Good behaviour in and out of school is essential to ensure children feel safe, are able to learn and successfully participate in the wider community and schools.

Schools will have a range of interventions and support strategies designed to promote excellent behaviour and to intervene when children's behaviour is poor. In most circumstances these will be effective in addressing the cause of a child's behaviour but where they are not headteachers may feel that exclusion is the only alternative.

Exclusion from school is a serious sanction and a decision which must not be taken lightly. Children who are excluded from school are more likely to underachieve and will be at greater risk of engaging in criminal activity so whilst the Government supports headteacher's decision to exclude, it must only be done where:

• it is a serious or persistent breach of the schools behaviour policy
• allowing the child to remain in school will seriously harm the education and or welfare of themselves or others in school
• it is a last resort (although specific to Permanent Exclusion it should equally be applied in the case of suspension).

The decision to exclude a child will be upsetting for all those involved and it is therefore essential that it is the right decision and the process has been conducted in the right way. Failure to do so can have significant implications for the child and also the school community so it is imperative that all those involved understand the process and when an exclusion is absolutely necessary and a last resort.

REMEMBER

• The Headteacher is the only person that can exclude and must demonstrate that the exclusion is lawful reasonable and fair.
• A child can only be excluded for disciplinary reasons. Any other exclusion would be unlawful.
• Parents can request the Governing Board to review any decision to exclude regardless of its length or the number of exclusions received
• Governing Boards must arrange a review of any exclusion within in 15 school days if:
  • the exclusion is permanent
  • The total number of exclusions exceeds 15.5 days per term
  • the child would miss a national test or public examination
• Where the Governing Board has not reinstated a child following a Permanent Exclusion the parent can:
  • Request an Independent Review of the Governing Board's decision not to reinstate the child
  • Request a review of the decision to the First Tier Tribunal (Disability Discrimination) and County Court (all other forms of Discrimination)

With our extensive experience in managing exclusions from school we will be able to support you through this decision making process and ensure children's rights to an education are protected along the way. So whether you are a headteacher, Governing Board or parent whose child has been or at risk of exclusion we are here to help guide you through the steps you need to take and when you need to take them.