trisher The School Exclusion Project www.schoolexclusionproject.comgives this advice to head teachers:
Golden Rules of Permanent Exclusion for Head teachers:
Permanent exclusions should only take place 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 in the school.
All exclusions must follow the correct procedure as set out in the Department for Education’s Statutory Exclusion Guidance.
All exclusions must be officially recorded as exclusions.
All exclusions must be for disciplinary reasons only.
All schools must have a behavioural policy for pupils to follow.
Head teachers should, as far as possible, avoid permanently excluding looked after children.
Head teachers should, as far as possible, avoid permanently excluding children with statements of/ EHC plans for special educational needs.
Pupils cannot be excluded for poor academic attainment or for reasons relating to actions of their parents.
The head teacher’s decision to exclude must be taken on the ‘balance of probabilities’. That means that it is more likely than not that the pupil did what they are accused of.
Head teachers must not send a pupil home to ‘cool off’ even if parents or carers agree; this would amount to an unofficial and therefore unlawful exclusion.
Head teachers must give a pupil the opportunity to share their views.
If a child with SEN is showing poor behaviour or is at risk of exclusion, the head teacher must look first at what additional support could reasonably be put in place.
Head teachers must demonstrate to the Governors that their school is already using a range of strategies to support this pupil.
Head teachers must find out if there is anything that hasn’t already been mentioned at school by other members of the school community that will help them come to the right decision.
Head teachers should look at providing extra support to groups who are known to be at a greater risk of exclusion.
At the PRU we argued that a child with a statement who was showing behaviour problems required a review of statement to see if the right provision was being made. If a child is given a fixed-term exclusion, the school is responsible for setting and marking work for the first 5 days. From the sixth day of the exclusion the school is responsible for arranging alternative full time education.
Quite often schools were in breach of the ban on unofficially sending a child home. Headteachers don't seem to believe that it is unlawful.