This booklet does not apply to any POST 16 educational providers.
Children should only be excluded if:
- They have seriously broken the school’s Behaviour/Discipline Policy — you can ask school for a copy or look on the schools website
- It would seriously harm their education or welfare or that of others if they were to remain at school
Children can be excluded for their behaviour outside school
Children should not be excluded for:
- Having a disability or special education need (SEN) that the school feel they are unable to meet
- Not doing well with school work
- Their gender, race, religion, or becoming pregnant
- Parent’s behaviour
A fixed term exclusion cannot be lengthened or converted into a permanent exclusion.
You should not be asked to keep a child at home because:
- School cannot meet their special educational needs or disabilities
- There is an Ofsted inspection or exams
If a child has SEN, school should be checking they are having the right support to avoid exclusion.If they have an Education, Health and Care Plan (EHCP) an interim review should be held if they are at risk of being excluded.
Depending on what has happened the Head Teacher can exclude a child either for a fixed term or permanently. For the first 5 days they must not be in a public place during the school day.
Fixed term exclusion
This means that there is an exclusion for a certain number of days. The most a child or young person can be fixed term excluded in one school year is 45 days in total. If it happens again they may be permanently excluded.
For the first 5 days, work should be set and marked by school. From day 6 onwards the school has a duty to provide suitable full time education.
This is a more serious step for a head teacher/principle to take.
A child should only be permanently excluded for a one-off offence in very serious circumstances or after a number of fixed term exclusions when the school feels it has tried everything it can to keep a child in school.
For the first 5 days after the exclusion, school should send suitable work home. From day 6 onwards it is the Local Authority’s responsibility to provide suitable full time education. You have the right to be consulted and to say which school you would prefer them to attend.
What can you do if you do not agree?
You can put your case to the Governing Body of the school. For an exclusion of less than 5½ days they do not have to meet with you but must consider your views.
Independent Review Panel (IRP)
If the governors agree with the permanent exclusion, then you may ask for an IRP. The IRP may direct the Governors to look at their decision again. You can ask for a SEN expert to be at the IRP if you believe a child has SEN. They can give neutral advice at the panel meeting.
Norfolk SEND Partnership
If your child has been excluded from school and has special educational needs and/or disabilities and you would like further support contact us on 01603 704070.
Children’s Services Exclusion Helpline
provides independent advice and information for parents on education issues
Coram Children's Legal Centre
provides free legal advice and information to parents on education matters
Helpline: 0300 330 5485
If your child has been excluded from school and has special educational needs and/or disabilities,
please ring Norfolk SEND Partnership IASS on: 01603 704070