Management Information Sheet

The School Discipline (Pupil Exclusions and reviews) (England) Regulations 2012

Exclusion from maintained schools, Academies and pupil referral units

Revised guidance www.schools.norfolk.gov.uk has been issued and there are some key points schools should be aware of:

	While the Government supports head teachers in using exclusion as a sanction where it is warranted it is clear that permanent exclusion should only be used as a last resort, in response to serious or persistent breaches of the school's behaviour policy; and where allowing the pupil to remain in school would seriously harm the education or welfare of the pupil or others in the school. The decision to exclude a pupil must be lawful, reasonable and fair. Schools have a statutory duty not to discriminate against pupils on the basis of protected characteristics, such as disability or race. Schools should give particular consideration to the fair treatment of pupils from groups who are vulnerable to exclusion.
	Where a school has concerns about a pupil's behaviour it should try to identify whether there are any causal factors and intervene early in order to reduce the need for a subsequent exclusion. In this situation schools should give consideration to a multi-agency assessment that goes beyond the pupil's educational needs.
	Schools should have a strategy for reintegrating pupils that return to school following a fixed period exclusion, and for managing their future behaviour.
	All children have a right to an education. Schools should take reasonable steps to set and mark work for pupils during the first five school days of exclusion, and alternative provision must be arranged from the sixth day. There are obvious benefits in arranging alternative provision to begin as soon as possible after an exclusion.
	Where parents (or excluded pupil, if aged 18 or over) dispute the decision of a governing body not to reinstate a permanently excluded pupil, they can ask for this decision to be reviewed by an independent review panel. Where there is an allegation of discrimination (under the Equality Act 2010) in relation to a fixed-period or permanent exclusion, parents can also make a claim to the First-tier Tribunal (for disability discrimination) or a County Court (for other forms of discrimination).
	An independent review panel does not have the power to direct a governing body to reinstate an excluded pupil. However, where a panel decides that a governing body's decision is flawed when considered in the light of the principles applicable on an application for judicial review, it can direct a governing body to reconsider its decision. If the governing body does not subsequently offer to reinstate a pupil, the panel will be expected to order that the school makes an additional payment of £4,000. This payment will go to the local authority towards the costs of providing alternative provision.
	Whether or not a school recognises that a pupil has special educational needs (SEN), all parents (or pupils if aged 18 or over) have the right to request the presence of a SEN expert at an independent review panel. The SEN expert's role is to provide impartial advice to the panel about how SEN could be relevant to the exclusion; for example, whether the school acted reasonably in relation to its legal duties when excluding the pupil.
	Excluded pupils should be enabled and encouraged to participate at all stages of the exclusion process, taking into account their age and understanding.

Definition of "parent" within these Regulations
The definition of a parent for the purposes of the Education Act is broadly drawn. In addition to the child's birth parents, references to parents include any person who has parental responsibility (which includes the local authority where it has a care order in respect of the child) and any person (for example, a foster carer) with whom the child lives.
The exclusion regulations give clarity and certainty to schools, local authorities, Academy Trusts and review panels, in terms of how they discharge their obligations to parents. Obligations are to the "relevant person" - a parent or the pupil, where 18 or over. This guidance refers to "parents" throughout and where practicable it is expected that all those with parental responsibility should be engaged with the exclusions process.

Training
Training sessions regarding the impact of the revised guidance are to be offered, at no cost to schools during the first half of the Autumn term. Details can be found on www.cpd.norfolk.gov.uk using activity reference number ESBC1.

Model letters
You will see that the new guidance does not contain any standard letters. In order to support schools Norfolk has revised the previously issued model letters to meet guidance requirements and the link to these are www.schools.norfolk.gov.uk/Behaviour-and-safety

Information to the Local Authority
Permanent exclusions - all information should be sent to the Exclusions team immediately in order for the local authority to be in a position to undertake their statutory duties for any permanently excluded pupils.

Fixed term exclusions- we still require you to submit information for all fixed term exclusions as soon as possible after the incident has happened.