Q&A: School suspensions and permanent exclusions

However, with the increase in behavioural challenges which schools across the sector are facing, many schools are finding decision-making being challenged. It is therefore vital to understand not only the school’s powers, but also the school’ duties, when it comes to suspension and permanent exclusion.

What considerations should a school make where a child has SEN and/or an Education, Health and Care Plan (EHCP)?

The headteacher does have the ability to suspend or permanently exclude a pupil with an EHCP, but there are considerations which must be made before this decision is taken.

Where a pupil with special educational needs (SEN) or an EHCP is causing concern in respect of their behaviour or is at risk of suspension or permanent exclusion, the school is required to consider any additional support which may be necessary for the pupil. If the pupil does not have an EHCP it may be appropriate to request an EHC assessment.

If the pupil has an EHCP, it is key to contact the local authority to raise concerns in respect of the pupil’s behaviour at an early stage and request an early annual review. This step should be taken before any decision to suspend or permanent exclude the pupil is taken.

What are the alternatives to support a pupil to improve their behaviour?

Off-site direction can be used to require the pupil to attend another education setting to improve their behaviour if interventions and support have not been successful. It is a time-limited placement which can either be full-time or part-time support in alternative provision and continued mainstream education. Parents and the local authority must of course be notified of the off-site direction.

On the other hand, a managed move is the process of permanently transferring a pupil to another mainstream school. However, it requires the voluntary agreement of the parents and the admission authority of the new school. Prior to initiating a managed move, the school should have evidence that initial intervention has been carried out, and any statutory assessments were explored.

Schools should keep in mind that Ofsted will consider any evidence of a parent being pressured into a managed move resulting in off-rolling. In these cases, the school’s Ofsted judgements will likely be negatively impacted.

If a pupil has been suspended, can the school instead choose to permanently exclude the pupil?

Where a headteacher has chosen to suspend a pupil, there is no ability for the headteacher to choose to change the suspension to a permanent exclusion.

However, a further suspension could be issued, or a permanent exclusion could be issued after the suspension has been exhausted. This would be where, for instance, new evidence has been brought to the attention of the headteacher which was not available at the time of the original decision to suspend the pupil.

Can the school change its mind where it has decided to exclude a pupil?

This is known as withdrawing or rescinding an exclusion, and it is possible in certain circumstances.

The headteacher can withdraw an exclusion, so long as the governing board has not yet met to consider whether the pupil should be reinstated, and so long as the pupil has not already been excluded for more than 45 school days in a school year. The parents, governing board and the local authority, must be informed that the exclusion has been withdrawn, and they must be provided with a reason for the withdrawal.

When is the governing board required to consider reinstatement?

Whether the governing board will need to consider reinstatement of a pupil will depend on the circumstance. It is always required in the case of a permanent exclusion.

In addition, the governing board must meet to decide on reinstatement if:

• The pupil’s suspension would mean that their total number of school days out of school in a term exceeds 15

• The pupil will miss a public examination or national curriculum test

What is the timeframe for the governing body to consider reinstatement?

In the cases set out above, the governing board usually has 15 school days from receipt of the notice of suspension or permanent exclusion to meet to decide on reinstatement.

However, where a pupil will miss an examination or test, the governing board must, so far as is reasonably practicable, decide on reinstatement before the date of the examination or test. If this is not possible, the chair of governors in the case of a maintained school, or a committee of the trust board in the case of an academy, may decide whether or not to reinstate the pupil.

Where the pupil’s total number of school days out of school in a term is more than 5 but less than 15, the governing board may be required to consider reinstatement. This is only the case if the parents make representations. The governing board has 50 school days from receipt of the notice of suspension to meet to decide on reinstatement.

Practical steps

Schools across the sector are seeing an increase in behavioural challenges. On top of this, there has been a significant increase in the number of pupils with SEN and EHCPs. It is therefore vital that schools fully understand the obligations placed on them by the Department for Education in terms of suspensions and permanent exclusions.

The first step to ensuring compliance with the Department for Education’s guidance is to review your school’s policy. Given the link between behaviour and exclusions, we recommend that schools review both their behaviour policy and their suspension and permanent exclusions policy to ensure that they align not only with Department for Education guidance, but also with each other.

Staff training is also vital to ensure that, not only do staff understand the content of your school’s policies, but their implementation on the ground. Consistent application of sanctions, in accordance with your school policies, can help to prevent challenges in respect of decision making.