If your child is excluded form school you should be sent an information leaflet along with a letter from the Headteacher of your child’s school. The letter should provide enough information to ensure that you fully understand the reasons for the exclusion and that all relevant circumstances are known.

Fixed-term exclusion
Fixed-term exclusion means that your child has been excluded from school for a specified period, with a date given for his/her return to school. Headteachers may exclude a pupil for up to 45 school days in any school year.

The Learning Trust has detailed guidance and procedures relating to exclusions from maintained schools and these are available from the Exclusions Officers at Hackney Technology & Learning Centre, 1 Reading Lane, London E.8 1GQ

Only the Headteacher has the legal power to exclude your child, or exceptionally, the deputy Headteacher acting in the Headteacher’s absence, with his/her authority.

The law does not set out a list of incidents where a fixed term exclusion would or would not be an appropriate response as policies on behaviour in schools are primarily a matter for Headteachers and Governing Bodies to determine. However, in exercising their judgment in this difficult area, Headteachers have been advised that a decision to exclude a pupil should be taken only:

• In response to serious breaches of a school’s discipline policy
  
  
• If allowing the pupil to remain in school would seriously harm the education or welfare of the pupil or of others in the school.

In most cases a range of alternative strategies should also have been tried.

Exclusion should not be used for minor incidents such as failure to do homework or to bring dinner money; poor academic performance; lateness or truancy; pregnancy; breaching school uniform policy including hairstyle or wearing jewellery and punishing pupils for the behaviour of their parents.

All schools should have effective policies on behaviour which are known and understood by the staff at the school, the Governing Body, parents and pupils. The behaviour policy should make clear the boundaries of what is acceptable, the hierarchy of sanctions, arrangements for their consistent and fair application, and a linked system of rewards for good behaviour. The policy should also promote respect for others, intolerance of bullying and harassment, the importance of self-discipline and the difference between “right” and “wrong”.

Information from the school about the exclusion
If your child has been excluded from school for a fixed period, the Headteacher should notify you immediately, ideally by telephone and then followed by a letter. The exclusion will normally begin on the next school day. The letter will confirm the date and time that the exclusion begins and the date it will end. It will also explain:

• why the Headteacher decided to exclude your child (this should include details of the incident which led to the exclusion and refer to the school’s published discipline policy)
  
  
• the steps taken by the school to try to avoid the exclusion
  
  
• the arrangements which have been made to set and mark work for your child
  
  
• that you have the right of access to your child’s school records through a request to the Headteacher
  
  
• that you have the right to state your case to the Governing Body Discipline Committee (name and address should be supplied)
  
  
• that while the exclusion is in force your child should not come to school during school hours and his/her welfare is your responsibility
  
  
• that the Exclusions Officer will be able to provide advice on the exclusion process
  

The right of parents to make representations about the exclusion
The law says that parents have the right to make representations to the school governors about the decision to exclude their child. This means parents can put their views to governors about whether they think the exclusion was fair. Sometimes parents are able to make their views known at a meeting with governors and sometimes parents have to put their views in writing. The way parents put forward their views depends on the length of the exclusion.

1) Exclusions of five school days or less in a term and where a public examination is not missed
If your child has been excluded for a total of five school days or less in a term, the governing body does not have the legal power to reinstate him or her before the exclusion is due to end. However, the Discipline Committee can still consider any written statement from you about the exclusion.

2) Exclusions of between six and 15 school days in total in one term and the pupil does not miss a public examination
If your child has been excluded for a total of between six and fifteen school days in one term, the governing body has the legal power to reinstate him or her before the exclusion is due to end. In other words they can overturn the decision to exclude. If they meet after your child has returned to school, they must still consider whether the exclusion was fair and record their views on your child’s file.

If you want to disagree with the exclusion or make any other views known, you have the right to meet with a panel of governors. That panel of governors is called the Discipline Committee. To have this meeting you have to make a request in writing to the Clerk to the Discipline Committee. That person’s name and address must, by law, be in the letter that was sent to you from the school notifying you of the exclusion.

If you request a meeting it must take place between 6 and 50 school days following the exclusion.

3) Exclusions of more than 15 school days in total in one term
Where a child is excluded for more than 15 school days in a term, parents have the right to put forward their views at a meeting and governors have the power to reinstate the pupil as described above. A meeting of the Discipline Committee must be arranged automatically (in other words the parents do not have to request one). That meeting must take place between the 6th and 15th day of the exclusion. You should receive a letter from the clerk to the Discipline Committee telling you when and where the meeting will take place.

4) Any exclusion where a pupil will miss a public examination
For any exclusion where a pupil misses a public exam, even for a one day exclusion, parents have the right to put their views at a meeting and governors have the power to overturn the exclusion. The meeting should always take place before the date of the exam. If it is not practical for a panel of governors to meet before the date of the exam, the chair of governors can consider the exclusion by himself or herself and decide whether to reinstate the pupil. However, this is the only time that a chair of governors can act alone on an exclusion.

What happens at meetings of the Governing Body’s Discipline Committee?
If a meeting of the Discipline Committee is arranged it is in your interest to make every effort to attend. However, if you are unable to attend or decide not to attend you may, if you wish, put your representations in writing. The Learning Trust Exclusions Officer will also be invited to the meeting. His/her role at the meeting will be to give a view on the appropriateness of the exclusion.

The meeting will be arranged at a time and place convenient to you within reason and you will be allowed to bring someone with you to the meeting to help you. Unless there are strong reasons to refuse your child will also be allowed to attend and present his or her case. An interpreter will be present at the meeting, if necessary.

If your child’s exclusion is for a short period of time, he or she may well be back at school before the meeting takes place. If this is the case, the meeting will still enable you to give your views and the Committee can consider whether more information should be added to your child’s file.

Governors have been advised to try and ensure that the meeting is not too formal or intimidating for you. You should be circulated with any written statements in advance of the meeting and told the names of those who will be present at the hearing. The procedure to be followed at the meeting will normally be as follows:-

The Chair of the Discipline Committee will welcome the parties, ask those present to introduce themselves and explain the order of the meeting which will normally be as follows: -

The Headteacher will explain the reasons for excluding your child which may involve calling staff as witnesses;

You will then be asked whether you wish to ask any questions or disagree with anything that has been said. Your friend may speak for you if you wish;

You will then be asked to explain the situation as you see it and to state the grounds on which you disagree with the decision, if that is the case. Your child, if present, will also be given the opportunity to make comments.

The Head and any staff she/he has invited as witnesses will then ask questions on what you have said:

• The Governors and the Exclusions Officer will intervene and ask questions where appropriate
  
  
• The Governors, Headteacher and Parent may ask questions of the Exclusions Officer
  
  
• The Chair will check that all points either party wishes to raise have been raised
  
  
• The Headteacher will sum up the case for the school
  
  
• You will be asked to sum up your case
  
  
• The Exclusions Officer will give a view on the appropriateness of the exclusion
  
  
• You, your friend and child, if present, the Headteacher and any witnesses together with the Exclusions Officer will be asked to withdraw from the meeting leaving the Discipline Committee to make a decision on whether to uphold the exclusion or to direct earlier re-instatement

If your child’s exclusion involves the loss of an opportunity to take a public examination there may be insufficient time for the Discipline Committee to arrange a meeting. In such cases the Chair may consider the exclusion and decide whether or not to reinstate your child.

After the exclusion meeting
The Clerk to the Committee will send the decision of the meeting to you in writing within one school day of the hearing. The letter will include the reasons for the Committee’s decision.

If the Committee decides to direct earlier re-instatement it may not attach conditions to their decision. The Committee will, however, discuss with the Exclusions Officer whether extra short term support would help to ensure a successful return to school. The decision letter will let you know the date your child can return to school.

If the Committee agrees with the period of the exclusion, your child should return to school on the date given in the original letter of exclusion issued by the Headteacher.

Equal Opportunities
As part of its policy to eliminate racial and sexual discrimination the Learning Trust monitors the number of pupils excluded by age, gender and ethnic background.

Where to go to for advice
The exclusion procedures are designed to be as fair as possible. This means that they can be complicated. If you have any problems or need advice concerning the guidance and procedures you can contact the Exclusions Officer at Hackney Technology and Learning Centre, 1 Reading Lane, London E8 1GQ Tel no 020 8820 7569. The Exclusions Officer will not, however, take on an advocacy role.

If your child has a Statement of Special Educational Needs and is experiencing difficulties at school, you may wish to raise the matter with the Special Needs Section in the Borough in which you reside.

If you are still unsure of your legal rights or would like independent advice outside the Learning Trust you many wish to contact the following organisations: -

• Advisory Centre for Education (ACE) help line 020 7704 9822
  
  
• Claudia Jones Organisation 020 7241 1646

The Citizen Advice Bureaus or the Law Centre will also be able to provide independent advice. You will find their details in the telephone directory or at your local library.