Freedom of information response

Exclusion from school

Publication date: 
Monday 20 January 2020
Request: 

Internal and External (Including to AND from schools and other Local Authorities) guidance, advice, policy, direction regarding the interpretation of the Statutory guidance on the exclusion of pupils from local-authority-maintained schools, academies and pupil referral units.

Specifically, I would like all information relating to the Local Authorities view (as expressed via email/publications/memos/internal documents) on whether the GDC are required to review ALL permanent exclusions OR only those NOT rescinded by the Head teacher.

Response: 

We have no additional policies/guidance relating to the DFE Statutory guidance on the exclusion of pupils from local-authority-maintained schools, academies and pupil referral units.

This is a statutory document and we expect all Schools and Academies to comply. The guidance is clear and requires no interpretation.

A local authority representative is trained and assigned to give guidance to schools, and parents, in the legal requirements of the exclusion process should clarification be required.

In accordance to the statutory guidance ALL permanent exclusions MUST be reviewed. (Section 51A Education Act 2002 and regulations made under that section, as well as the School Governance (Roles, Procedures and Allowances) (England) Regulations 2013.)  

Para 55 of the DFE Statutory guidance on the exclusion of pupils from local-authority-maintained schools, academies and pupil referral units.

The governing board must consider the reinstatement of an excluded pupil within 15 school days  of receiving notice of the exclusion if:

• the exclusion is permanent;

• it is a fixed-period exclusion which would bring the pupil's total number of school days of exclusion to more than 15 in a term; or

• it would result in a pupil missing a public examination or national curriculum test.

If a permanent exclusion has been rescinded by the Head teacher then it is not a permanent exclusion therefore does not need to be reviewed by the governing body  (unless it meets the requirement of the second bullet point above).

The head teacher can only rescind his/her decision to permanent exclude prior to the Governing Body meeting (not once, the governing body hearing has commenced)

Para 5 of the DFE Statutory guidance on the exclusion of pupils from local-authority-maintained schools, academies and pupil referral units.

2. The head teacher may withdraw an exclusion that has not been reviewed by the governing board.

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Where the copyright is owned by Thurrock Council, you must apply to the Council to re-use the information. Please email information.matters@thurrock.gov.uk if you wish to re-use the information you have been supplied. For information where the copyright is owned by another person or organisation, you must apply to the copyright owner to obtain their permission.

Request reference:
FOI 9667