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Fixed and Permanent Exclusions

Exclusions are something that is used within schools as part of their behaviour policy.

There are two different types of exclusion:

1. Fixed term meaning your child will not be allowed into their school for a fixed period of time.
2. Permanent meaning your child will not be allowed to return to their school.

The head can exclude any pupil, even if they have SEN or a disability. However, if disruptive behaviour is related to a child's SEN or disability, the school should first take action to identify and address the underlying cause of the behaviour. For example, the school could increase SEN support or pastoral support; seek specialist advice from services, such as behaviour and educational psychology teams; request an EHC needs assessment; or arrange an emergency review of an EHC plan.

A head teacher could lawfully exclude a child for:

  • Repeated failure to follow academic instruction;
  • Failure to complete a behavioural sanction, e.g. a detention (a decision to change the sanction to exclusion would not automatically be unlawful);
  • Repeated and persistent breaches of the school’s behavioural policy. Even if the offence that has immediately led to the exclusion would not have normally constituted a serious enough breach on its own, a child can still be excluded if it is part of wider pattern of behaviour.

What if my child has an EHCP?

If your child has an EHCP, then if the school feels that they are at risk of permanent exclusion, they should consider holding an emergency review.  If your child has been excluded, then they will need to hold an emergency EHCP review.

If another school or setting is being sought, then they have to be consulted to see if they can meet the needs as described in the EHCP.

What is a fixed term exclusion?

A fixed term exclusion is an exclusion from school for a fixed number of days. The school will notify you of the exclusion without delay (usually by way of a telephone call). They will also advise you of the reason for the exclusion and the number of days it will last.

For recording purposes, a lunchtime exclusion is classed as a half-day fixed term exclusion. If your
child is entitled to free school meals, the school should make arrangements for this (for example
provide a packed lunch).

My child has been given a fixed term exclusion—what happens now?

The school must send you a letter without delay outlining:

  • Reason for exclusion
  • Length of exclusion
  • Details of how you can make representations to the governors, including how your child can be
    involved.

How do I express my views about an exclusion?
You have the right to express your views about an exclusion to the school’s governing body. This is called making representations.  You can make representations by writing to the chair of the governing body at the school’s address.

What happens during an exclusion?
As a parent or carer, you are responsible for supervising and ensuring your child is not present in a public place for the first 5 days of the exclusion (even if you are supervising your child). You may be issued with a penalty notice or prosecuted, if your child is found in a public place during school hours without a justifiable reason (even if they are with you). The school will set work to be completed during the initial five days of the exclusion. If the fixed term exclusion is for more that 5 school days, and your child is of compulsory school age, the school must provide alternative suitable education for your child from day 6 of the exclusion. If you have any questions or concerns, contact your child’s school directly.

What happens after a fixed term exclusion?
Your child’s school will have a strategy for reintegrating pupils on their return to school following a fixed term exclusion. The school might ask you to attend a reintegration meeting to discuss any future support for your child. If a reintegration meeting has been offered to you, it is important you (and if appropriate your child) attend the meeting so that you and the school can work together in  he best interests of your child. You may be asked to sign a parenting contract to formalise any future support for your child.

What is a permanent exclusion?

A permanent exclusion means that the headteacher has decided that your child will not be allowed
back into the school.

My child has been permanently excluded from school—what happens now?

The school must notify you of the exclusion without delay. They will usually contact you initially by telephone and then formally by letter. The letter must give:

  • Enough information so you understand the reason for the exclusion
  • Advice about your rights
  • Information about who will contact you to discuss you child’s future education.


As a parent or carer, you are responsible for supervising and ensuring that your child is not present in a public place for the first 5 days of the exclusion. You may be issued with a penalty notice or prosecuted, if your child is found in a public place during school hours without a justifiable reason. The headteacher will advise the local authority of your child’s permanent exclusion. The local  authority is responsible for providing education from day 6 of the permanent exclusion. This education should be full-time and appropriate to your child’s needs.

Within Kirklees, this service (called "Day 6 Provision") is provided by Ethos Academy Trust.  More information about their services can be found on the Ethos website (opens new page)

You will be invited to a governors meeting (often called a proprietor or governor disciplinary decision making group (DMG) hearing). This hearing will take place within 15 school days of the permanent exclusion. This decision making group (DMG) meeting will give you and your child the chance to have your views heard. The decision making group (DMG) meeting is usually attended by three governors, the headteacher and a representative from the local authority. You may take your own support to the meeting, which may be a friend or relative or even your
solicitor.

What decisions can school governors make?
Governors can either agree (uphold) the headteacher’s decision to permanently exclude your child or disagree (overturn) the exclusion. If they uphold the headteacher’s decision, the local authority will still be responsible for providing ongoing education for your child. If the governors overturn the exclusion, your child will be allowed back into their school.

Governors will let you know their decision in writing (usually within two school days). If they uphold the headteacher’s decision, their letter will include details of your right to request an Independent Review Hearing.

My child’s permanent exclusion has been upheld—how can I have the decision reviewed?
You can make a request to the Independent Review decision making group (DMG). A meeting will be arranged and you and your child will be invited to the hearing. Also present at the hearing will be the school and a representative from the local authority. An SEN (special educational needs) expert, can also attend the hearing if you so wish, even if the school do not recognise your child as having additional needs. The role of the SEN expert is to provide impartial advice to the decision making group (DMG) members on how special educational needs might be relevant to the exclusion. The SEN expert cannot make an assessment of any special needs that your child may have. If you make a request for an Independent Review decision making group (DMG) hearing and would like an SEN expert to attend, you must make this clear when making your request. The Independent Review decision making group (DMG) will give everyone the opportunity to have their views heard.
The Independent Review decision making group (DMG) will meet within 15 school days of your request being received.

The decision making group (DMG)is usually made up of three people:

  • Chair—this will be someone who hasn’t worked in a school in any paid role (a lay member)
  • Governor—this will be someone who has been a school governor (this will not be a governor from the school your child was excluded from).
  • Headteacher— again this will be someone who has had no connection with the school your child was excluded from.


What happens after the Independent Review decision making group (DMG) meeting?
The Independent Review decision making group (DMG) can make one of three decisions:

  • uphold the permanent exclusion
  • recommend that the school governing body reconsider their decision
  • quash the school governors decision and direct the school governing body considers the exclusion again.

Note: The Independent Review decision making group (DMG) cannot direct the school to reinstate your child. You will be advised of the Independent Review decision making groups (DMG) decision by letter.

How will my child get back into another school?
An officer from the local authority will work with you and your child to ensure that your views are
heard regarding their future education.

More information about permanent exclusions in Kirklees can be found on the Ethos Academy Trust (EAT) website  (opens in a new window).  In Kirklees, permanent exclusions are managed by EAT.

About the Kirklees Fair Access Protocols

Each local authority must have a Fair Access Protocol, agreed with the majority of schools in its area to ensure that outside the normal admissions round unplaced children, especially the most vulnerable, are offered a place at a suitable school as quickly as possible to minimise their time out of school. The protocol operates in a fair and transparent way and the system is underpinned by consistency, openness and honesty that has the confidence of schools, children, young people and parents/carers. As your child does not currently have a school place he/she will be placed by the Kirklees Fair Access decision making group (DMG) at another mainstream school Kirklees.

You do need to be aware that it may be that the allocated mainstream school may feel that an alternative provision should be considered for your child and that this will be discussed with yourself and the school if this is the case.

More information can be found in this guide from Ethos Academy Trust (opens PDF in new page)

Last updated: 29/09/2020

Useful links

Kirklees - Exclusion from a maintained school leaflet

Go to the kirklees infomation page here

Kirklees - Exclusion from an academy school leaflet

Go to the kirklees infomation page here

SEND and exclusions from schools - IPSEA

Go to the IPSEA website here

Child Law advice - exclusions

Exclusions