School Procedures – Suspensions

Please note:

Schools and local authorities should not adopt a ‘no exclusion’ policy. In some cases, a ‘no exclusion’ policy can present safeguarding issues and expose staff and pupils to unreasonable risks. Instead, schools and local authorities should work to create environments where school exclusions are not necessary because pupil behaviour does not require it.

• The smallest recordable suspension is for half a day. Any amount less than this is still recorded as half a day. Each lunch-time suspension counts statistically as half a day.

• For a suspension of more than five school days, the governing board (or local authority for a pupil suspended from a PRU) must arrange suitable full-time education for any pupil of compulsory school age.

• Regarding the provision of suitable provision for pupils from the sixth day: the chair of the governing board must check that the education provided is suitable and full-time (provision should be on a par with that received by the pupils peers who have not been excluded); that any previous placements have been evaluated, including support for any SEND the pupil may have; check the processes for monitoring attendance and behaviour; check whether the pupil’s child protection file and any other information relevant to the pupil’s safeguarding and welfare has been securely transferred to their new setting as early as possible, in line with: Keeping children safe in education - GOV.UK (www.gov.uk)             

• Whilst the statutory duty on governing boards or local authorities is to arrange full-time education from the sixth day of a suspension or permanent exclusion, there is an obvious benefit to the pupil in starting this provision as soon as possible. In the case of a looked-after child or child with a social worker, the school and the local authority should work together to arrange alternative provision from the first day following the suspension or permanent exclusion.

• Where it is not possible, or not appropriate, to arrange alternative provision during the first five school days of a suspension or permanent exclusion, the school should take reasonable steps to set and mark work for the pupil. Online pathways such as Google Classroom or Oak Academy can be used but schools should ensure that the work set is accessible and achievable by the pupil outside school.

• The governing board must consider and decide on the reinstatement of a suspended pupil if issuing a suspension which would bring the pupil's total number of school days out of school to more than 15 in a term. In this instance a governing board meeting must be convened to consider the reinstatement within 15 school days of receiving notice of the suspension.

• If a pupil is receiving multiple suspensions, alternative strategies should be considered. If a pupil receives 45 school days of suspensions in one school year, no further suspension can be issued. A permanent exclusion is NOT an automatic next step. Where suspensions are becoming a regular occurrence for a pupil, headteachers and schools should consider whether suspension alone is an effective sanction for the pupil and whether additional strategies need to be put in place to address behaviour.

Unlawful suspensions

• It would be unlawful to exclude a pupil simply because they have SEN or a disability that the school feels it is unable to meet, or for a reason such as: academic attainment/ability or the failure of a pupil to meet specific conditions before they are reinstated, such as to attend a reintegration meeting. If any of these unlawful exclusions are carried out and lead to the deletion of a pupil’s name from the register, this is known as ‘off-rolling’. An informal or unofficial exclusion, such as sending a pupil home ‘to cool off’, is unlawful when it does not follow the formal school exclusion process and regardless of whether it occurs with the agreement of parents.

• A further example of off-rolling would be exercising undue influence over a parent to remove their child from the school under the threat of a permanent exclusion and encouraging them to choose Elective Home Education or to find another school place.

• Ofsted Inspectors will make a judgement on the effectiveness of leadership and management of the school, including consideration of any evidence that pupils have been removed from the school roll without a formal permanent exclusion or by the school encouraging a parent to remove their child from the school, and leaders have taken insufficient action to address this.

Please note:

Our advice to schools is that a full investigation should take place before a suspension is issued.  This may mean that the pupil is in isolation until a full investigation is carried out which would then determine the level of sanction.

The law does not allow for extending a suspension or ‘converting’ a suspension into a permanent exclusion. In exceptional cases, usually where further evidence has come to light, a further suspension may be issued to begin immediately after the first period ends; or a permanent exclusion may be issued to begin immediately after the end of the suspension.

Any further period of suspension must be based on new evidence which must not have been available when the decision was made in relation to the initial suspension. Therefore, from the above and our experience of Buckinghamshire Independent Review Panels, a suspension letter should not make any reference to an investigation. 

Cancelling exclusions

The headteacher may cancel a suspension that has already begun, but this should only be done where it has not yet been reviewed by the governing board. Where a suspension is cancelled, then:

• Parents, the governing board, and the LA should be notified without delay and, if relevant, the social worker and VSH.
• Parents should be offered the opportunity to meet with the headteacher to discuss the circumstances that led to the suspension being cancelled and the pupil should be allowed back into school.

Permanent Exclusion

• A permanent exclusion should only be used as a last resort and where other approaches have been exhausted.

Before excluding a pupil, please consider whether exclusion is the

Headteacher decides to issue a suspension:

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

B. Inform LA, parents, social worker/VSH if applicable, in writing using appropriate letter by the end of the afternoon session of the day the suspension occurs – Letters 1 - 4

Letter 1 - Suspension of five or fewer school days in one term and where a public examination is not missed. (Parents’ right to make representations)

Letter 2 - Lunchtime (half-day) suspension totalling up to five days in one term. (Parents’ right to make representations)

 Letter 3 - 5½ - 15 school days in one term (single suspension or cumulative) or where a public examination will be missed. (Meeting of governing board panel no later than 50 school days if parents request it)

Letter 4 - 15½ - 45 school days in one term (single suspension or cumulative). (governing board panel must meet no later than 15 school days whether or not parents request)

C. Arrange for work to be sent home for suspended pupil during days one to five. Arrange suitable full-time education from day six. This must not be a continuation of work being sent home. See note on page 6.

D. Send completed Form XI and copy of the letter sent to parents, social worker and VSH if applicable to the Exclusions & Reintegration Team via exclusions@buckinghamshire.gov.uk without delay.

Meeting of Governing Board panel convened:

A. Clerk to Chair of governing board panel sends Letter 6 (inviting parents). In practice, this is often sent by the school rather than the Clerk. Governors are responsible for ensuring that this invitation is sent so they should make sure that they know who is sending it.

B. LA representative may be invited (in the case of a maintained school or PRU) if school considers it appropriate.

Governing Board panel consider headteacher's action:

A. At conclusion, Clerk sends Letter 8 without delay