- 020 8993 9053
- admin@agprimary.org.uk
We are committed to following all statutory exclusions procedures to make sure that every child receives an education in a safe and caring environment.
Our school aims to:
A note on off-rolling
‘Off-rolling’ is a form of gaming and occurs where a school decides, 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, encouraging their parent(s)/carer(s) to remove them from the school, 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’.
This policy is based on statutory guidance from the Department for Education (DfE): Suspension and permanent exclusion from maintained schools, academies and pupil referral units in England, including pupil movement.
It is based on the following legislation, which outlines schools’ powers to exclude pupils:
In addition, the policy is based on:
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 admission register. 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/carer – 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/carers and the admission authority for the new school, should consent before a managed move occurs.
4.1 The headteacher
Deciding whether to suspend or exclude
Only the headteacher, or acting headteacher, can suspend or permanently exclude a pupil from school on disciplinary grounds. 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 a pupil will be taken only:
Where suspensions have become a regular occurrence, the headteacher will consider whether suspensions alone are an effective sanction and whether additional strategies need to be put in place to address behaviour issues.
A decision to 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/carer 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.
Informing parents/carers
If a pupil is at risk of suspension or exclusion, the headteacher will inform the parents/carers 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/carers will be informed, in person or by telephone, of the period of the suspension or exclusion and the reason(s) for it, without delay.
The parents/carers will also be provided with the following information in writing, without delay:
If the pupil is of compulsory school age, the headteacher will also notify parents/carers 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’/carers’ consent.
If the headteacher cancels the suspension or permanent exclusion, they will notify the parents/carers without delay, and provide a reason for the cancellation.
Informing the governing board
The headteacher will, without delay, notify the governing board of:
Informing the local authority (LA)
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.
Informing the pupil’s social worker and/or virtual school head (VSH)
If a:
This is so they can 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.
Cancelling suspensions and permanent exclusions
The headteacher may cancel a suspension or permanent exclusion that has already begun, or one that has not yet begun, but only 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 exclusion
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. 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.
4.2 The governing board
Considering suspensions and permanent exclusions
The governing board has a duty to consider parents’/carers 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 and the LA 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.
Monitoring and analysing suspensions and exclusions data
The governing board will review, 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:
4.3 The local authority (LA)
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 looked after 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.
The Governing Board 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 Governing Board must consider any representations made by parents/carers. However, it is not required to arrange a meeting with parents/carers and it cannot direct the headteacher to reinstate the pupil.
Where the pupil has been suspended for more than 5, but not more than 15 school days, in a single term, and the parents/carers make representations to the board, The Governing Board will consider and decide on the reinstatement of a suspended pupil within 50 school days of receiving notice of the suspension. If the parents/carers 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 Governing Board 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:
The meeting can be held remotely at the request of parents/carers. 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 Governing Board can either:
The Governing Board can either:
In reaching a decision The Governing Board will consider:
They will decide whether or not a fact is true ‘on the balance of probabilities’.
The clerk/governance professional 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 Governing Board 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 The Governing Board has decided not to reinstate the pupil, the notification of decision will also include the following:
If parents/carers apply for an independent review within the legal timeframe, the LA will, at their own expense, 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/carers by The Governing Board 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. Any applications made outside of this timeframe will be rejected.
Independent reviews can be held remotely at the request of parents/carers. See section 9 for more details on remote access to meetings.
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.
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/carers 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 VSH 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:
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 (of an approved educational activity that does not involve the pupil being registered at any other school) has been made for an excluded pupil and they attend it, code B (education off-site) will be used on the attendance register. During off-site direction to another school or educational establishment, code D (dual registration) will be used.
Where excluded pupils are not attending alternative provision, code E (absent) will be used.
Making a return to the LA
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:
8.1 Reintegration strategy
Following suspension, or cancelled suspension or exclusion, the school will put in place a strategy to help the pupil reintegrate successfully into school life and full-time education.
Where necessary, the school will work with third-party organisations to identify whether the pupil has any unmet special educational and/or health needs.
The following measures may be implemented, as part of the strategy, to ensure a successful reintegration into school life for the pupil:
Part-time timetables will not be used as a tool to manage behaviour and, if used, will be put in place for the minimum time necessary.
The strategy will be regularly reviewed and adapted where necessary throughout the reintegration process in collaboration with the pupil, parents/carers and other relevant parties.
8.2 Reintegration meetings
The school will clearly explain the reintegration strategy to the pupil in a reintegration meeting before or on 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.
Parents/carers can request that a governing board meeting, or independent review panel be held remotely. If the parents/carers 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 and the 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:
The school will collect data on the following:
The data will be analysed every term by Matthew Swarbrick, DHT/DSL. Matthew Swarbrick will report back to Harsha Patel, HT, and 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 Matthew Swarbrick annually. At every review, the policy will be approved by the governing board.
This policy is linked to our: