Exclusion Policy

Aims

The aims of this policy are to ensure:

1. The exclusion process is understood by all stakeholders: the Governing Body, staff, parents and students;
2. The exclusion process is applied fairly and consistently.

Legislation and statutory guidance

1. This policy is based on statutory guidance from the Department for Education in Exclusion from maintained schools, academies and pupil referral units (PRUs) in England 2017 [1].
2. Statutory guidance states ‘When establishing the facts in relation to an exclusion decision the Headteacher must apply the civil standard of proof; i.e. ‘on the balance of probabilities’ it is more likely than not that a fact is true, rather than the criminal standard of ‘beyond reasonable doubt.’’
3. Under the Equality Act 2010, schools must not discriminate against, harass or victimise students because of: sex; race; disability; religion or belief; sexual orientation; pregnancy/maternity; or gender reassignment. For disabled students, this includes a duty to make reasonable adjustments to policies and practices and the provision of auxiliary aids.

Definitions

1. For the purposes of exclusions, a ‘school day’ is defined as any day on which there is a school session. Therefore, INSET or staff training days do not count as a school day.
2. ‘Fixed term exclusion’ – applies to a fixed period of time, up to 5 days.
3. ‘Permanent exclusion’ – applies to students who cannot return to school.

The decision to exclude

1. Following an incident, the Deputy Headteacher – Pastoral will co-ordinate a formal investigation. The findings of the investigation and all necessary documentation will be provided to the Headteacher, or Acting Headteacher, or a Deputy Headteacher acting in the absence of the Headteacher if the Headteacher is not available.
2. Only the Headteacher, or Acting Headteacher, or a Deputy Headteacher acting in the absence of the Headteacher, can exclude a student from School.
3. The School is aware that off-rolling is unlawful. OfSTED explains off-rolling as:
   1. “…the practice of removing a pupil from the school roll without a formal, permanent exclusion or by encouraging a parent to remove their child from the school roll, when the removal is primarily in the interests of the school rather than in the best interests of the pupil.”
4. The Headteacher is committed to following all statutory exclusion procedures to ensure that every student receives an education in a safe and caring environment as set out in Section 3 of Exclusion from maintained schools, academies and pupil referral units (PRUs) in England. [2]

Roles and responsibilities

The Headteacher, or Acting Headteacher, or a Deputy Headteacher acting in the absence of the Headteacher

1. Informing parents
   1. The Headteacher will ensure that parents/carers are informed of the exclusion in line with the statutory guidance as set out in Section 4 of Exclusion from maintained schools, academies and pupil referral units (PRUs) in England. [3]

1. Informing the Governing Body and Local Authority
   1. The Headteacher will inform the Governing Body and Local Authority in line with the statutory guidance set out in Section 4 of Exclusion from maintained schools, academies and pupil referral units (PRUs) in England. [4]

The Governing Body

1. The Governing Body is committed to following all statutory exclusion procedures to ensure that every student receives an education in a safe and caring environment as set out in Section 5 and Section 6 of Exclusion from maintained schools, academies and pupil referral units (PRUs) in England. [5]

The Local Authority

1. For permanent exclusions, the Local Authority is responsible for arranging suitable full-time education to begin no later than the sixth day of the exclusion.

Considering the reinstatement of a student

1. The Governing Body will consider the reinstatement of a student in line with the statutory guidance as set out in Section 6 of Exclusion from maintained schools, academies and pupil referral units (PRUs) in England. [6]

An independent review

1. If parents apply for an independent review, the Governing Body will arrange for an independent panel to review the decision of the Governing Body not to reinstate a permanently excluded student.
2. All independent reviews will follow the statutory exclusion procedures in relation to independent reviews as set out in Section 8 and Section 9 of Exclusion from maintained schools, academies and pupil referral units (PRUs) in England. [7]

School registers

1. The Governing Body will adhere to the statutory exclusion procedures in relation to School registers as set out in Section 7 of Exclusion from maintained schools, academies and pupil referral units (PRUs) in England. [8]

Returning from a fixed-term exclusion

1. Following a fixed-term exclusion, a re-integration meeting will be held involving the student, Headteacher and Deputy Headteacher – Pastoral. Other staff may be asked to attend where appropriate. Parents may attend if they wish to.
2. Following a fixed-term exclusion, the School may decide to implement support mechanisms to assist the reintegration of the student back into school life. This may take the form of:
   1. Agreeing a behaviour contract;
   2. Using a Progress Support Booklet;
   3. Restorative meetings and restorative conversations.

Monitoring arrangements

1. The Personal Assistant to the Headteacher monitors the number of exclusions every term and reports back to the Deputy Headteacher – Pastoral. The information forms part of the School’s reporting to the Pastoral and Community Committee.

Links with other policies

This exclusions policy is linked to the following policies:

1. Behaviour for Learning;
2. Searching Students and Confiscation of Student Property;
3. Drugs and Alcohol;
4. SEND;
5. Equal Opportunities.

Ownership and Date of next review

1. Policy owned by: Pastoral and Community committee.
2. Last reviewed and approved on 5 February 2020
3. Next review due: February 2021