A fixed term exclusion means that your child cannot attend school for a set number of days.
Who can exclude a pupil?
Only the headteacher (or acting headteacher in the headteacher’s absence) of a school can exclude a pupil and this must be on disciplinary grounds. All schools must have a published behaviour policy on the school website setting out the school rules.
How should I be informed?
Initially by telephone or in person and followed by a letter which should be sent to you without delay.
What should I be told in the letter?
You should be told the reason for the exclusion, the number of days issued together with the dates of the exclusion. If the information is not clear you can ask for more information. In addition to this information please see below.
For the first five school days of an exclusion you are responsible and have a duty to make sure that your child, if he or she is of compulsory school age, is not found in a public place during school hours, without a good reason otherwise you may be given a fixed penalty notice (fine) or be prosecuted. The headteacher must notify you of the first five school days on which this duty applies and although your child is not allowed in school, the headteacher should take reasonable steps to set and mark work for your child during this period. If you do not receive any work, you should contact the school directly and ask for some.
If your child has been excluded for more than five school days in a single exclusion or your child has received consecutive fixed term exclusions that total more than five school days, the school has a duty to arrange suitable full-time education for your child from the sixth school day until the end of the exclusion. Information should include the start/finish dates, the address at which the education will be provided and the contact details of the education provider. You should also be informed of your right to make representations about the exclusion to the governing boards disciplinary committee and who to contact.
Can I see my child's educational records?
Yes, if your child attends a maintained school. If your child attends an academy the rules differ so, please read further information on the ICO website.
What happens during the exclusion process?
If your child’s exclusion is less than five school days, the governing board must consider any views you put forward (representations) but it cannot direct reinstatement and is not required to arrange a meeting with you. Once the exclusion has been considered, the governing board may add notes to your child’s records if it feels the exclusion was not justified.
If the exclusion takes your child’s total number of days of exclusion over five but less than fifteen in a term, the governing board’s disciplinary committee is required to meet within fifty school days but only if you request it to do so.
If the exclusion takes your child’s total number of days of exclusion above fifteen in a term, the governing board’s disciplinary committee must meet within fifteen school days. This meeting should be arranged for a date and time that is convenient to all parties and where relevant, the committee should make reasonable adjustments (e.g. due to a parent/pupil’s disability), to support the attendance and contribution of all at the meeting but within the relevant statutory time limits.
If the exclusion takes place when your child is due to take a public examination(s) or National Curriculum test(s) the governing board must, so far as is reasonably practicable, consider the exclusion before the date of the examination or test. If it is not practicable for enough governors to consider the decision before the examination or test, the chair of governors, in the case of a maintained school may consider the exclusion alone and decide whether or not to reinstate your child. In the case of an academy the exclusion may be considered by a smaller sun-committee if the trust’s articles of association allow them to do so. These are the only circumstances in which the chair can review an exclusion alone. In such cases you still retain your right to make representations to the governing board and must be made aware of this right.
Whilst there is no automatic right for an excluded pupil to take an examination or test on the excluding school’s premises, the governing board should consider whether it would be appropriate to exercise its discretion to allow an excluded pupil on to the premises for the sole purpose of taking an examination or test.
When should I contact the governing board to put my view forward?
As soon as possible.
Who is invited to the disciplinary hearing?
Parent or Carers (and, where requested, a friend or representative). You may also wish to bring your child.
The headteacher,unless he or she is absent in which case an acting headteacher will be there.
A representative of the Local Authority (maintained schools).
Academies - Parents may request that a representative of the Local Authority and/or the home Local Authority attend a meeting of the academy’s governing board as an observer. In this instance the Local Authority representative can only make representations with the governing board’s consent.
How will I learn of the disciplinary committee's decision?
In writing. The reasons for its decision should be set out clearly to enable all parties to understand why the decision was made.
What if I disagree with the disciplinary committee's decision?
There is no further appeal against a fixed term exclusion.
For further advice and information please contact:
Behaviour and Exclusions Coordinator
PO BOX 290 Brighton Street, Wallasey CH27 9FQ
Telephone 0151 666 4388 (direct Line)
If your child has special educational needs, you may receive support from Wirral SEND Partnership on 0151 522 7990.