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Schools
Permanent Exclusions

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.

Permanent exclusion
Permanent exclusion means that your child can no longer attend the school and his/her name will be removed from the school roll.

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

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

The Government guidance does not set out a list of incidents where a permanent exclusion would be considered as appropriate. Policies on behaviour in schools are a matter for Headteachers and Governing Bodies to determine. However, in exercising their judgement in this difficult area, Headteachers are advised that a decision to exclude a child permanently is a serious one. It is the final step in the process for dealing with disciplinary offences when a wide range of other strategies have been tried and failed, including the use of a Pastoral Support Programme. Headteachers may under exceptional circumstances exclude a pupil permanently for a first or one–off offence such as an incident involving sexual misconduct or supplying/dealing in illegal drugs.

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”.

If your child has been permanently excluded from school, 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 the permanent exclusion takes effect. It will also explain:

  • why the Headteacher decided to exclude your child (this should include details of the incident which led to the exclusion)

  • any relevant previous warnings, fixed period exclusions or other disciplinary measures taken before the incident which led to the exclusion (if this takes time to collate it will be contained in a prompt follow-up letter)

  • 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 the Governing Body Discipline Committee will meet within 15 school days of the notification of the exclusion to decide whether to uphold the exclusion or to direct that your child be reinstated

  • 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

  • that advice is available from the Advisory Centre for Education (020 7704 9822)

Meeting of the Governing Body Discipline Committee
In order to carry out their legal duty the Governing Body Discipline Committee will arrange a special meeting to consider the exclusion. The clerk to the Discipline Committee will invite you to the meeting. This will be your opportunity to state any views you have on your child’s exclusion and 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 views in writing.

The Exclusions Officer will also be invited to the meeting. His or 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.

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 reasons on which you disagree with the decision, and why your child should be allowed to return to the school. 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 reinstate your child or to uphold the permanent exclusion.

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 that your child return to school it can not attach conditions to the reinstatement.
The Committee will, however, discuss with the Exclusions Officer whether extra short term support would help to ensure successful reintegration. The decision letter will let you know the date your child can return to school.

If the Committee decide to uphold the Headteacher’s decision to exclude your child permanently the decision letter will also explain that you have the right to appeal against the decision to an independent appeal panel to which you can make oral and written representations.

The Exclusions Officer will also write to you within three working days of the Committee’s decision confirming the details of the appeal.

Independent appeals
If you decide to appeal against the permanent exclusion of your child you will be notified by the clerk to the committee of the time and place for the appeal to be heard. It is important for you to attend, but you can decide not to attend in which case only the written statements you submitted will be considered.

The panel will consider whether your child did what he or she is accused of doing and, if so, whether permanent exclusion is a reasonable response to that conduct.

What happens after permanent exclusion?
If your child lives in Hackney and does not have a formal statement of special educational needs), you will be invited to an interview with the Head of one of the Learning Trust’s Pupil Referral Units. The interview is designed to plan the best way forward for your child. There are two Pupil Referral Units (PRUs) in Hackney. One is for primary aged pupils and one for secondary. The secondary PRU is based at Daniel House, Clissold Road, N16 (Tel no 0207 254 1250). The primary PRU is at Bright House, Chatham Place, E9 (Tel 0208 985 6484).

If the outcome of the interview is that your child should return immediately to another school, the Exclusions Officer will make applications to other schools after involving you and your child in discussions about alternative school places.

If the outcome of the meeting is that your child should spend a period of time at the PRU or to receive individual tuition it will be the responsibility of the Head of the PRU to draw up an individual re-integration plan. The plan will name the school to which your child should return on a full-time basis. In many cases your child will be registered at both the PRU and the named school.

If your child lives in Hackney and has a formal statement of special educational needs it will be the responsibility of the Principal Case Officer in the Special Needs Section in the borough in which you reside to contact you to discuss the education to be provided for your child.

If your child does not live in Hackney it will be the responsibility of the Education Officer in the borough in which you reside to ensure that your child receives appropriate education.

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 the Hackney Technology and Learning Centre, 1 Reading Lane, London E8 1GQ Tel no 020 88207569. The Exclusions Officer will not, however, take on an advocacy role.

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: -

  • Hackney Action for Racial Equality (tel no 020 7241 2244)

  • Claudia Jones Organisation (tel no 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.

 
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