Suspensions & Permanent Exclusions

Suspensions and exclusions are something that is used within schools as part of their behaviour policy.

1. A Suspension mean your child will not be allowed into their school for a fixed period of time.
2. A Permanent Exclusion means your child will not be allowed to return to their school - Unless reinstated by the governors.

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

A head teacher could lawfully suspend or exclude a child for:

Repeated failure to follow academic instruction.
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.
If the school believe that allowing your child to remain would seriously harm the education or welfare of themselves or others.

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 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 suspension? (formerly known as "fixed term exclusions")

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

For recording purposes, a lunchtime exclusion is classed as a half-day suspension. 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 suspension —what happens now?

The school must send you a letter without delay outlining:

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

How do I express my views about a suspension?
You have the right to express your views about a suspension 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 a suspension?
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 suspension (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 suspension. If the suspension 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 suspension. If you have any questions or concerns, contact your child’s school directly.

What happens after a suspension?
Your child’s school will have a strategy for reintegrating pupils on their return to school following a suspension. 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, unless the school governors decide to reinstate them (allow them back into school) at the governors meeting.

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 Delta Academy Trust.

Delta Academy Trust website (opens link in new window)

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 decide to decline to reinstate (not allow the child back into school) or reinstate (allow your child to return to school on specific date). If they agree with the headteacher’s decision, the local authority will still be responsible for providing ongoing education for your child. If the governors don't agree with 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 agree with 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 agreed by the governors—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 SEND 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 SEND 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 SEND 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 SEND 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.

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 link in new window)

Next Kirklees virtual school for children and young people in care

Last updated: 29/09/2020

Useful links

Suspensions & Permanent Exclusions

Useful links

Kirklees - Exclusion from a maintained school leaflet

Kirklees - Exclusion from an academy school leaflet

SEND and exclusions from schools - IPSEA

Exclusions - Contact

Child Law advice - exclusions

KIAS

DfE - Suspensions & Permanent Exclusions guidance