The Department for Education has updated its document, ‘Exclusion Guidance from maintained schools Academies and Pupil Referral Units 2012’ following a consultation. The new Guidance comes into effect from September 2017.
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The legislation governing the exclusion process remains unchanged.
The updated Guidance makes explicit the following:
Extending/converting an exclusion
- The guidance now clarifies that fixed-period exclusions cannot automatically be extended or ‘converted’ in to a permanent exclusion (paragraph 3). In exceptional circumstances, where new evidence or information has come to light, it may be appropriate to issue a further fixed-period exclusion or issue a permanent exclusion (both immediately after the original exclusion). This is not a change. The guidance is seeking to remind schools that the conversion is a fresh decision and needs to be treated as such in terms of process, with parents informed without delay and a new exclusions notice issued.
Cumulative exclusions and Day 6 Provision
- Where a child receives consecutive fixed-period exclusions, these are regarded as a cumulative period of exclusion for the purposes of this duty. This means that if a child has more than five consecutive school days of exclusion, then education must be arranged for the sixth school day of exclusion, regardless of whether this is as a result of one fixed-period or more than one fixed-period exclusion.
Students with Educational Health Care Plans
- A reminder that where a student has an Education Health Care Plan the Local Authority may need to review the plan or reassess the child’s needs in consultation with parents with a view to identifying a new placement
- The new Guidance contains separate annexes for parents, head teachers and governing bodies
- Parents may now be given an exclusion notice electronically, if they have provided written consent for notice to be sent this way. However, it is good practice to give notification in person or by telephone in the first instance to allow for any initial questions or concerns.
Independent Review Panel
- The issuing of a clear letter in regards to the right to IRP is emphasised under the new guidance.
- There is greater emphasis that the exclusion decision to be reviewed at an IRP hearing is the decision of the governing board rather than that of the head teacher
- The guidance now states that Special Educational Needs ('SEN') expert advice can be provided in writing to the IRP or orally or both
Any pupil who was excluded before September 2017, and whose exclusion is still subject to review at this point, should be considered on the basis of the September 2012 guidance.