Fixed Term Exclusions

This means that your child has been excluded for a specific period and he or she will not be able to return to attend school during the time of the exclusion.

The length of fixed term exclusion can be between half a day to 45 days in an academic year. Fixed term exclusion must not exceed 45 days in one school year.

Fixed term exclusions should not be for an unspecified period. You have the right to know the date and time of when your child should return to school.

You should receive a letter from school explaining the reason for the exclusion, how long it is for, when they should return to school and your right to appeal against the decision.

Only the headteacher of the school can exclude from school. If the headteacher is out of school then the decision should be that of the deputy head.

Fixed term exclusions should be for the shortest time necessary

Individual exclusions should be for the shortest time necessary, bearing in mind that exclusions of more than a day or two make it more difficult for the learner to reintegrate into the school.

Excluded up to 5 days

There are a number of things the school is legally required to do when a pupil is excluded for up to 5 days.

• The Head must write immediately giving length and reason for exclusion.
• The Head must inform the Governors and LA only if an external exam or National Curriculum test would be missed or if the total days excluded in that term are more than 5.
• The Governors must meet only if an external exam or National Curriculum test would be missed or the total days excluded in that term is over 5 and parents ask for a meeting. If there is a meeting, parents have the right to attend.
• Parents have the right to make ‘written representations’ which must be considered by governors even where there is no requirement for a meeting (see our advice on preparing written representations for more information).

Fixed term exclusion for over 15 days

There are a number of things the school is legally required to do when a pupil is excluded permanently or for over 15 days.

• In addition to the responsibilities for informing parents, when an exclusion is over 15 days the Governors must meet within 15 days of receiving the notice of the exclusion (NB if the exclusion will result in the pupil missing an external or National Curriculum exam they must take reasonable steps to meet before the exam).
•  Where a meeting of the discipline committee has previously been convened and further exclusions take place within the same term, the discipline committee is required to meet in relation to each exclusion to assess the effectiveness of the support plans put in place for that learner.

Setting and marking work during exclusions

The school’s obligation to provide education continues while the learner is still on the roll.  In all cases of more than a day’s exclusion, work should be set and marked.

• Headteachers must arrange for work to be provided as soon as a learner is excluded for a fixed-term.
• Parents/carers should arrange for the work to be collected and returned
• school must ensure that it is marked and that further work is set until the learner returns to school.
• Letters to parents/carers and/or learners informing them of the exclusion must include the arrangements for setting and marking work.
• The governing body is responsible for ensuring that the school complies with these requirements. Headteachers should have a written policy on arrangements for receiving learners back into school after a fixed-term exclusion, which should include receipt of work completed during the exclusion.