Exclusions Guidance

The Department has drawn up detailed guidance on Exclusion from Schools and Pupil Referral Units containing information on when and how exclusion should be implemented, and procedures for appeals against exclusion. The guidance can be seen in full on the Teachernet website and it includes model letters for handling different stages of exclusion procedures. Hard copies are available from DCSF Publications, PO Box 5050 Sherwood Park, Annesley, Nottingham NG15 0DJ  Tel: 0845 60 222 60, Fax: 0845 6033360, Textphone 0845 60 555 60 Please quote ref: 00573-2008DOM-EN.

Schools working in partnerships to improve behaviour and tackle persistent truancy

We are encouraging all secondary schools to be working in partnerships to improve behaviour and attendance by September 2007 with funding devolved from the local authority to enable the partnership to commission a range of support and provision for pupils with challenging behaviour or attendance - evidence from partnerships already working in this way shows significant reductions in exclusions.  On 5 September 2005 the Department issued guidance on schools collaborating to improve behaviour and attendance.  This covers setting up collaborative partnerships, outcomes, design principles, the local authority’s role, funding and collaboration on education out-of-school. 

Guidance on unofficial exclusion

The latest exclusions guidance makes it clear that removing pupils from school for disciplinary reasons, without following formal procedures, is illegal. Guidance is now available for LEAs and schools on managing and reducing unofficial exclusions.

Independent Appeal Panels

In the case of permanent exclusions where the head teacher's decision to exclude has been upheld by the governing body, the parents have a right of appeal to an independent appeal panel. Following a report published by the Council on Tribunals into the operation of Independent Appeal Panels (IAPs), we have produced a note highlighting good practice and procedural issues concerning IAPs. The Council’s report was quite critical of the way that some IAPs were run, and in discussions with the Council and EASI Group, we have come up with a list of ‘Top Tips’ that can be used as a best practice guide when organising a panel. Please click here for the 'Top Tips'. In the 'Top Tips' we have recommended that it is good practice for Local Authorities to produce a Parents' Guide about the appeal process. Please click here for an example of such a booklet.

Changes to the exclusion guidance for PRUs coming into force on 01 April 2008

Regulations require local authorities to establish management committees for their PRUs from 1 February 2008 and impose new statutory duties on management committees. Unless otherwise stated therefore, references to governing bodies in this guidance also apply to statutory management committees, and any references to head teachers should also be taken to apply to teachers in charge of PRUs. They also apply to maintained nursery schools. They do not apply to independent schools, city technology colleges, city colleges for the technology of the arts or sixth form colleges, which have separate exclusion procedures. Academies, by virtue of their funding agreements, must have exclusion procedures which are consistent with those set out in this guidance. This means that the procedures followed by Academies should not depart significantly from those in this guidance without good reason. The requirement for schools and local authorities to arrange provision for excluded pupils from the sixth day of exclusion does apply to pupils excluded from Academies, city technology colleges and city colleges for the technology of the arts as such schools are defined as 'relevant schools' in section 111 of the Education and Inspections Act 2006. Likewise, the requirement for the head teacher (or principal) to arrange reintegration interviews also applies in respect of those schools.

Pupil Referral Units – New Duties for Teachers in Charge and Management Committees

This guidance has also been revised to reflect the introduction of statutory management committees from 1 February 2008 and the implementation of the Education (Pupil Exclusions and Appeals) (Pupil Referral Units) (England) Regulations 2008, which come into force on 1 April 2008.  The regulations impose similar duties on management committees in regard to exclusions from PRUs to those which apply to the governing bodies of mainstream schools, mainly in relation to reviewing decisions to exclude pupils.  There are also some changes for teachers in charge in regard to whom they have to inform about exclusions.

The main changes under the new PRU exclusions regulations are:

• Teachers in Charge of PRUs

Fixed Period Exclusions: The teacher in charge must inform the management committee as well as the LA where they exclude a pupil for a fixed period in circumstances where: the pupil would be excluded for a total of more than 5 school days in any one term, or  would lose an opportunity to take any public examination.

Permanent Exclusions: The teacher in charge must inform the management committee as well as the parents/carers and LA (including the pupil’s home LA where the pupil lives outside the LA in which the PRU is located) if they exclude a pupil permanently or decide that a fixed period exclusion should be made permanent.

• Management Committees of PRUs

The management committee must review any decision by the teacher in charge of a PRU to exclude a pupil where: the exclusion is a permanent one; the exclusion was for a fixed period but has been made permanent.

As a result of the exclusion, the pupil would:  be excluded for a total of more than 15 school days in any one term; lose an opportunity to take a public examination; or the pupil would be excluded for a total of more than 5 school days in any one term and the parent/carer wishes to make representations about that exclusion.

However, there are other changes which LAs, management committees and teachers in charge of PRUs should be aware of, and we encourage them to read this revised guidance throughout.  The guidance specifies which parts do not apply to PRUs, management committees and/or teachers in charge; unless so specified, the guidance should be taken as applying to them just as it does to maintained schools, governing bodies and head teachers. For example, there are differences in the guidance to maintained schools and PRUs on the requirement to provide education from the sixth day of an exclusion.

The online version of the guidance on Teachernet is the same as the printed text of the guidance Net, except that:

• The online version has an additional final part (Part 8) on the statutory arrangements for funding to follow permanently excluded pupils to the new education provider.
• The online version takes into account the changes in the legislation for Pupils Referral Units that came into force on 01 April 2008.
• The online version clarifies the status of Academies and of exclusion of pupils above and below compulsory school age.