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They must also, without delay, provide parents with the following information in writing: • the reason(s) for the exclusion; • the length of the exclusion; • the parents' right to put forward their case about the exclusion to the governing board, how they should go about doing this and how the pupil can be involved; and. This policy will be reviewed by the Headteacher annually. These should be clearly set out in their behaviour policy and made available for parents to see. When can I bring a judicial review claim against the decision of the IRP? Exclusions policy for primary school parent. 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. Claims for disability discrimination would be lodged with the First-Tier Tribunal (Special Educational Needs & Disabilities).
Any exclusion of a pupil, even for short periods of time, must be formally recorded. The law in this area is subject to change. What reasons are given for the exclusion? In some cases they can overturn the exclusion and reinstate your child.
Parents have the right to make their case about the exclusion of their child to the governing board. The governors should ask for written material to be sent in before the meeting. This can be physical, verbal or emotional. Allow the pupil to give their version of events. Exclusions guidance for schools. This payment will be in addition to any funding that would normally follow an excluded pupil. For looked after children it is recommended that alternative educational provision start from the first day of an exclusion. Has the school followed its SEN policy? A permanent exclusion will be taken as a last resort. The following parties must be invited to a meeting of the governing body and allowed to make representations: - parents; - the head teacher; and. This provision is commonly called alternative provision and must begin no later than the sixth school day of the suspension.
In relation to LAC, schools should co-operate proactively with foster carers or children's home workers and the Local Authority that looks after the child. They could also be supported by being allowed to bring a friend or given information in a way that they can understand. SEN experts must be impartial. Exclusion from school uk. We hope to encourage parents to play a positive part in the resolution of any learning and behaviour difficulties. Where an application has not been made within this time frame, within 15 school days of the final determination of a claim of discrimination under the Equality Act 2010 in relation to the exclusion. A head teacher can exclude a pupil for a short period of time if they have seriously broken school rules and if allowing the pupil to stay in school would seriously harm their education or welfare, or the education or welfare of other pupils. Whilst the statutory duty on governing bodies or Local Authorities is to provide full-time education from the 6th day of an exclusion, there is an obvious benefit in starting this provision as soon as possible. A pupil cannot be excluded for more than 45 school days in one school year.
Re-integration – working through a structured supportive process that aims to solve the problem. For more information see our page on Managed Moves. Pupils should be given an opportunity to present their case before a decision is made. Suspension and permanent exclusion policy: model and examples. The head can apply the balance of probabilities – is the pupil more likely than not to have done what they are accused of? Exclusion should be a last resort. This is not the same as the 'beyond reasonable doubt' standard required in a criminal case. In some cases, excluding a pupil for behaviour related to their disability could be discriminatory. If your child is excluded for more than five school days, the school must arrange suitable full-time education from the sixth school day, for example at a pupil referral unit. The need for the panel to observe procedural fairness and the rules of natural justice.
In such cases parents still have the right to make representations to the governing body and must be made aware of this right. A successful claim may result in a declaration that the school has discriminated against the pupil, an apology for this discrimination and a change in school policy. Exclusion Advice and Guidance. Cyber-bullying which takes place out of school may also lead to an exclusion. How did this make people feel? Your child must not be seen in a public place in those five days, unless it's for a valid reason (such as a doctor's appointment). School exclusions: advice and support for parents. Schools must also make 'reasonable adjustments' to the way they do things in order to avoid disabled pupils being put at a disadvantage. You can ask for a SEN expert to attend this hearing.
Sometimes children with special educational needs can show poor behaviour because they are feeling frustrated in their learning. If parents apply for an independent review, the academy trust will arrange for an independent panel to review the decision of the governing board not to reinstate a permanently excluded pupil. With calm, kind and consistent adults we aim to build a visible culture of impeccable conduct, built on mutual trust and respect for all. Under the Equality Act, schools must make reasonable adjustments for disabled pupils. A range of policies and procedures are in place to promote good behaviour and appropriate conduct. Further information can be found in our Exclusion Policy below. What is permanent exclusion? This may pick up unidentified special educational needs but also wider family issues affecting the child. Reasons for exclusion: • Serious breach of the school's rules or policies; • Serious risk of harm to the education or welfare of the pupil or others in the school. If the governors decide not to reinstate your child in school you may ask for their decision to be reviewed by an Independent Review Panel (IRP). Information about parents' right to make representations about the exclusion to the governing board and how the pupil may be involved in this.
Even if the offence that has immediately led to the exclusion would not have normally constituted a serious enough breach on its own, a child can still be excluded if it is part of wider pattern of behaviour. Note: fixed-term exclusions are now referred to as suspensions. A multidisciplinary assessment may be carried out under the Common Assessment Framework. Legislation and statutory guidance. In all other cases the IRP should uphold the exclusion. If a school unfairly excludes a child with a disability, this may amount to disability discrimination.