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phasmid

Unlawful Exclusion Information

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Thought people might like this info all in one 'hit' as it were. Some of it is from my posts/research some from other posters (who I hope don't mind me putting it in). You may find some of it useful to copy and paste into word to waive at schools etc;

 

The following information is taken from here:

 

http://www.governornet.co.uk/publishArticl...ring=exclusions

 

Pupil Exclusion - Overview

When is it appropriate to exclude a pupil from school? What are the procedures for dealing with appeals? How does a head teacher communicate effectively with parents in such difficult circumstances? In all cases there are many issues to consider, and the need for an established framework is apparent. This article provides an overview of the process of exclusion and access to key resources.

Responsibility

Only the headteacher (or acting headteacher) has the power to exclude a pupil from school. He or she may not delegate that power to someone else. The headteacher may exclude a pupil for one or more fixed periods of not exceeding 45 school days in any one school year. He or she may also exclude a pupil permanently and may also convert a fixed period exclusion into a permanent exclusion if he or she decides circumstances warrant this.

The governing body (or their discipline committee where one is in place) have no power to exclude a pupil, nor make a headteacher's original exclusion more severe.

Roles and Actions

The headteacher must:

? inform the pupil's parent of a period of exclusion, or that an exclusion is permanent

? give reasons for the exclusion

? advise the parent that he or she may make representations about the exclusion to the governing body

? advise the parent how his or her representations may be made

? under certain circumstances (see guide to the law chapter 12) notify both the LEA and the governing body of the details of the exclusion

The governing body's role essentially is one of reviewing, as the need arises, the headteacher's exclusion decisions. The governing body are advised to establish a discipline committee of three or five members and appoint a clerk to the committee. The headteacher may not be a member. Where the headteacher is required to notify the governing body of an exclusion, the governing body or committee must meet to:

? consider the circumstances in which the pupil was excluded

? consider any representations about the exclusion made by the parent and by the LEA

? consider whether the pupil should be reinstated immediately, reinstated by a particular date or not reinstated

There are time limits for consideration of exclusions - see Chapter 12 of the Guide to the Law for details.

If the governing body upholds the exclusion, the parent may appeal to an appeal panel established by the LEA.

The Law

The Education (Pupil Exclusions and Appeals)(Maintained Schools)(England) Regulations 2002 (SI 2002/3178) are the main regulations applying to exclusions. These can be read by following the hyperlink in Further Reading below.

The Education (Pupil Exclusions)(Miscellaneous Amendments)(England) Regulations 2004 (SI 2004/402) makes some minor amendments to the above exclusions regulations. These can be viewed through the appropriate link in the Web Links box below.

 

Web links:

Education (Pupil Exclusions)(Miscellaneous Amendments)(England) Regu...

Improving behaviour and attendance: guidance on exclusion from schoo...

Working together on exclusions: a discussion paper on the prevention - see below

 

Note: these links don't work from here, but they do on the original page. But, see below for follow up from the bottom link.

 

Background:

Exclusions Guidance 2004: Getting it Right - a Training Pack for Clerks and Chairs of Governors

GttL 2004 - Chapter 12 - Discipline and attendance (Link to Chapter 12 of Governors Guide to the Law for all types of school)

SCHOOL PROFILE Consultation - Launched 26/03/04 (Ref: DfES/0335/2004)

 

Further reading:

Education (Pupil Exclusions and Appeals)(Maintained Schools)(England) Regulations 2002 (SI 2002/3178) (amended 22/3/04 by SI 2004/402)

Exclusion Data

Unofficial or informal exclusion - how to address the problem.

Effective date: 20 January 2003

Posted date: 18 March 2003

 

 

The following are from the bottom link (marked see below, above):

http://www.governornet.co.uk/cropArticle.c...17&mode=further

 

Unofficial or informal exclusion - how to address the problem.

What is the issue?Unofficial or informal exclusion refers to teachers sending pupils home for disciplinary reasons, but not following the procedures required for formal exclusion. This practice is illegal. The pupil may be marked as an authorised absence, or in some cases marked as attending, and eventually taken off the school roll, although not having another school place.Why does it happen?Unofficial exclusions take place for a variety of reasons. In some cases teachers may see this as a way of managing pupils who are disruptive or difficult and in the heat of the moment may decide that sending the child home to ?cool off? is an acceptable course of action. In other cases pupils may be sent home after a reasoned discussion with their parents, where unofficial exclusion is proposed as the ?best? course of action to prevent the pupil from having permanent exclusion on their school record. In addition, since the Department of Education and Skills (DfES) collects data on the numbers of school exclusions, teachers could be tempted not to formally exclude in order to avoid the scrutiny that accompanies the process, and to reduce the number of incidents.

 

 

 

 

http://www.teachernet.gov.uk/wholeschool/b...60-02b7ff5bf5ed

 

Has this:

 

Part 1: the decision to exclude

14. Disabled pupils

14.1 Schools have a legal duty under the Disability Discrimination Act 1995 not to discriminate against disabled pupils by excluding them from school because of their disability. This applies to permanent and fixed-term exclusions. The definition of disability under the Act covers pupils with physical, sensory, intellectual or mental impairments. Discrimination means treating disabled pupils less favourably than other pupils without justification. It also means failing to take reasonable steps to ensure that disabled pupils are not placed at a substantial disadvantage compared to their non-disabled peers. What constitutes a reasonable step will depend on the circumstances of each case. The Disability Rights Commission has published a code of practice which explains and illustrates the schools duties to disabled pupils, including in relation to exclusions. Schools and those involved in exclusion decisions or appeals are strongly recommended to read the code of practice, which is available on the Disability Rights Commission website.

 

Followed DRC link to this page. Full of case studies and guidance:

 

http://www.drc-gb.org/publicationsandrepor...ect=0?ion=0

 

 

 

Unofficial or informal exclusion refers to:

? teachers sending pupils home for disciplinary reasons, but not following the procedures required for formal exclusion and;

? pupils being sent home for either short periods of time, or for longer indefinite periods which can result in the pupil not returning to school at all. These pupils may be marked as an authorised absence, or in some cases marked as attending, and eventually taken off the school roll, although not having another school place.

Where critical situations have erupted during the school day, head teachers may have sent pupils home to ?cool off? for the remainder of the day, but not taken formal exclusions action, viewing this as a suitable way to manage the pupil?s behaviour in the short term and as preferable to formal exclusion. However, our view is that this also constitutes unofficial exclusion and there is no legal basis for it.

In addition other mechanisms have been inappropriately used by schools as a means of ?unofficially excluding? pupils. For example:

? following a fixed period exclusion, a pupil remains out of school awaiting a reintegration interview which may be indefinitely delayed, and pupil does not return to school;

? parents strongly encouraged to home educate even though they may not be aware of the responsibilities involved; and

? pupils placed on study leave for periods of time longer than recommended in guidance.

 

 

DfES exclusions guidance

 

DfES behaviour and attendence guidance

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Interestingly I found this today. Norfolk County Council have sent this letter to ALL Norfolk Schools. They have realised that their 'informal/unofficial exclusion' policy is ILLEGAL and have made sure that all schools are aware of this too:

 

 

An example re: when a school may have imposed an informal or unofficial exclusion

 

Children?s Services The Pupil Access & Support ServicexxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxNorwich

Norfolk NR1 2TN

 

Tel: xxxxxxxxxxx

Fax: xxxxxxxxxxx

                    Minicom: xxxxxxxxxxxxx

Email: Insert email address

 

Please ask for: Xxxxx xxxxxxxx Your ref:

Contact Number: xxxxxxxxxxxxxx My ref: S:\PA&SS\Secretarial\Topics\Exclusions\Unofficial Exclusions Letter MASTER1.doc

 

 

Name and Address at top of letter

 

 

Dear,

 

Re: Possible Informal or Unofficial Exclusion

 

It has been drawn to my attention that the parents of the above named pupil have been asked to remove him/her from the school site, for a disciplinary reason. It is noted that no formal notification of this arrangement has been received by the parents or  the Education Officer - Exclusions and neither have the Attendance Team been informed. It would appear that this constitutes an Informal or Unofficial Exclusion.

 

I would like to remind you that, under Section 22 of ?Improving Behaviour and Attendance: Guidance on Exclusion from Schools and Pupil Referral Units? published by the DfES, �informal or unofficial exclusions are illegal regardless of whether they are done with the agreement of parents or carers�. {Guidance on the removal of pupils from school on health and safety grounds or in exceptional circumstances, is found in the Norfolk Guidance on Exclusions (Esinet MI 87/05).}

 

The reason that this is inappropriate, is that if pupils are informally or unofficially excluded, it is not possible to argue that all steps have been taken to safeguard the pupil, as the parents have not taken over responsibility in a formal sense. The pupil remains on the school?s roll and continues to be the school?s responsibility during school time. The pupil does not become the responsibility of local authority central services (PA&SS).

 

 

                    Cont?d/??

- 2 -

 

Furthermore, informal exclusions have been highlighted by a recent Cabinet Scrutiny Working group report, as being a matter of enormous concern to parents and Councillors. Councillors have a specific interest in ensuring that children?s safety is

promoted. PA&SS staff are now required to record and report upon all incidences of illegal exclusions.

 

I would be grateful if you could discuss and clarify the position with the parents and, if an exclusion has been imposed, please inform the Education Officer ? Exclusions (xxxxxxxxxxx), in the usual way. If it is clear that no informal or unofficial exclusion was discussed with the parents, please let xxxxxxxxxxxxx know so that records can be amended.

 

Thank you for your attention in this matter.

 

 

Yours sincerely,

 

 

 

 

xxxxxxxxxxxxxxxxxx

Attendance and Behaviour Manager 

 

 

These rules do not apply just in Norfolk!

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We need some advice or information please, our son is statemented, has recently been informally excluded from school on account of his behaviour becoming increasingly aggressive, this was for one day. The annual review of his statement is looming, no dates given yet, does anyone know how easy or common it is for children like ours to be excluded, even when they have LSA support. Thanks anyone.

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The above-mentioned beautiful lady's husband here!

 

Once again this morning at 10.10am at work I got 'the phone call' to collect the 'boy' from school!!

Wish to God that I'd read the above before going to get him.

 

I knew that it was not quite right that the School has asked us to collect on two occasion, but I didn't know how blatantly they have been flouting the law! :crying:

 

Not having a good day!!

 

Mr.Ediebee

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Hello to you both. Sorry you have found us as a result of difficulties rather than just by 'finding' us. I will just reiterate that 'informal' exclusions do not exist. An exclusion is just that, an exclusion. If you would like some specific pointers of what to do about these exclusions, it might be an idea to start a new thread giving us some history of what has happened to your son with regards support and the incident(s) that have led to his exclusions.

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GOOD PRACTICE FOR LEAS AND SCHOOLS IN MANAGING AND REDUCING INCIDENTS OF UNOFFICIAL EXCLUSION

 

The latest exclusions guidance (see link at end of document) makes it clear that removing pupils from school sites for disciplinary reasons without following formal exclusions procedures is illegal, since there is no basis in law for teachers to do this, even if done with the agreement of parents, or carers. There was a full discussion of the issue at regional exclusions workshops around the country in May / June which is reflected in the overview note. Since then we have gathered much good practice around positive processes from colleagues in LEAs and schools and we are grateful for their input.

 

This note sets out:

 

� what constitutes an unofficial exclusion;

� four key good practice principles which underpin successful management of exclusions; and

� how some schools and LEAs are making clear that unofficial exclusion is unacceptable.

 

What constitutes an unofficial exclusion?

 

Unofficial or informal exclusion refers to:

� teachers sending pupils home for disciplinary reasons, but not following the procedures required for formal exclusion and;

� pupils being sent home for either short periods of time, or for longer indefinite periods which can result in the pupil not returning to school at all.

 

These pupils may be marked as an authorised absence, or in some cases marked as attending, and eventually taken off the school roll, although not having another school place.

Where critical situations have erupted during the school day, head teachers may have sent pupils home to ?cool off? for the remainder of the day, but not taken formal exclusions action, viewing this as a suitable way to manage the pupil?s behaviour in the short term and as preferable to formal exclusion. However, our view is that this also constitutes unofficial exclusion and there is no legal basis for it.

In addition other mechanisms have been inappropriately used by schools as a means of ?unofficially excluding? pupils. For example:

 

� following a fixed period exclusion, a pupil remains out of school awaiting a reintegration interview which may be indefinitely delayed, and pupil does not return to school;

� parents strongly encouraged to home educate even though they may not be aware of the responsibilities involved; and

� pupils placed on study leave for periods of time longer than recommended in guidance.

 

Four key good practice principles

 

From our work to date with LEAs and schools, key principles have emerged, which if applied should create a climate where it will be made clear that unofficial exclusion is unacceptable, and where it occurs it will be promptly identified and action taken to restore the pupil to suitable education.

The four key principles are:

� LEA senior officer involvement at a strategic level, within the inclusion agenda, making clear that unofficial exclusion is unacceptable, and reminding teachers of their obligations;

� clear, positive messages, to teachers, parents, and governors, for example in a school?s behaviour policies, highlighting the damaging effects of unofficial exclusion;

� ensuring teachers are given early support to manage difficult or disruptive pupil behaviour, so that unofficial exclusion does not appear to be the ?only option?. This point was well made by a number of head teachers who used unofficial exclusion because they felt there was little else they could do;

� agreeing formal, well-defined, processes, protocols, and record-keeping, at every stage of a pupil?s school life, in order to identify promptly instances of this practice.

How some schools and LEAs are making clear that unofficial exclusion is unacceptable

 

Identifying instances

 

The very fact that unofficial exclusions are not recorded, means that it can be extremely difficult to identify instances of this practice. However, the following methods have been used, singly or in combination, by LEAs and schools to identify unofficial exclusions.

 

� Formal lines of communication established with other agencies and the voluntary sector, such as Social Services and Connexions, to ensure sharing of information about children out of school. The integration of Children?s Services under the Children?s Bill is a crucial part of strengthening these communications.

� Analysis of individual school data and follow-up of worrying patterns may include LEAs monitoring patterns such as numbers of pupils outside usual age for transfer looking for other schools, or gaps in admissions data between dates when pupils leave one school and apply for another. In addition LEAs should have protocols in place to allow robust follow up of pupils taken off roll, especially where pupils have no school or alternative provision place.

� Close working between Education Welfare Service (EWS) and schools, which could include periodic detailed register checks of schools, matching pupils to ticks on register and investigating reasons for authorised absences and education off-site; LEA using software that allows central access to registers so that EWS/LEA can scrutinise patterns and follow up. In addition EWS should follow up informal intelligence (from parents, pupils, home visits, etc.) about pupils out of school.

� Providing an opportunity for the public to inform the LEA of possible instances of unofficial exclusion: for example, setting up confidential phone lines to pass on information about children out of school.

 

Stopping the practice where it happens

 

If a pupil is excluded unofficially, they are unlikely to have educational provision made for them. Thus unofficial exclusions need to be addressed, because this issue has a direct impact on the Government?s aim to ensure that no child is missing from education.

Thus, we are recommending the following policies and practices to tackle unofficial exclusions where they are identified:

� training for school governors and managers and EWO meetings with all schools to remind of obligations;

� letter to offending school(s) from Senior Education Officer, reminding heads of legal obligations;

� formal feedback to all schools in an LEA, on findings from data or register checks;

� head teachers challenge/support their peers;

� follow-up visits to offending school and an action plan;

� financial sanctions to schools who have taken unofficial permanent exclusion action: for example, taking back Age Weighted Pupil Unit (AWPU), and possibly charging school full cost of provision when pupil discovered and referred on;

 

Where to find more information

 

Examples of early intervention strategies and good practice in managing exclusions can be found at:

www.dfes.gov.uk/exclusions/case/index.cfm

 

Guidance on managing exclusions ?Improving Behaviour and Attendance: Guidance on Exclusion from Schools and Pupil Referral Units?, Ref DfES/0354/2004, available on-line at:

 

www.teachernet.gov.uk/wholeschool/behaviour/exclusion/guidance

 

Printed copies are available from Prolog: 0845 6055560

Guidance on schools pastoral and disciplinary policies can be found in: ?Social Inclusion: Pupil Support?, Ref DfES Circular 10/99, available on-line at:

 

http://www.sln.org.uk/governors/Downloads/Social%20Inclusion.pdf ://http://www.sln.org.uk/governors/Dow...0Inclusion.pdf ://http://www.sln.org.uk/governors/Dow...0Inclusion.pdf ://http://www.sln.org.uk/governors/Dow...0Inclusion.pdf ://http://www.sln.org.uk/governors/Dow...0Inclusion.pdf ://http://www.sln.org.uk/governors/Dow...0Inclusion.pdf ://http://www.sln.org.uk/governors/Dow...0Inclusion.pdf

 

Printed copies are available from Prolog: 0845 6055560

 

 

 

Source

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Phasmid, I am fighting an informal and illegal exclusion (now in 9th week for a Y6 pupil) of a type you have described and the refs have been useful. Do you have any links to Norfolk guidance?

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Hi Sybll. I am sure I will have at home (I'm at work right now).I'll look them up and get back to you later.

Edited by phasmid

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This information was very useful. My sons school have been ringing me to collect him so many times over the last 18 months and i have always picked him up.

 

After reading this i wrote to the school stating it was illegal......Ouch the Head was displeased i knew this information and i no longer collect him from school...

 

Thank you thank you.

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arghhhhhh why did i not have this info weeks ago :(

we have been through numerous of what i know now illegal exclusions from the infant school and now the junior school are getting up to the same old tricks!! wont be for long though as i am about to start standing my ground on this. Thank you so much for the most useful info i have seen on the subject and not to sound horrible but it is nice to know i am not the only one ... no offence to anyone going through it as it is a horrendous time.

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Wonder what the rules are for Scotland???

My YS(8) was excluded for 27.5days in the school year and was on part-time schooling the resty of the time .Part-time as in between 1 - 2 hrs a day. School claimed that he couldn't cope with more hours than this. :wallbash:

 

Next term he will be going to a new school after the holidays in August wre he will be in their Autistic Base - there will be 4 children in the classroom with 2 adults - 1 teacher and 1 SLA - and he will be full-time. Hurray :groupwave:

 

Louise

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As far as I am aware a modified curriculum, i.e. 'informal exclusion' is unlawful even if it is done with the agreement of the childs parents.

 

Schools do have the 'get out' clause of ' if the child remaining in school would be detrimental to his safety or the safety of other pupils or staff then they can be excluded'.

 

having autism or aspergers is not an excuse!

 

Or is it?

 

The school has to have sufficient provision of resources in situ to deal with any SEN child, i.e. a 'quiet room' one to one staff etc.

 

I am currently appealing an exclusion on my son's behalf. I thought that when I appealed it would entail a meeting with the school and someone 'high up' in education. I didn't realise it was practically a legal hearing!

 

with the 'get out' clause that the schools seem to have I don't feel too encouraged about my success but I have to try nonetheless.

 

I'll post the outcome if I can.,

 

MB

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Hi mbrown.I don't know how much support you have in the appeal processs.ACE are very helpful and have a website and telephone helpline.Parent Partnership may also be able to provide advice and support-although some appear more helpful than others ours have always been very good.

I hope that you are more successful than you anticipate you will be.Karen.

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The above-mentioned beautiful lady's husband here!

 

Once again this morning at 10.10am at work I got 'the phone call' to collect the 'boy' from school!!

Wish to God that I'd read the above before going to get him.

 

I knew that it was not quite right that the School has asked us to collect on two occasion, but I didn't know how blatantly they have been flouting the law! :crying:

 

Not having a good day!!

 

Mr.Ediebee

 

 

I know exactly how you feel. The last school that my son was at - we have since removed him as they wouldn't deal with him - used to call me everyday to come and collected him. I had a family link worker who was brilliant and she spoke to the education welfare officer who did a spot inspection at the school, and they were then given in to trouble for breaking the law.

 

When they would call me after that I would ask on the phone if it was an exclusion and if they said no I would tell them I wasn't coming down to fetch him.

In the end I'm glad all these things happened because it meant we then removed my ds and got him into a fantastic school. But he did go through hell for 18 months which was heart breaking.

Good luck - a call to the education welfare officer wouldn't hurt!

 

Allie

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Good News!! With only two weeks to go until the dreaded exclusion appeal hearing I received a letter today from my boy's school saying that the exclusion we were appealing would be removed from his records. It wasn't a complete capitulation on the school's part repeating that the reason for the exclusion was a valid one , but at least the removal of the exclusion, shows that they are willing to compromise.

 

A bit of a relief there.

MB

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We need some advice or information please, our son is statemented, has recently been informally excluded from school on account of his behaviour becoming increasingly aggressive, this was for one day. The annual review of his statement is looming, no dates given yet, does anyone know how easy or common it is for children like ours to be excluded, even when they have LSA support. Thanks anyone.

 

NEVER ever accept an informal exclusion.

all schools try it on. most get away with it.

all it does is mean that they can get away with keeping your child out of school and we no legal recourse. If they want the child out of school then they have to exclude in verbally and then followed up in writing.

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Guest Tracey L

I have just read everything here.

The head teacher at my sons school is not going to " get away with it" anymore.

 

Thank you so much for sharing this. :notworthy:

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I have just read everything here.

The head teacher at my sons school is not going to " get away with it" anymore.

 

Thank you so much for sharing this. :notworthy:

 

Tracy >:D<<'> As you are new here you might not know that the person who posted the original thread is no longer around to respond to your thanks.He passed away a short while ago.

However I am sure he would appreciate your thanks. >:D<<'> >:D<<'>

It is good to know his support lives on.Karen.

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Cassandra

 

all schools try it on. most get away with it.

 

Oh yes, my sons (ex) school said 'he is not being excluded from forest school he is merely not attending!' :wacko:

Edited by justamum

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[/size]thank you thank you thank you!this is exactly what i needed to find out! so sorry the original thread starter has passed away by the sounds of it they have helped a great deal off people.

 

sonj xx

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