanently excluded as a last resort. If a child has special educational needs and/or a disability then this becomes even more of an important consideration. Schools cannot lawfully exclude a child due to reasons relating to their disability. Schools are also under a duty to make reasonable adjustments to policies and processes which may subject a child with additional needs to a detriment where that policy is applied strictly. Blanket or ‘zero tolerance’ policies can be problematic in this respect.

If a child is excluded for a reason that is discriminatory then further legal challenge may be appropriate. We have assisted families where children have been excluded because of poor or challenging behaviour but that behaviour is because of unmet needs.

Exclusions can be challenged. It is important to act quickly in these circumstances. Headteachers can reverse and exclusion before it is considered by a Governing Body. It can be important to maintain dialogue and ensure the situation is progressed appropriately and in a timely fashion. The appeal process is there to be used and should be robust.