Exclusions

Frequently Asked Questions

Every school must have a behaviour policy, which sets standards of behaviour. This will outline the sanctions that will be used should a child's behaviour be deemed unacceptable. You will be able to obtain a copy of this policy from the school.

Q. How do I find out if my child is excluded?
A. You will receive a letter from the Head teacher of the school, usually on the day that the exclusion takes effect. This letter will tell you the length of the exclusion and the reason for it. It will also outline the strategies already used by the school in trying to avoid an exclusion and tell you of your right to "make representations" and inform you about the arrangements for your child to undertake schoolwork.

Q. What does "make representations" mean?
A. It means you can state your views about the exclusion to the school's Governing Body. Representations will need to be in writing.

• In the case of exclusions of between 6 and 15 school days in total in a school term or where the exclusion will result in your child missing the opportunity to sit a public examination. The Governing Body must meet between the 6th and 30th school day from the start of the exclusion;
• For an exclusion of over 15 school days the Governing Body must meet between the 6th and 15th school day after the start of the exclusion - to consider the exclusion regardless of whether representations have been made and, where practicable, decide whether the pupil should be reinstated.
• The Governing Body will only meet in cases of exclusions of 5 days or less following the receipt of representations. Where the Governing Body is required to meet to consider the exclusion, details about the meeting and procedures will be sent to the parent separately. There is no formal timescale, but if the exclusion causes the pupil to miss sitting a public examination the Governing Body should try to meet before the public examination.

A fixed term exclusion means that your child is having serious behaviour problems. Even if you have not been asked to go to school or do not wish to "make representations", you may still wish to contact the Head teacher, or a member of staff to discuss your child's behaviour. At this meeting you can discuss ways to help and support both your child and the school.

Q. Who will sit on the Governing Body meeting?
A. At any pupil exclusion meetings the Governing Body will be represented by three or five of the school's governors. They will have the authority to act on behalf of the full Governing Body.

Q. What decisions can the Governors make?
A. In very short exclusions (5 days or fewer) the governors have no power to change the Head teacher's decision. They can, however, express their views on the matter and this may affect future policies at the school.

In exclusions of over 5 days, or where the pupil has been excluded in total for more than 5 days in that term or where the exclusion would result in the pupil missing the opportunity to sit a public examination, the governors do have the power to "direct reinstatement". This means they can insist the pupil return to school, either immediately or on a specified date. In some short-term exclusions the pupil may have already returned to school before the Governing Body have met, however, parents may still wish to make their views known to the Governing Body.

Q. If the governors uphold permanent exclusion, is there anything else I can do to return my child to school?
A. You can appeal to an Independent Appeal Panel. You have 15 school days to lodge an appeal after you receive confirmation from the Discipline Committee that they have upheld the Head teachers decision to permanently exclude your child. Further details can be obtained from the Local Authority.

Q. Does the Local Authority (LA) have any powers?
A. No. However, the LA representative will also be invited to attend the meeting of the Governing Body. The LA may make its own representation to the meeting when the Governing Body is considering whether to uphold the exclusion.

You should be aware that in practice it is impossible for the LA to be represented at every meeting discussing fixed period exclusions unless there is a specific and special reason. The LA is able to offer advice on the exclusion process to both parents and schools.

Further advice is available from: Exclusions Officer, Inclusion and Access, Education and Children's Services at exclusions@solihull.gov.uk or from telephone number 0121 704 6768.

Q. Can my child be excluded with immediate effect?
A. Yes. You may be asked to keep your child at home immediately after the decision to exclude is made. Parents are now responsible for keeping children indoors during the first 5 days of any exclusion i.e. parents of the excluded pupil must ensure that he/she is not present in a public place during normal school hours without reasonable justification.  This requirement applies whether or not the pupil is in the company of the parent.  A failure to comply with this requirement is an offence.  Parents can be prosecuted, or may be given a fixed penalty notice if they fail to do this.

Q. Will the school provide work for my child to do at home?
A. During the first 5 days of any exclusion the school is responsible for making sure that work is available to be undertaken at home and to ensure that it is marked. However, there is a parental responsibility to ensure that this work is collected and returned. You will therefore have to make your own arrangements to collect and return this work to school. The initial exclusion letter from the school should explain the arrangements at your child's own school.

Fixed term:  Where a pupil is given a fixed term exclusion of a duration of 6 school days or longer, the school has a duty to arrange suitable full-time educational provision from and including the 6th school day of the exclusion. For example, if a pupil receives a fixed term exclusion of 7 school days, the school will have a duty to arrange suitable full-time provision from and including the 6th school day.

Permanent:  From the 6th school day of a permanent exclusion, the Local Authority is statutorily responsible for ensuring that suitable full-time education is provided.

Q. Does my child return to school as normal following a fixed term exclusion?
A. The Head teacher must arrange a reintegration interview with parents during or following the expiry of:

• Any fixed term exclusion of a primary-aged pupil
• Any fixed term exclusion of 6 or more school days of a secondary-aged pupil.
  The pupil should normally attend all or part of the interview and at least one of the child's parents is expected to attend the meeting.  The interview should be conducted by the Head teacher or a senior member of staff and wherever possible it should be held on the day the pupil returns to school.

Q. If my child has been excluded for a fixed period, does this mean he/she must be permanently excluded next time?
A. No. However, if the Head teacher considers a "one-off" incident to be sufficiently serious to warrant a permanent exclusion, such an option is available to the school.

Q. My child seems to be continually getting into trouble at school and has received a number of fixed period exclusions. What happens next?
A. Such pupils are putting themselves at serious risk of permanent exclusion. It is probable that the school has already identified your child's behaviour problems and a strategy has been prepared. This strategy could be a Pastoral Support Programme, which is a planned intervention to help individual pupils better to manage their behaviour, following agreed approaches, understood by the pupil and all the staff involved with him/her and involving you as parents. Should the proposed interventions not be effective, it is likely that your child could be permanently excluded.

It is important to stress that exclusion is a warning that there is serious concern. The important thing is that your child learns from the punishment and tries to improve his/her behaviour. The school will appreciate parental assistance in their attempt to improve your child's behaviour. Experience has shown that where parents and school work together in these cases there is a far greater chance of success.

Q. I am very concerned about my child and would be like advice about his/her problems. Who could help?
A. Your first line of contact is the school. Exclusion is a legal procedure and part of the disciplinary policy of the school. If you require details about policies at your child's school you should contact the head teacher. In addition, the head teacher or class teacher may be able to suggest ways of helping your child.

Your LA Education Welfare Service can offer information, advice and counselling to your child and/or family regarding acceptable behaviour at school. There is an Education Welfare Officer attached to every school.

Contact Details

Advice and further information may also be obtained from the Inclusion and Access Team:

Telephone:  0121 704 6768
E-mail:  exclusions@solihull.gov.uk

Further information

Telephone  0121 704 6000
E-mail: connectcc@solihull.gov.uk
Address: PO Box 18, Council House, Solihull  B91 3QS