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Welcome to
Spring Meadow
Primary School
Aim High, Inspire, Make a Difference
1. Aims
We are committed to following all statutory exclusions procedures to ensure that every child receives an education in a safe and caring environment.
Our school aims to:
‘Off-rolling’ is a form of gaming and occurs where a school makes the decision, in the interests of the school and not the pupil, to:
Accordingly, we will not suspend or exclude a pupil unlawfully by telling or forcing them to leave, or not allowing them to attend school without following the statutory procedure contained in the School Discipline (Pupil Exclusions and Reviews) (England) Regulations 2012, or formally recording the event.
Any suspension or exclusion will be made on disciplinary grounds, and will not be made:
If any pupil is suspended or excluded on the above grounds, this will also be considered as ‘off-rolling’.
2. Legislation and statutory guidance
This policy is based on statutory guidance from the Department for Education: Suspension and permanent exclusion from maintained schools, academies and pupil referral units in England, including pupil movement - from September 2023.
It is based on the following legislation, which outlines schools’ powers to exclude pupils:
In addition, the policy is based on:
3. Definitions
Suspension – when a pupil is removed from the school for a fixed period. This was previously referred to as a ‘fixed-term exclusion’.
Permanent exclusion – when a pupil is removed from the school permanently and taken off the school roll. This is sometimes referred to as an ‘exclusion’.
Off-site direction – when a governing board of a maintained school requires a pupil to attend another education setting temporarily, to improve their behaviour.
Parent – any person who has parental responsibility and any person who has care of the child.
Managed move – when a pupil is transferred to another school permanently. All parties, including parents and the admission authority for the new school, should consent before a managed move occurs.
4. Roles and responsibilities
Deciding whether to suspend or exclude
Only the headteacher, or acting headteacher, can suspend or permanently exclude a pupil from school on disciplinary grounds. Governors have agreed that at Spring Meadow this means that the Deputy Headteacher is empowered to suspend or exclude if the Headteacher is not on site at the time. The decision can be made in respect of behaviour inside or outside of school. The headteacher will only use permanent exclusion as a last resort.
A decision to suspend or exclude a pupil will be taken only:
Before deciding whether to suspend or exclude a pupil, the headteacher will:
The headteacher will consider the views of the pupil, in light of their age and understanding, before deciding to suspend or exclude, unless it would not be appropriate to do so.
Pupils who need support to express their views will be allowed to have their views expressed through an advocate, such as a parent or social worker.
The headteacher will not reach their decision until they have heard from the pupil, and will inform the pupil of how their views were taken into account when making the decision.
If a pupil is at risk of suspension or exclusion the headteacher will inform the parents as early as possible, in order to work together to consider what factors may be affecting the pupil’s behaviour, and what further support can be put in place to improve the behaviour.
If the headteacher decides to suspend or exclude a pupil, the parents will be informed of the period of the suspension or exclusion and the reason(s) for it, without delay.
The parents will also be provided with the following information in writing, without delay:
The headteacher will also notify parents without delay and by the end of the afternoon session on the first day their child is suspended or permanently excluded, that:
If alternative provision is being arranged, the following information will be included, if possible:
If the headteacher does not have all the information about the alternative provision arrangements by the end of the afternoon session on the first day of the suspension or permanent exclusion, they can provide the information at a later date, without delay and no later than 48 hours before the provision is due to start.
The only exception to this is where alternative provision is to be provided before the sixth day of a suspension or permanent exclusion, in which case the school reserves the right to provide the information with less than 48 hours’ notice, with parents’ consent.
If the headteacher cancels the suspension or permanent exclusion, they will notify the parents without delay, and provide a reason for the cancellation.
The headteacher will, without delay, notify the governing board of:
The headteacher will notify the LA of all suspensions and permanent exclusions without delay, regardless of the length of a suspension.
The notification will include:
For a permanent exclusion, if the pupil lives outside the LA in which the school is located, the headteacher will also, without delay, inform the pupil’s ‘home authority’ of the exclusion and the reason(s) for it.
The headteacher must notify the LA without delay of any cancelled exclusions, including the reason the exclusion was cancelled.
If a:
This is in order to work together to consider what factors may be affecting the pupil’s behaviour, and what further support can be put in place to improve the behaviour.
If the headteacher decides to suspend or permanently exclude a pupil with a social worker / a pupil who is looked after, they will inform the pupil’s social worker / the VSH, as appropriate, without delay, that:
The social worker / VSH will be invited to any meeting of the governing board about the suspension or permanent exclusion. This is so they can provide advice on how the pupil’s background and/or circumstances may have influenced the circumstances of their suspension or permanent exclusion. The social worker should also help ensure safeguarding needs and risks and the pupil’s welfare are taken into account.
The headteacher may cancel a suspension or permanent exclusion that has already begun, but this will only be done where it has not yet been reviewed by the governing board. Where there is a cancellation:
Any days spent out of school as a result of any exclusion, prior to the cancellation, will count towards the maximum of 45 school days permitted in any school year.
A permanent exclusion cannot be cancelled if the pupil has already been excluded for more than 45 school days in a school year or if they will have been so by the time the cancellation takes effect.
Providing education during the first 5 days of a suspension or permanent exclusion
During the first 5 days of a suspension, if the pupil is not attending alternative (AP) provision, the headteacher will take steps to ensure that achievable and accessible work is set and marked for the pupil. Online pathways such as Google Classroom or Oak Academy may be used for this. If the pupil has a special educational need or disability, the headteacher will make sure that reasonable adjustments are made to the provision where necessary.
If the pupil is looked after or if they have a social worker, the school will work with the LA to arrange AP from the first day following the suspension or permanent exclusion. Where this isn’t possible, the school will take reasonable steps to set and mark work for the pupil, including the use of online pathways.
Considering suspensions and permanent exclusions
Responsibilities regarding suspensions and permanent exclusions are delegated to the Pupil Discipline Committee, consisting of at least 3 governors.
The Pupil Discipline Committee has a duty to consider parents’ representations about a suspension or permanent exclusion. It has a duty to consider the reinstatement of a suspended or permanently excluded pupil (see sections 5 and 6) in certain circumstances.
Within 14 days of receiving a request, the governing board will provide the secretary of state insert ‘and the LA’ if you are a maintained school or pupil referral unit (PRU) with information about any suspensions or exclusions within the last 12 months.
For any suspension of more than 5 school days, the governing board will arrange suitable full-time education for the pupil. This provision will begin no later than the sixth day of the suspension.
The governing board will challenge and evaluate the data on the school’s use of suspension, exclusion, off-site direction to alternative provision and managed moves.
The governing board will consider:
For permanent exclusions, the LA will arrange suitable full-time education to begin no later than the sixth school day after the first day of the exclusion.
For pupils who are LAC or have social workers, the LA and the school will work together to arrange suitable full-time education to begin from the first day of the exclusion.
5. Considering the reinstatement of a pupil
The Pupil Discipline Committee will consider and decide on the reinstatement of a suspended or permanently excluded pupil within 15 school days of receiving the notice of the suspension or exclusion if:
Where the pupil has been suspended, and the suspension does not bring the pupil's total number of days of suspension to more than 5 in a term, the Pupil Discipline Committee must consider any representations made by parents. However, it is not required to arrange a meeting with parents and it cannot direct the headteacher to reinstate the pupil.
Where the pupil has been suspended for more than 5, but less than 15.5 school days, in a single term, and the parents make representations to the governing board, the Pupil Discipline Committee will consider and decide on the reinstatement of a suspended pupil within 50 school days of receiving notice of the suspension. If the parents do not make representations, the board is not required to meet and it cannot direct the headteacher to reinstate the pupil.
Where a suspension or permanent exclusion would result in a pupil missing a public exam or National Curriculum test, the Pupil Discipline Committee will, as far as reasonably practicable, consider and decide on the reinstatement of the pupil before the date of the exam or test. If this is not practicable, the chair of the governing board (or the vice-chair, if necessary) may consider the suspension or permanent exclusion and decide whether or not to reinstate the pupil.
The following parties will be invited to a meeting of the governing board and allowed to make representations or share information:
Governing board meetings can be held remotely at the request of parents. See section 9 for more details on remote access to meetings.
The governing board will try to arrange the meeting within the statutory time limits set out above and must try to have it at a time that suits all relevant parties. However, its decision will not be invalid simply on the grounds that it was not made within these time limits.
The Pupil Discipline Committee can either:
In reaching a decision, the Pupil Discipline Committee will consider:
They will decide whether or not a fact is true ‘on the balance of probabilities’.
The clerk will be present when the decision is made.
Minutes will be taken of the meeting, and a record kept of the evidence that was considered. The outcome will also be recorded on the pupil’s educational record, and copies of relevant papers will be kept with this record.
The Pupil Discipline Committee will notify, in writing, the following stakeholders of its decision, along with reasons for its decision, without delay:
Where an exclusion is permanent and the Pupil Discipline Committee has decided not to reinstate the pupil, the notification of decision will also include the following:
6. Independent review
If parents apply for an independent review within the legal timeframe, the LA will arrange for an independent panel to review the decision of the governing board not to reinstate a permanently excluded pupil.
Applications for an independent review must be made within 15 school days of notice being given to the parents by the Pupil Discipline Committee of its decision to not reinstate the pupil or, if after this time, within 15 school days of the final determination of a claim of discrimination under the Equality Act 2010 regarding the permanent exclusion.
A panel of 3 or 5 members will be constituted with representatives from each of the categories below. Where a 5-member panel is constituted, 2 members will come from the school governor category and 2 members will come from the headteacher category. At all times during the review process there must be the required representation on the panel.
A person may not serve as a member of a review panel if they:
The panel must consider the interests and circumstances of the pupil, including the circumstances in which the pupil was permanently excluded, and have regard to the interests of other pupils and people working at the school.
Taking into account the pupil’s age and understanding, the pupil or their parents will be made aware of their right to attend and participate in the review meeting and the pupil should be enabled to make representations on their own behalf, should they desire to.
Where a SEN expert is present, the panel must seek and have regard to the SEN expert’s view of how SEN may be relevant to the pupil’s permanent exclusion.
Where a social worker is present, the panel must have regard to any representation made by the social worker of how the pupil’s experiences, needs, safeguarding risks and/or welfare may be relevant to the pupil’s permanent exclusion.
Where a VSH is present, the panel must have regard to any representation made by the social worker of how any of the child's background, education and safeguarding needs were considered by the headteacher in the lead up to the permanent exclusion, or are relevant to the pupil’s permanent exclusion.
Following its review, the independent panel will decide to do 1 of the following:
New evidence may be presented, though the school cannot introduce new reasons for the permanent exclusion or the decision not to reinstate. The panel must disregard any new reasons that are introduced.
In deciding whether the decision was flawed, and therefore whether to quash the decision not to reinstate, the panel must only take account of the evidence that was available to the governing board at the time of making its decision. This includes any evidence that the panel considers would, or should, have been available to the governing board and that it ought to have considered if it had been acting reasonably.
If evidence is presented that the panel considers it is unreasonable to expect the governing board to have been aware of at the time of its decision, the panel can take account of the evidence when deciding whether to recommend that the governing board reconsider reinstatement.
The panel’s decision can be decided by a majority vote. In the case of a tied decision, the chair has the casting vote.
Once the panel has reached its decision, the panel will notify all parties in writing without delay.
This notification will include:
7. School registers
A pupil's name will be removed from the school admission register if:
Where an application for an independent review has been made within 15 school days, the governing board will wait until that review has concluded before removing a pupil’s name from the register.
While the pupil’s name remains on the school’s admission register, the pupil’s attendance will still be recorded appropriately. Where alternative provision has been made for an excluded pupil and they attend it, code B (education off-site) or code D (dual registration) will be used on the attendance register.
Where excluded pupils are not attending alternative provision, code E (absent) will be used.
Where a pupil’s name is to be removed from the school admissions register because of a permanent exclusion, the school will make a return to the LA. The return will include:
This return must be made as soon as the grounds for removal is met and no later than the removal of the pupil’s name.
8. Returning from a suspension
Following suspension, the school will put in place a strategy involving a range of support measures to help the pupil reintegrate successfully into school life and full-time education will be implemented.
It is important to remember this will be personalised for each individual pupil depending on their level of need at the time and the reason for the Suspension.
The following measures may be implemented, as part of the strategy, to ensure a successful reintegration into school life:
The school will explain the reintegration strategy to the pupil in a reintegration meeting before the pupil’s return to school. During the meeting the school will communicate to the pupil that they are getting a fresh start and that they are a valued member of the school community.
The pupil, parents/carers, a member of senior staff, and any other relevant staff will be invited to attend the meeting.
The meeting can proceed without the parents/carers in the event that they cannot or do not attend.
The school expects all returning pupils and their parents/carers to attend their reintegration meeting, but pupils who do not attend will not be prevented from returning to the classroom.
9. Remote access to meetings
Parents can request that a governing board meeting, or independent review panel be held remotely. If the parents don’t express a preference, the meeting will be held in person.
In case of extraordinary or unforeseen circumstances, which mean it is not reasonably practicable for the meeting to be held in person, the meeting will be held remotely.
Remotely accessed meetings are subject to the same procedural requirements as in-person meetings.
The governing board LA should make sure that the following conditions are met before agreeing to let a meeting proceed remotely:
Social workers and the VSH always have the option of joining remotely, whether the meeting is being held in person or not, as long as they can meet the conditions for remote access listed above.
The meeting will be rearranged to an in-person meeting without delay if technical issues arise that can’t be reasonably resolved and:
10. Monitoring arrangements
The school will collect data on the following:
The data will be analysed every term by the Headteacher and Senior Leader with responsibility for Attendance who will report to the governing board
The data will be analysed from a variety of perspectives including:
The school will use the results of this analysis to make sure it is meeting its duties under the Equality Act 2010. If any patterns or disparities between groups of pupils are identified by this analysis, the school will review its policies in order to tackle it.
This policy will be reviewed by the Headteacher every year. At every review, the policy will be approved by the governing board
11. Links with other policies
This Exclusions Policy is linked to our:
Appendix 1: independent review panel training
The LA must make sure that all members of an independent review panel and clerks have received training within the 2 years prior to the date of the review.
Training must have covered:
Reviewed: Autumn 2023
Next Review: Autumn 2024