Buckinghamshire Council guidance is written to be referred to alongside the DfE Suspension and Permanent Exclusion Guidance August 2024: DfE Suspension and Permanent Exclusion Guidance

It is important for schools to consider the following guidance:

• Behaviour in Schools - Advice for headteachers and school staff (publishing.service.gov.uk)
• Keeping children safe in education - GOV.UK (www.gov.uk)
• Mental health and behaviour in schools (publishing.service.gov.uk)

 

Links to other relevant supplementary guidance can be found in ‘Annex B’ on page 77 of the statutory guidance here:  DfE Suspension and Permanent Exclusion Guidance

 

Terms

The term ‘suspension’ is a reference to what is described in the legislation as an exclusion for a fixed period.

The term ‘headteacher’ in this document means the headteacher of a maintained school, the teacher in charge at a PRU and the principal of an academy.

The term ‘governing board’ means the governing board of a maintained school, the management committee of a PRU and academy trust.

 

Update to previous guidance

This Buckinghamshire Council guidance has been updated to reflect the specific changes made to the legislation governing the disciplinary school suspension and permanent exclusion process.

• A technical update has been made to the DfE guidance in 2024 to reflect the School Attendance (Pupil Registration) (England) Regulations 2024. The School Attendance (Pupil Registration) (England) Regulations 2024 (legislation.gov.uk)
  
  
• Further information is set out in DfE Suspension and Permanent Exclusion Guidance

*We would recommend that you consult the Exclusions & Reintegration Team for advice before deciding to issue a permanent exclusion.

The DfE Suspension and Permanent Exclusion Guidance August 2024 states: -

A permanent exclusion is when a pupil is no longer allowed to attend a school (unless the pupil is reinstated). The decision to exclude a pupil permanently should only be taken:

• in response to a serious breach or persistent breaches of the school's behaviour policy; and
• where allowing the pupil to remain in school would seriously harm the education or welfare of the pupil or others such as staff or pupils in the school.

You must be able to demonstrate that BOTH factors are taken into account before the decision to permanently exclude is made.

Download the checklist here 

Please note:

According to the DfE Suspension and Permanent Exclusion Guidance August 2024, types of circumstances that may warrant a suspension or permanent exclusion includes the: - Use, or threat of use, of an offensive weapon or prohibited item that has been prohibited by the school’s behaviour policy (not merely possession of said item).

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

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.

Download the School Procedures: Checklist to Monitor Suspension or Permanent Exclusion

Download the Notification to LA: Permanent/Suspension/Lunchtime Suspension

Codes – Ethnic Origin 

Please enter one of the following categories:

AAO      - Any other Asian Background

ABA      - Bangladeshi

AIN       - Indian

APK      - Pakistani

BLB       - Black Caribbean

BLF       - African

BLG       - Any other Black background

CHE      - Chinese

MBA     - White/Black African

MOT     - Any other Mixed background

MWA   - White/Asian

MWB   - White/Black Caribbean

NOT      - Info not obtained

OEO      - Any other Ethnic Group

REF       - Refused

WHA    - Any other White background

WHB    - White British

WHR    - Irish

WHT     - Traveller Irish Heritage

WRO    - Roma/Roma Gypsy

This information is essential to enable Exclusions & Reintegration Team to meet its requirements to monitor and report upon suspensions and permanent exclusions.

Following the expansion of the categories and the collection of multiple reasons, ‘Other’ can no longer be recorded as category for suspensions or permanent exclusions.

Schools can select up to three categories. However, schools should only select more than one reason where it is appropriate. Where the description is covered in more than one category, please record all reasons that apply, such as ‘Bullying’ and ‘Racist abuse’ when racist bullying has taken place.

Please note: There is no requirement to order the reasons, which will be presented as unweighted counts in statistical outputs.

 

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 which could be used as a weapon

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

 

Register Coding

It is important to use the correct Register code throughout the suspension and permanent exclusion process and to understand when a pupil can be removed from the school roll.

Suspension:

• The pupil should be E coded for any days of a suspension.

 

Permanent Exclusion:

• The pupil should be E coded for the first five days of the exclusion whilst work is sent home by the school.
• Once alternative provision is made (for example at the PRU), the pupil should be D coded from the start of this provision. This is usually from the sixth day after the exclusion was issued.
• If sixth day provision is not in place, the pupil will continue to be E coded until provision is made.

 

When to Remove a Pupil from the School Roll

• The pupil must remain on the school roll throughout the exclusion process.
• The pupil will become dual-registered once the PRU (or similar) provision is in place.
• Following the governing board meeting, the parents have 15 school days in which they can request an Independent Review Panel. The pupil must remain on the school roll during this period unless the parent states in writing that they are not going to request an IRP.
• Once the 15 days has elapsed, if no request has been made for an IRP, the pupil can be removed from the school roll. You will be notified of this date by the Exclusions & Reintegration Team’s Business Support Specialist.
• If the parent does request an IRP, the pupil must remain on roll at the school until that meeting has taken place and the outcome is known.
• If the IRP directs the governors to re-consider their decision, the pupil must remain on roll until the governors have done this (within the 10 days allowed for this).
• If the governors do not offer to reinstate the pupil, the school can remove the pupil from the school roll. You will be notified of this date by the Exclusions & Reintegration Team’s Business Support Specialist.

You may choose to write your own letters, but you must ensure the wording incorporates all the points covered by the DfE Suspension and Permanent Exclusion Guidance August 2024.

If you have saved letters from previous versions of this Guidance, please ensure that these are deleted and replaced with the new letters that follow.

Where the parents’ first language is not English, consideration should be given, where practicable, to translating the letter or taking additional steps to ensure that the details of the suspension or permanent exclusion and their right to make representations to the governing board have been understood.

LETTER 1 - Suspension of five days or fewer

From Headteacher – to be sent on the day of the suspension following telephone or face-to-face notification to the parent by the headteacher. Copy to be sent to the E&R Team together with Form XI (page 16 above) via email to exclusions@buckinghamshire.gov.uk. Copy of letter to be sent to the VSH and/or social worker if applicable.

LETTER 2 - Lunchtime only suspension totalling no more than five days (each lunchtime suspension counts as half a day).

From Headteacher – to be sent on the day of the suspension following telephone or face-to-face notification to the parent by the headteacher. Copy to be sent to the E&R Team together with Form XI (page 16 above) via email to exclusions@buckinghamshire.gov.uk. Copy of letter to be sent to the VSH and/or social worker if applicable.

LETTER 3 - Suspension of 5½ - 15 days in one term

From Headteacher – to be sent on the day of the suspension following telephone or face-to-face notification to the parent by the headteacher. Copy to be sent to the E&R Team together with Form XI (page 16 above) via email to exclusions@buckinghamshire.gov.uk. Copy of letter to be sent to the VSH and/or social worker if applicable.

LETTER 4 – Where cumulative suspensions in the same term are 15½ days or more

From Headteacher – to be sent on the day of the suspension following telephone or face-to-face notification to the parent by the headteacher. Copy to be sent to the E&R Team together with Form XI (page 16 above) to exclusions@buckinghamshire.gov.uk. Copy of letter to be sent to the VSH and/or social worker if applicable.

LETTER 5 - For a Permanent Exclusion

From Headteacher – to be sent on the day of the exclusion following telephone or face-to-face notification to the parent by the headteacher. Copy to be sent to the E&R Team together with Form XI (page 16 above) to exclusions@buckinghamshire.gov.uk. Copy of letter to be sent to the VSH and/or social worker if applicable.

LETTER 6 – Parents’ invitation to the governing board meeting for suspension/suspensions of 5½ days upwards

FROM CLERK TO THE GOVERNING BOARD (In practise, this letter is very often sent by the school. Ensure you know who is sending it.) Copy of letter to be sent to the VSH and/or social worker if applicable.

LETTER 7 – Parents’ invitation to the governing board Permanent Exclusion Hearing

LETTER FROM CLERK (or sent by school) Copy of letter to be sent to the VSH and/or social worker if applicable.

LETTER 8 – To parents informing them of the outcome of the governing board hearing for a suspension of 5 ½ days or more.  A copy of this should also be sent to the child’s social worker, if applicable.

LETTER 9 – To parent informing them of the governing board’s decision not to reinstate the pupil. A copy of this should also be sent to the child’s social worker, if applicable.

 LETTER FROM CLERK  Please note: it is important that the reasons given for deciding not to reinstate a pupil are given in sufficient detail that the governing board’s reasoning is clear. It must also refer to both of the required elements (serious breach or persistent breaches AND where allowing the pupil to remain would seriously harm the education or welfare of the pupil or others). Failure to do so may result in an IRP, if requested, quashing the governing board’s decision.

LETTER 10 – To the parent of a permanently excluded pupil informing them of the governing board’s decision to direct reinstatement.  A copy of this should also be sent to the child’s social worker, if applicable.

LETTER 11 – To the parent of a permanently excluded pupil informing them of the governing board’s decision to offer reinstatement following reconsideration after the direction or recommendation of an Independent Review Panel. A copy of this should also be sent to the child’s social worker, if applicable.

LETTER 12 – To the parent of a permanently excluded pupil informing them of the governing board’s decision not to offer reinstatement following reconsideration after the direction or recommendation of an Independent Review Panel. A copy of this should also be sent to the child’s social worker, if applicable.

LOCAL AUTHORITY CONTACTS                                                                                               

Gareth Drawmer, Head of Achievement and Learning                                                                                                                                                                                                                                     01296 387762

                                                                                              

EXCLUSIONS & REINTEGRATION:

James Fowler - Education Entitlement Manager                           
01296 383963

Pippa Tolfree - Exclusion and Reintegration Officer                                                                    
01296 387147             

(Secondary/Primary – North Bucks)                                                                                   

Rose Lindsay - Exclusion and Reintegration Officer                           
01296 382024

(Secondary/Primary - South/Central Bucks)                              

Berni Little - Exclusion and Reintegration Officer                
01296 382117

(Secondary/Primary – Chilterns & South Bucks)                

Lynn Osman - Business Support Specialist                                                                                                                                                                                                                                        
01296 382835

 

Schoolsweb link: https://schoolsweb.buckscc.gov.uk/

(You will need a SchoolsWeb log-on and password to relevant information)

 

SEN:

Telephone: 01296 382269                    
Email: sen@buckinghamshire.gov.uk

Or contact your allocated EHC Coordinator directly

 

LOCAL AUTHORITY DESIGNATED OFFICERS (LADO):

Telephone: 01296 382070    Email: secure-lado@buckinghamshire.gov.uk

 

EDUCATION SAFEGUARDING ADVISORY SERVICE (ESAS):

Telephone: 01296 382912    Email: esas-secure@buckinghamshire.gcsx.gov.uk

 

COUNTY ATTENDANCE TEAM:

Telephone: 01296 383954     Email: countyattendanceteam@buckinghamshire.gov.uk

 

BUCKINGHAMSHIRE FAMILY INFORMATION SERVICE:        

Family Information Service | Buckinghamshire Family Information Service

                                    

Virtual School (Education of Children in Public Care):

The Virtual School | Family Information Service (buckinghamshire.gov.uk)                                        

Email: thevirtualschool@buckinghamshire.gov.uk

 

SEND IAS (Special Educational Needs and Disability Information, Advice and Support Service):

SENDIAS Buckinghamshire Council

Telephone: 01296 383754    Email: sendias@buckinghamshire.gov.uk