Exclusions: keeping you informed
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This document discusses school exclusions and provides guidance on the topic. It begins with an overview of the exclusions landscape and key documents related to exclusions. It then outlines prospective changes being made to exclusions policy, including recommendations from the Timpson Review. The exclusions process is explained as a multi-stage process involving the head teacher's decision, governing board review, and potential independent review panel. Finally, tips are provided to avoid common pitfalls in the exclusions process related to issues like SEND, documentation, and timelines.
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Exclusions: keeping you informed
- 1. Join the conversation @brownejacobsonJoin the conversation @brownejacobson Exclusions from schools
- 2. Join the conversation @brownejacobsonJoin the conversation @brownejacobson Hayley O’Sullivan, Senior Associate hayley.o’sullivan@brownejacobson.com +44 (0)121 237 3994 Exclusions from schools
- 3. Join the conversation @brownejacobsonJoin the conversation @brownejacobson Agenda • Exclusions Landscape • Prospective changes to policy and practice • The exclusions process • Top tips to avoid common pitfalls
- 4. Join the conversation @brownejacobsonJoin the conversation @brownejacobson Exclusions Landscape
- 5. Join the conversation @brownejacobsonJoin the conversation @brownejacobson Key Documents • Exclusion from Maintained Schools, Academies and Pupil Referral Units in England 2017 - Statutory guidance • School policies including behaviour, discipline, SEN and anti-bullying • ‘Sexual violence and Sexual harassment between children in Schools and College’ Advice from DfE
- 6. Join the conversation @brownejacobsonJoin the conversation @brownejacobson Key Documents • DfE guidance on behaviour, Searching and screening etc. • Technical Guidance for Schools in England, Equality and Human Rights Commission
- 7. Join the conversation @brownejacobsonJoin the conversation @brownejacobson Some statistics…2017/18 Rate of permanent exclusions has increased from 0.07% of pupils in 2010/11 to 0.10% in 2017/18
- 8. Join the conversation @brownejacobsonJoin the conversation @brownejacobson Prospective changes to exclusions policy and practice
- 9. Join the conversation @brownejacobsonJoin the conversation @brownejacobson The Headlines ‘Broken’ school exclusion system linked to knife crime surge
- 10. Join the conversation @brownejacobsonJoin the conversation @brownejacobson Timpson Review “Schools must be calm and safe environments and it is right that we support head teachers to establish strong school behaviour cultures, including by making use of exclusion where appropriate.”
- 11. Join the conversation @brownejacobsonJoin the conversation @brownejacobson 1. Increased and targeted funding 2. Alternative provision as a ‘first resort’ 3. Schools to be held accountable 4. ‘Right to return’ for home- schooled children 5. Ofsted to focus on use of exclusion 6. New guidance on managed moves 7. Focus on collaboration Timpson’s Recommendations
- 12. Join the conversation @brownejacobsonJoin the conversation @brownejacobson “The Department is taking forward an ambitious programme of reform which will respect head teachers’ powers to use exclusion, while equipping schools to support children at risk of exclusion and ensuring excluded children continue to receive a good education.” What progress has been made?
- 13. Join the conversation @brownejacobsonJoin the conversation @brownejacobson “As part of this, the Department will re-write guidance on exclusions and behaviour to offer clearer, more consistent guidance to schools on managing behaviour, the use of in-school units, managed moves and the circumstances where it may be appropriate to use exclusion…” What progress has been made?
- 14. Join the conversation @brownejacobsonJoin the conversation @brownejacobson “The Department is engaging with stakeholders including schools and local authorities on this ambitious programme of action, and it will publish guidance by summer 2020.” Nick Gibb, Minister of State for Schools 1 October 2019 What progress has been made?
- 15. Join the conversation @brownejacobsonJoin the conversation @brownejacobson Exclusions Process
- 16. Join the conversation @brownejacobsonJoin the conversation @brownejacobson Types of exclusions • Fixed • Permanent ‘in response to a serious breach or persistent breaches of behaviour policy and where allowing the pupil to remain in school would seriously harm the education or welfare of the pupil or others in the school’
- 17. Join the conversation @brownejacobsonJoin the conversation @brownejacobson Exclusions Process (3-4 stages) HT’s decision GB’s review Independent Review Panel
- 18. Join the conversation @brownejacobsonJoin the conversation @brownejacobson Top tips
- 19. Join the conversation @brownejacobsonJoin the conversation @brownejacobson • Issuing a PEX after a FTE • Principal’s letter needs to set out reasons for decision • Principal can withdraw exclusion before governors meet • Timescales Top tips to avoid common pitfalls
- 20. Join the conversation @brownejacobsonJoin the conversation @brownejacobson • Behaviour and SEND Policies are key • Governors’ role is fundamental • Getting documentation right • SEND complexities Top tips to avoid common pitfalls
- 21. Join the conversation @brownejacobsonJoin the conversation @brownejacobson Disability/SEN • Was the decision to exclude because of behaviour linked to disability (e.g. autism). If so, was the decision proportionate? • Did the school put in reasonable adjustments for the child – for example support to assist with the disability, but also adjustments to policies?
- 22. Join the conversation @brownejacobsonJoin the conversation @brownejacobson Disability/SEN • Did the school follow the SEN Code of Practice and its own SEND policy? (assess, plan, do, review)
- 23. Join the conversation @brownejacobsonJoin the conversation @brownejacobson Finances • The only costs which can be lawfully taken from Academies: – pupil funding (if academy has entered into agreement with the LA) – £4,000 fine may be made (if IRP order this) • No other LA charge is permitted
- 24. Join the conversation @brownejacobsonJoin the conversation @brownejacobson Prepare for Change • Self-assess school operations around behaviour and exclusions - check policies • Ensure senior leaders and governing boards receive appropriate training • Engage with other schools, external agencies and the LA • Review the school’s current approach to AP
- 25. Join the conversation @brownejacobsonJoin the conversation @brownejacobson Questions? Please note The information contained in these notes is based on the position at October 2019. It does, of course, only represent a summary of the subject matter covered and is not intended to be a substitute for detailed advice. If you would like to discuss any of the matters covered in further detail, our team would be happy to do so.
- 26. Join the conversation @brownejacobsonJoin the conversation @brownejacobson Hayley O’Sullivan, Senior Associate hayley.o’sullivan@brownejacobson.com +44 (0)121 237 3994 Exclusions from schools
Hinweis der Redaktion
- Introduce – 8 years experience advising schools – training, clerking, representation, ad hoc advice, tribunals on disability discrimination etc.
- Ambitious in coverage – want you to take away some best practice points to improve how you manage and handle exclusions – and to be ready for prospective changes coming in.
- 44 PEX and 2,282 FTE every day – increases from 2016/17 Increase in PEX for physical assaults against adults +13%, bullying +28% and drugs/alcohol +13% Persistent disruptive behaviour most common cause but PEX for this reason have fallen for the first time in five years, second physical assault on a pupil Boys nearly 3x more likely to be PEX than girls, FSM 4x more likely, SEN support and EHCP 5x more likely 640 requests for an IRP. 599 were heard. 60% upheld. 79 offers of re-instatement (13% of those heard)
- Lots of sensationalised headlines depending what paper you read. Timpson’s recommendations received cross-party support – unlikely that even a change of government will take us widely off-track.
- Published May 2019 Read our briefing which looks at anticipated changes There is no optimum rate or number of exclusions. A higher exclusion rate may be a sign of effective leadership in one school, and in others a lower exclusion rate may reflect strong early intervention strategies that have been put in place. Conversely higher rates could demonstrate lack of early interventions, lower could indicate proper processes not being followed. Expects governing boards to have a greater role in supporting and challenging senior leaders over exclusions and reviewing information on children excluded from their schools
- - Refer to briefing
- The Governing Board can: uphold the Principal’s decision to exclude and decline to reinstate or direct reinstatement of the pupil (immediately or on a particular date) This is on the basis of whether the decision to exclude the pupil was lawful, reasonable and procedurally fair, taking account of the head teacher’s legal duties and any evidence presented. IRP power to: uphold the GB decision recommend that the decision is reconsidered or quash the decision and direct that the GB reconsider the matter
- 1. Fresh decision – consider wording of letter – excluded pending further investigation, could lead to decision to PEX. Do we need to FTE? Isolation instead? 2. Clear – one-off or persistent breaches? One decision quashed as lots of irrelevant information provided 3. Home educated – nb careful of off-rolling 4. Timescales – from 6th day of FTE school responsible for arranging AP. Refer to timescales sheet to meet
- 5. Exclusions policy – is it required? Behaviour off-site. Be clear when school is able to sanction – DfE guidance para 25. Subject to the behaviour policy, teachers may discipline pupils for: misbehaviour when the pupil is: taking part in any school-organised or school-related activity or travelling to or from school or wearing school uniform or in some other way identifiable as a pupil at the school. or misbehaviour at any time, whether or not the conditions above apply, that: could have repercussions for the orderly running of the school or poses a threat to another pupil or member of the public or could adversely affect the reputation of the school. 6. Training needs 7. paginated, includes everything relevant, circulated in advance to all parties
- Inperfect system at breaking point. More and more complex SEND in mainstream schools Often unsuitable settings. Schools need to do all they can to support. Bear in mind equality considerations
- Refer to briefing