Exclusion policy

Aims
Our college aims to ensure that:
The exclusions process is applied fairly and consistently
The exclusions process is understood by governors, staff, parents and pupils
Pupils in college are safe and happy
Pupils do not become NEET (not in education, employment or training)
Legislation and statutory guidance
This policy is based on statutory guidance from the Department for Education: Exclusion from maintained
colleges, academies and pupil referral units (PRUs) in England.
It is based on the following legislation, which outline colleges’ powers to exclude pupils:
Section 52 of the Education Act 2002, as amended by the Education Act 2011
The College Discipline (Pupil Exclusions and Reviews) (England) Regulations 2012
Sections 64-68 of the College Standards and Framework Act 1998
In addition, the policy is based on:
Part 7, chapter 2 of the Education and Inspections Act 2006, which looks at parental responsibility for
excluded pupils
Section 579 of the Education Act 1996, which defines ‘college day’
The Education (Provision of Full-Time Education for Excluded Pupils) (England) Regulations 2007, as
amended by The Education (Provision of Full-Time Education for Excluded Pupils) (England)
(Amendment) Regulations 2014
The decision to exclude
Only the headteacher, or acting headteacher, can exclude a pupil from college. A permanent exclusion will
be taken as a last resort.
Our college is aware that off-rolling is unlawful. Ofsted defines off-rolling as:
“…the practice of removing a pupil from the college roll without a formal, permanent
exclusion or by encouraging a parent to remove their child from the college roll, when the
removal is primarily in the interests of the college rather than in the best interests of the
pupil.”
We are committed to following all statutory exclusions procedures to ensure that every child receives an
education in a safe and caring environment.
A decision to exclude a pupil will be taken only:
In response to serious or persistent breaches of the college’s behaviour policy, and
If allowing the pupil to remain in college would seriously harm the education or welfare of others
Before deciding whether to exclude a pupil, either permanently or for a fixed period, the headteacher will:
Consider all the relevant facts and evidence, including whether the incident(s) leading to the exclusion
were provoked:
Allow the pupil to give their version of events
Consider if the pupil has special educational needs (SEN)
Definition
For the purposes of exclusions, college day is defined as any day on which there is a college session.
Therefore, INSET or staff training days do not count as a college day.
Roles and responsibilities
The headteacher
Informing parents
The headteacher will immediately provide the following information, in writing, to the parents of an
excluded pupil:
The reason(s) for the exclusion
The length of a fixed-term exclusion or, for a permanent exclusion, the fact that it is permanent
Information about parents’ right to make representations about the exclusion to the governing board
and how the pupil may be involved in this
Where there is a legal requirement for the governing board to meet to consider the reinstatement of a
pupil, and that parents have a right to attend a meeting, be represented at a meeting (at their own
expense) and to bring a friend
The headteacher will also notify parents by the end of the afternoon session on the day their child is
excluded that for the first 5 college days of an exclusion, or until the start date of any alternative provision
where this is earlier, parents are legally required to ensure that their child is not present in a public place
during college hours without a good reason. Parents may be given a fixed penalty notice or prosecuted if
they fail to do this.
If alternative provision is being arranged, the following information will be included when notifying parents
of an exclusion:
The start date for any provision of full-time education that has been arranged
The start and finish times of any such provision, including the times for morning and afternoon sessions,
where relevant
The address at which the provision will take place


Any information required by the pupil to identify the person they should report to on the first day
Where this information on alternative provision is not reasonably ascertainable by the end of the afternoon
session, it may be provided in a subsequent notice, but it will be provided no later than 48 hours before the
provision is due to start. The only exception to this is where alternative provision is to be provided before
the sixth day of an exclusion, in which case the information can be provided with less than 48 hours’ notice
with parents’ consent.
Informing the governing board and local authority
The headteacher will immediately notify the governing board and the local authority (LA) of:
A permanent exclusion, including when a fixed-period exclusion is made permanent
Exclusions which would result in the pupil being excluded for more than 5 college days (or more than 10
lunchtimes) in a term
Exclusions which would result in the pupil missing a public examination
For a permanent exclusion, if the pupil lives outside the LA in which the college is located, the headteacher
will also immediately inform the pupil’s ‘home authority’ of the exclusion and the reason(s) for it without
delay.
For all other exclusions, the headteacher will notify the governing board and LA once a term.
The governing board
Responsibilities regarding exclusions is delegated to the Governing Body’s Disciplinary Committee consisting
of at least 3 governors.
The Disciplinary Committee has a duty to consider the reinstatement of an excluded pupil (see section 6).
The governing board has a duty to consider the reinstatement of an excluded pupil (see section 6)
Within 14 days of receipt of a request, the governing board will provide the secretary of state and the LA
with information about any exclusions in the last 12 months.
For a fixed-period exclusion of more than 5 college days, the governing body will arrange suitable full-time
education for the pupil. This provision will begin no later than the sixth day of the exclusion.
Provision does not have to be arranged for pupils in the final year of compulsory education who do not have
any further public examinations to sit.
The LA
For permanent exclusions, the LA is responsible for arranging suitable full-time education to begin no later
than the sixth day of the exclusion.
Considering the reinstatement of a pupil
The Disciplinary Committee will consider the reinstatement of an excluded pupil within 15 college days of
receiving the notice of the exclusion if:
• The exclusion is permanent
• It is a fixed-term exclusion which would bring the pupil’s total number of college days of
exclusion to more than 15 in a term
• It would result in a pupil missing a public examination
If requested to do so by parents, the Disciplinary Committee will consider the reinstatement of an excluded
pupil within 50 college days of receiving notice of the exclusion if the pupil would be excluded from college
for more than 5 college days, but less than 15, in a single term.
Where an exclusion would result in a pupil missing a public examination, the Disciplinary Committee will
consider the reinstatement of the pupil before the date of the examination. If this is not practicable, the
chair of the governing board (or the vice-chair where the chair is unable to make this consideration) will
consider the exclusion independently and decide whether or not to reinstate the pupil.
The Disciplinary Committee can either:
Decline to reinstate the pupil, or
Direct the reinstatement of the pupil immediately, or on a particular date
In reaching a decision, the Disciplinary Committee will consider whether the exclusion was lawful,
reasonable and procedurally fair and whether the headteacher followed their legal duties. They will decide
whether or not a fact is true ‘on the balance of probabilities’, which differs from the criminal standard of
‘beyond reasonable doubt’, as well as any evidence that was presented in relation to the decision to exclude.
Minutes will be taken of the meeting, and a record of evidence considered kept. The outcome will also be
recorded on the pupil’s educational record.
The Disciplinary Committee will notify, in writing, the headteacher, parents and the LA of its decision, along
with reasons for its decision, without delay.
Where an exclusion is permanent, the Disciplinary Committee decision will also include the following:
The fact that it is permanent
Notice of parents’ right to ask for the decision to be reviewed by an independent review panel, and:
• The date by which an application for an independent review must be made
• The name and address to whom an application for a review should be submitted
• That any application should set out the grounds on which it is being made and that, where
appropriate, reference to how the pupil’s SEN are considered to be relevant to the exclusion
• That, regardless of whether the excluded pupil has recognised SEN, parents have a right to
require the LA to appoint an SEN expert to attend the review
• Details of the role of the SEN expert and that there would be no cost to parents for this
appointment
• That parents must make clear if they wish for an SEN expert to be appointed in any
application for a review
• That parents may, at their own expense, appoint someone to make written and/or oral
representations to the panel, and parents may also bring a friend to the review
That if parents believe that the exclusion has occurred as a result of discrimination, they may make a
claim under the Equality Act 2010 to the first-tier tribunal (special educational needs and disability), in
the case of disability discrimination, or the county court, in the case of other forms of discrimination. A
claim of discrimination made under these routes should be lodged within 6 months of the date on which
the discrimination is alleged to have taken place
An independent review
If parents apply for an independent review, the LA will arrange for an independent panel to review the
decision of the governing board not to reinstate a permanently excluded pupil.
Applications for an independent review must be made within 15 college days of notice being given to the
parents by the Disciplinary Committee of its decision to not reinstate a pupil.
A panel of 3 or 5 members will be constituted with representatives from each of the categories below.
Where a 5-member panel is constituted, 2 members will come from the college governors and 2 members
will come from the headteacher category.
A lay member to chair the panel who has not worked in any college in a paid capacity, disregarding any
experience as a college governor or volunteer
College governors who have served as a governor for at least 12 consecutive months in the last 5 years,
provided they have not been teachers or headteachers during this time
Headteachers or individuals who have been a headteacher within the last 5 years
A person may not serve as a member of a review panel if they:
Are a member of the LA or governing board of the excluding college
Are the headteacher of the excluding college, or have held this position in the last 5 years
Are an employee of the LA or the governing board, of the excluding college (unless they are employed as
a headteacher at another college)
Have, or at any time have had, any connection with the LA college, governing board, parents or pupil, or
the incident leading to the exclusion, which might reasonably be taken to raise doubts about their
impartially
Have not had the required training within the last 2 years (see appendix 1 for what training must cover)
A clerk will be appointed to the panel.
The independent panel will decide one of the following:
Uphold the governing board’s decision
Recommend that the governing board reconsiders reinstatement
Quash the governing board’s decision and direct that they reconsider reinstatement (only when the
decision is judged to be flawed)
The panel’s decision can be decided by a majority vote. In the case of a tied decision, the chair has the
casting vote.
College registers
A pupil’s name will be removed from the college admissions register if:
15 college days have passed since the parents were notified of the exclusion panel’s decision to not
reinstate the pupil and no application has been made for an independent review panel, or
The parents have stated in writing that they will not be applying for an independent review panel
Where an application for an independent review has been made, the governing board will wait until that
review has concluded before removing a pupil’s name from the register.
Where alternative provision has been made for an excluded pupil and they attend it, code B (education offsite) or code D (dual registration) will be used on the attendance register.
Where excluded pupils are not attending alternative provision, code E (absent) will be used.
Returning from a fixed-term exclusion
Following a fixed-term exclusion, a re-integration meeting will be held involving the pupil, parents, a
member of senior staff and other staff, where appropriate. A record will be made of this meeting using the
college proforma. Contact details will be checked.
The following measures may be implemented when a pupil returns from a fixed-term exclusion:
Agreeing a behaviour contract
Putting a pupil ‘on report’
Re- integration through the St John Bosco Room
Restorative Justice session
Counsellor session arranged
Direct monitoring of break and lunchtime by a member of staff
Two weeks after the fixed term exclusion the student will meet with the Lead Learning Mentor in the St
John Bosco Room to review progress.
Monitoring arrangements
The Headteacher monitors the number of exclusions every term and reports back to the Governing Body
They also liaise with the local authority to ensure suitable full-time education for excluded pupils.
This policy will be reviewed by the Headteacher every year. At every review, the policy will be shared with
the governing Links with other policies
This exclusions policy is linked to our
• Behaviour policy
• SEN policy and information report
Appendix 1: Independent review panel training
The LA must ensure that all members of an independent review panel and clerks have received training
within the 2 years prior to the date of the review.
Training must have covered:
The requirements of the primary legislation, regulations and statutory guidance governing exclusions,
which would include an understanding of how the principles applicable in an application for judicial
review relate to the panel’s decision making
The need for the panel to observe procedural fairness and the rules of natural justice
The role of the chair and the clerk of a review panel
The duties of headteachers, governing boards and the panel under the Equality Act 2010
The effect of section 6 of the Human Rights Act 1998 (acts of public authorities unlawful if not
compatible with certain human rights) and the need to act in a manner compatible with human rights
protected by that Act