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Exclusions

The prevention and management of suspensions and permanent exclusions in schools

The Gloucestershire County Council exclusions packs are designed to help schools apply statutory guidance and to provide additional information about Gloucestershire's policies and procedures relating to preventing and managing exclusions.

The packs are updated each year and should be read in conjunction with current DfE guidance - https://www.gov.uk/government/publications/school-exclusion

Government’s exclusion guide for parents: https://www.gov.uk/government/publications/school-exclusions-guide-for-parents

The purpose of this protocol is to prevent permanent exclusions of Children in Care in Gloucestershire mainstream and special schools; it provides an alternative to permanent exclusions. This protocol seeks to ensure a multi-agency approach to meeting the social, emotional and behavioural needs of these pupils. This protocol is now part of the GCC Exclusions Guide for head teachers.

CIC documents can be found here: https://www.gloucestershire.gov.uk/vschool/policies-procedures-and-resources/virtual-school-policy-useful-guidance-and-documents/


Unlawful Exclusions

It is unlawful to...

Initiate Graduated Pathway and if appropriate seek support from external agencies - Use ready reckoner to find the appropriate external agency.

 

Appropriate services could include-

  • Advisory Teaching Service (ATS)
  • Educational Psychology Service (EPS)
  • Education Inclusion Service (EIS)
  • School Nurse Service
  • Occupational Therapist (OT)
  • Speech and Language Therapist (SALT)
  • Children & Adolescent Mental Health (CAMHS)
  • Early Help Co-Ordinator (EHCO)

 

Hold a team around the child (TAC) meeting to review the provision in place for a pupil and look at strategies to support the pupil so that needs can be met in an effective and timely manner.

 

Undertake an assessment of need from information in school and information provided by parents/child, initiate My Assessment if appropriate.

 

If a child has a medical condition an Individual Healthcare Plan should be considered and appropriate medical professionals consulted to ensure they can play a full and active part in school life, stay healthy and fulfil their potential.

 

If the child has an EHCP then contact the EHCP Caseworker about holding an emergency annual review.

Initiate Graduated Pathway and if appropriate seek support from external agencies- Use ready reckoner to find the appropriate external agency.

 

Appropriate services could include-

  • Advisory Teaching Service (ATS)
  • Educational Psychology Service (EPS)
  • Education Inclusion Service (EIS)
  • Occupational Therapist (OT)
  • Speech and Language Therapist (SALT)

 

Undertake an assessment of need from information in school and information provided by parents/child, initiate My Assessment if appropriate.

Seek support from external agencies- Use ready reckoner to find the appropriate external agency.

Appropriate services could include-

  • Early Help Coordinator (EHCO)
  • Police
  • Duty Social Worker
  • Multi Agency Safeguarding Hub (MASH)

 

Refer to DfE guidance for schools if concerns relate to the behaviours of parents:

 

Best practice guidance for school complaints procedures 2020

 

Advice on school security: Access to, and barring of individuals from, school premises

Seek support from the Education Inclusion Service to look at best practice regarding reintegration and inclusive processes.

 

It is recommended to offer a reintegration meeting to parents and child to develop a joint support plan moving forward. However, the child’s return cannot be conditional to parental attendance at this meeting.

Carry out appropriate risk assessment and put actions in place to mitigate any unnecessary risk to pupils and staff.

Initiate Graduated Pathway and seek support from external agencies- Use ready reckoner to find the appropriate external agency.

Appropriate services could include-

  • Education Inclusion Service (EIS)
  • Restorative Practice Team (RP)
  • Gloucestershire Police – Schools Beat / Aston Project
  • Youth Support Team (YST)

In situations where a school believes a child needs to be sent home, a suspension must always be issued. This is the case even if a school has phoned a parent to come into school and the parent is in agreement with taking the child home.

To reduce the risk of this occurring, Initiate Graduated Pathway and if appropriate seek support from external agencies- Use ready reckoner to find the appropriate external agency.

Appropriate services could include-

  • Advisory Teaching Service (ATS)
  • Educational Psychology Service (EPS)
  • Education Inclusion Service (EIS)

 

Undertake an assessment of need from information in school and information provided by parents/child, initiate My Assessment if appropriate.

In rare situations, with professional advice (e.g. Pediatrician, CAMHS) it may be necessary to put in place a plan which includes a child being allowed home when required. For example a child with a severe medical condition may need to be collected on short notice.  However – this must be part of a prearranged plan and supported by medical evidence.

There is no legal definition of off-rolling but Ofsted defines off-rolling as - ‘the practice of removing a pupil from the school roll without using a permanent exclusion, when the removal is primarily in the best interests of the school, rather than the best interests of the pupil. This includes pressuring a parent to remove their child from the school roll.’

Schools should not pressure families to take their children out of school to avoid an exclusion – many parents simply do not want a permanent exclusion on their child’s record. This is a clear example of off-rolling and is never acceptable, as the statutory guidance on exclusions makes clear. Exclusions rightly go through a robust process to make sure that they are justified. Avoiding this is not fair to pupils or parents.

 ‘A pupil at any type of school can also transfer to another school as part of a ‘managed move’ where this occurs with the consent of the parties involved, including the parents and the admission authority of the school. However, the threat of exclusion must never be used to influence parents to remove their child from the school.Exclusion from Maintained Schools, Academies and Pupil Referral Units (2022) ‘If these moves are used in pupils’ best interests, with the agreement of everyone involved within the statutory guidance, this is not off-rolling.’ Dan Owen HMI, Specialist Adviser. However, if parents feel pressured into accepting a managed move this could be constituted as off-rolling

In Gloucestershire we encourage families to make an informed decision regarding home education. Schools should not encourage or coerce a parent to de-register their child from school for the purposes of elective home education (EHE) and equally, school should not create any barriers or seek to dissuade a parent once they have decided to home educate their child. If parents enquire about or indicate they are considering elective home education, schools should offer support and information.  Exit discussions can be offered whereby the parents, school and LA meet to discuss what home education involves and creates an opportunity for parents to ask any questions prior to making a decision.  In addition, parent advisers at Gloucestershire County Council (01452 426015) can advise parents about the EHE process including providing information about what home educating entails and the legal responsibility they are taking on. Further information and guidance for parents can be found here.

If a parent believes that they are being pressured into a managed move or is unhappy with a managed move, they can take up the issue through the school’s formal complaints procedure with the governing board and, where appropriate, the local authority. Within the school inspections framework28, under leadership and management, Ofsted will consider any evidence found of a parent being pressured into a managed move that has resulted in off-rolling and is likely to judge a school as inadequate on the basis of such evidence.

Where a school directs a child off- site, for education to improve their behaviour, such as APS, the child must remain on the schools roll as their main base with the APS being subsidiary dual registered. The school retains overall responsibility for the child including safeguarding.  the In these situations the Part Time Timetable will need to be reported following guidance on Schoolsnet found here.

The prescribed grounds by which the name of a pupil of compulsory school age can be deleted from the admission register can be found here.


Notification of exclusions

The Head teacher must, without delay, notify the Local Authority of:

  • Any permanent exclusion (including where a suspension is followed by a decision to permanently exclude the pupil);
  • Any suspension - regardless of the length of the suspension

Notifications must include the reason(s) for the exclusion and the duration of any suspension.

Where a child has a social worker, they must also be notified without delay.

For a permanent exclusion, if the pupil lives outside the Local Authority area in which the school is located, the Head teacher must also notify the pupil’s ‘home authority’ of the exclusion and the reason(s) for it without delay.

From September 2020 Gloucestershire County Council will be using a new online system called JADU to notify of permanent exclusions.

Details have been emailed to each school individually as to how access this online form. If this information is required again, please contact:

sctpex@gloucestershire.gov.uk

Any suspension must be reported without delay at the time of issuing.

There are two ways to report suspensions to Gloucestershire County Council.

The school can choose to either -

or

  • Email a copy of the suspension notification letter sent to parents*

To report a suspension the completed spreadsheet or copy of letter will need to be emailed securely to schoolexclusions@gloucestershire.gov.uk

*Please note the letter to parents must contain the following information to be accepted as a method of reporting - start and end date of suspension, number of days suspended and the appropriate DFE reason code from the list below.

PP: Physical assault against a pupil
PA: Physical assault against an adult
VP: Verbal abuse/threatening behaviour against a pupil 
VA: Verbal abuse/threatening behaviour against an adult
OW: Use or threat of use of an offensive weapon or prohibited item
BU: Bullying
RA: Racist abuse
LG : Abuse against sexual orientation and gender identity
DS : Abuse relating to disability
SM : Sexual misconduct 
DA : Drug and alcohol related 
DM : Damage
TH : Theft
DB : Persistent disruptive behaviour
MT : Inappropriate use of social media or online technology
PH: Wilful and repeated transgression of protective measures in place to protect public health