The Inclusion Service at BCP Council helps parents and carers understand what happens if their child is excluded from school. We give advice about your rights, including how to appeal the decision. We also make sure that children who are permanently excluded still get an education somewhere else.

All children of compulsory school age have a legal right to receive a full-time education. BCP Council have a legal duty to provide all children and young people in our area with this education unless their parents voluntarily make other arrangements. This is the law under Section 19 of the Education Act 1996 and includes children who cannot attend school due to reasons including illness or exclusion.

The only reason a child can be excluded is because of their behaviour either in or outside of school. It is unlawful to exclude for a non-disciplinary reason. The decision to exclude must be:

• lawful (only suspensions or permanent exclusions, properly implemented, are lawful)
• rational
• reasonable
• fair
• proportionate.

There is currently no legal definition of what a ’full-time’ education is, but children of school age usually receive around 5 hours of education a day for about 190 days a year.

Only the Headteacher or acting Headteacher can exclude a child, and there are strict processes which the school must follow for the exclusion to be considered ‘lawful’. For a permanent exclusion, the child or young person is removed from the school's register, meaning they cannot return to that school unless the school's governing body reinstates them. This is a last resort that only occurs after serious breaches of school discipline policies.

Parents must always be told about an exclusion in writing by the Headteacher. Parents have the right to appeal this decision to a governor's disciplinary panel and should receive support from BCP Council Inclusion Service to arrange alternative education from the sixth day of the exclusion.

Different processes for informing parents must be followed by schools depending on the type and duration of the exclusion. Further information is available from Independent Provider of Special Education Advice (known as IPSEA) on exclusions.

It's best to start by contacting your Special Educational Needs Coordinator (SENCO) at the school. There are organisations that can help you too. See the Independent organisations that can help section.

You will have opportunities to share both yours and your child’s view on the incident and to give the school reasons why they should reconsider their decision to exclude:

1. You are entitled to make ‘written representations’ for any suspension or exclusion. The governing body has a duty to consider these representations. How they exercise this duty depends on the length and nature of the exclusion.
2. If your child is permanently excluded from school, you should be invited to the Governor's meeting, where the Headteacher's decision to permanently exclude is reviewed. You can make verbal or written representations at this meeting.

You also have the right to see your child’s school records, which might be helpful if you are challenging their decision to exclude.

If after considering your representations, the Governing body still does not change the decision to exclude your child then you can ask for this decision to be reviewed by an independent review panel. This request must be made within 15 days of notice being given by the Governing Board of its decision, not to reinstate your child.

If you think/know your child or young person has SEND, then you can ask for a SEN expert to be present at the independent review panel meeting. If the decision still remains to permanently exclude your child, then their education becomes BCP Council's responsibility. We should provide full-time education no later than day 6 of the exclusion.

While no-one wants their child to be permanently excluded, it doesn't mean the end of their education. If they are of compulsory school age (up to 16 years) then then BCP Council must provide an alternative educational provision for them. This could be at another school (mainstream or specialist) or at a Pupil Referral Unit (PRU). As long as they can access education, then they keep their options open for either going onto college or an apprenticeship. There are lots of different types of qualifications, which suit different levels of abilities and learning styles.

Permanent exclusion doesn't have to affect your child’s employability. For a first job the employer might want a reference from your child’s or young person’s place of education, which is something to be aware of but these can be taken from schools attended after the permanent exclusion. It is important for you to know, in case you feel pressured by the thought of a permanent exclusion “on your child’s record”. Services for Young People provide support for young people not in education, employment or training (NEET) - they can help a young person (aged 13 - 19, or up to 24 if they have learning difficulties or disabilities) to get back into education or employment.

A managed move is when a child or young person moves to a new school for a fresh start. This move is voluntary, which means it only happens if everyone agrees — including parents or carers.

It can be used instead of exclusion (being removed from school). With a managed move, there is no exclusion written on the pupil’s school record. Schools must not use the threat of exclusion to pressure parents or carers into moving their child.

If you would like to seek some support yourself, there are some organisations you can try.

SENDiass4BCP

Provide impartial and confidential information, advice and support to parents and carers of children with special educational needs and disabilities (SEND). Click here for more information.

Independent Provider of Special Education Advice (IPSEA)

Provide free and independent legally based information, advice and support to help get the right education for children and young people with all kinds of special educational needs and disabilities (SEND) and exclusion advice. Click here for more information on exclusions.

DfE exclusions and permanent exclusions guidance (PDF 613kb)

This is the guidance given to maintained schools, academies, and pupil referral units in England.

Contact information:

Telephone: 01202 093123

e-mail: schoolinclusion@bcpcouncil.gov.uk