School Procedures – Permanent Exclusion

The Governing Board panel, the LA, and where relevant the VSH and social worker must, without delay, be informed of:

• all suspensions, no matter the length
• all permanent exclusions
• exclusions which will result in the pupil missing a public examination

Headteacher decides to exclude permanently:

A. Contact Exclusions & Reintegration Team on 01296 382835.

B. Contact the child’s social worker, if applicable, and the VSH if the child is CLA.

C. Headteacher to inform parents by telephone or face-to-face.

D. Inform parents in writing by the end of the afternoon session of the day the exclusion occurs using Letter 5.

E. Arrange for work to be set for excluded pupil for days 1 – 5.

F. The LA will provide education from the sixth day of a permanent exclusion.

G. Send completed Form XI to the Exclusions & Reintegration Team and a copy of Letter 5 to the Exclusions & Reintegration Team via exclusions@buckinghamshire.gov.uk and to parents, social worker and VSH if applicable – on the day of the PX.

H. Complete and return the Fair Access Board ‘Information Sharing Proforma/Risk Assessment’ form, when received from the LA with acknowledgement letter.

Governing board panel meeting convened no later than 15 school days from notice of exclusion to consider whether to offer reinstatement:

A. In preparation for the governing board meeting, witness statements can be gathered from the headteacher, the pupil’s teachers, the designated safeguarding lead, the pupil themselves, witnesses, the pupil’s parent(s) and if applicable, the designated teacher for looked-after children. Where possible, written statements should also be gathered from the pupil’s social worker, and for looked-after children the area’s VSH.

B. A parent may invite a representative of the LA to attend a meeting of an Academy’s governing board as an observer; that representative may only make representations with the governing board’s consent. The child’s social worker must be invited in person or remotely and the VSH if the child is a CLA. See DfE Suspension and Permanent Exclusion Guidance for further information.

C. Clerk to Chair of governing board panel (or the school on their behalf) invites parents to the meeting - Letter 7. Governors are responsible for ensuring that this invitation is sent so they should make sure that they know who is sending it.

At the meeting, the governing board panel considers representations made and decides whether or not to offer reinstatement:

• At the conclusion of the meeting, governors reach their decision, and the Clerk sends Letter 9 (if reinstatement is not offered) or Letter 10 (if reinstatement is offered). Letter 9 must include information on the parents’ right to request an IRP.
  
  
• The governing board must notify parents or the pupil if they are 18 years or over, the     headteacher, and where relevant, the pupil’s social worker and/or the VSH of its decision, and the reasons for their decision, in writing and without delay.
  
  

Exclusions & Reintegration Team respond to actions of governing board:

• If reinstatement is not offered, the E&R Team writes to parents advising them of how to request an Independent Review - copy to headteacher and Chair of governing board.

If the governing board does not offer reinstatement:

• Parents may appeal to an Independent Review Panel. The request for this must be received within 15 school days from the parent receiving notification from the governing board of their decision not to offer reinstatement.  Where the notice is sent by first class post, it is treated as having been given on the second working day after it was posted.
  
  
• When attending an IRP, the VSH/social worker should focus on helping the panel consider whether the child's background and educational needs were considered by the headteacher in the lead up to the permanent exclusion, including whether any additional support for the pupil could be provided to improve their behaviour and avoid exclusion where possible.
  
  
• If the VSH/social worker believes that this was not the case, they should, where possible, advise the panel on the contribution that the pupil’s needs could have made to the circumstances of the pupil’s permanent exclusion.
  
  

The Independent Review Panel can: 

• uphold the governing board’s decision;
• recommend that the governing board reconsiders reinstatement; or
• quash the decision and direct that the governing board reconsiders reinstatement.

If the IRP upholds the governor’s decision not to offer reinstatement, the pupil remains permanently excluded. 

• If the Independent Review Panel recommends that the governing board reconsiders its decision not to offer reinstatement, the governors must reconvene to review their decision within 10 school days of being given notice of the panel’s decision.
• It is not necessary to repeat the whole meeting, but the governors should conscientiously reconsider whether the pupil should be reinstated.
• They can decide to offer reinstatement or confirm their previous decision not to offer reinstatement however the governing board may face challenge in the courts if it refuses to reinstate the pupil, without strong justification.

• In the case of an academy, the school would be required to make an equivalent payment directly to the local authority in which the school is located. This payment will be in addition to any funding that would normally follow an excluded pupil.

• If the Independent Review Panel quashes the decision of the governing board meeting, and direct that the governing board reconsiders reinstatement, the governors must reconvene to review their decision within 10 school days of being given notice of the panel’s decision. 
• It is not necessary to repeat the whole meeting, but the governors should conscientiously reconsider whether the pupil should be reinstated.
• They can decide to offer reinstatement or confirm their previous decision not to offer reinstatement however the governing board may face challenge in the courts if it refuses to reinstate the pupil, without strong justification.
• Following a direction to reconsider, unless within ten school days of receiving notice of the panel’s decision, the governing board decides to reinstate the pupil an adjustment may be made to the school’s budget in the sum of £4,000 if the panel has ordered this.

Acquiring a new school placement for a pupil where Permanent Exclusion has been upheld

• Parents will need to make an in-year application via the preferred school’s admission process or via Buckinghamshire Council Admissions Team.
• The Fair Access Protocol may be used to place vulnerable or hard to place pupils where they are having difficulty in securing a school placement.