The Headteacher of a school may decide to exclude a pupil for a variety of serious reasons. This decision is the sole responsibility of the headteacher.
Whenever a headteacher excludes a pupil he/she will contact you in writing, setting out the period of the exclusion, the reasons for the exclusion and the proposed date of readmission.
There are 2 types of exclusion, fixed term and permanent.
Fixed Term Exclusions
The headteacher has the power to exclude any pupil who has, in his view, committed a serious offence. No such decision will be taken lightly. A pupil may be excluded for up to a maximum of 45 days in any 1 academic year. In most instances a first exclusion is not likely to be more than 5 days unless the seriousness of the offence warrants it. If a pupil has received the maximum of 45 days exclusion in 1 year and then re-offends, the headteacher will have little choice but to permanently exclude.
Prior to a fixed term exclusion the headteacher is likely to have invited you to contact him/her to discuss the behaviour of your child with a view to improving the situation. Even if the decision to exclude for a fixed term is made by the headteacher, he/she will still remain in contact with you to try to identify joint ways of working to improve your child’s behaviour.
You may wish to consider making an oral or written representation to the governing body. To do this you should contact the headteacher within 7 days of being notified of the exclusion. The governing body will meet to hear your representation and you will be invited to bring a ‘friend’ or representative for support. You also have the right to make representations to the LEA.
Permanent Exclusions
In exceptional cases, headteachers may decide to permanently exclude a child from the school. In most instances the school will have previously implemented various strategies to support your child.
A decision by the headteacher to permanently exclude will be followed by a meeting of the Discipline Committee of the governing body to either:
a) reinstate the permanently excluded pupil
b) confirm the headteacher’s decision to exclude.
You will be invited to this meeting and you will be invited to bring a ‘friend’ or someone you would like to speak for you. You should receive any relevant papers at least 48 hours in advance of the meeting. You may wish to submit a written statement to the governing body, which must be sent at least 48 hours before the meeting.
If the governing body decides to confirm the decision of the headteacher you have the right to appeal. You should do so as soon as possible after the decision of the governing body although you have up to 15 days to make a decision. Any appeal received after that time will not be considered. To make an appeal to an Independent Appeal Committee you should write to the Chief Executive’s Department, Committee Services, Council House, Dudley, DY1 1HF for the attention of Richard Sanders, giving your reasons for appealing against the governors’ decision.
In the case of Voluntary Aided, Special Agreement or Foundation School you should write to the Clerk of the Governing Body of the school giving your reasons for appealing.
You will be invited to attend a meeting of the Independent Appeal Committee. After considering your views, the views of the governing body of the school and Children Services, the Committee will make a decision and inform you of it. This decision is final and binding on all parties.
If you consider that the manner in which the Independent Appeal Committee has dealt with your appeal has been such as to amount to maladministration, which has caused you injustice, you make a complaint to the Local Government Ombudsman. If you consider that either Children Services or governing body have acted unreasonably in the performance of any duty of have failed to carry out any duty in relation to the exclusion, you may complain to the Secretary of State. If the Secretary of State considers that Children Services or governing body have acted unreasonably or failed in a duty he may have a direction binding on Children Services or governing body as appropriate.
Where a permanent exclusion is confirmed by a governing body and the Independent Appeal Committee, it is your duty to find your child an alternative school. Failure to actively pursue an alternative school placement could result in prosecution under Section 199 of the 1993 Education Act. However, through what is clearly a difficult period for parents, the Exclusion Officer of Children Services will provide assistance in finding an alternative school. In such cases you should contact 01384 814394 in the first instance or email School.Exclusion@dudley.gov.uk or
contact us using our online form.
