Improving behaviour and attendance: Guidance on exclusion from schools and pupil referral units (PRUs) 2008
This 2008 guidance came into effect on 01 September 2008. It
replaces the 2007 guidance.
Addendum to paragraph 33
Paragraph 33 said 'Subject to parliamentary approval, from January
2009, the Education and Skills Bill 2008 will amend section 29 of the Education
Act 2002. A power will be introduced for governing bodies to arrange for
registered pupils to be directed offsite, in order for them to receive
educational provision which is intended to improve their behaviour, for example
to attend courses in anger management. This new power will come into force in
January 2009 and guidance will be available.' This power will now come
into force in September 2010.
Headteachers, teachers in charge of a pupil referral unit (PRU), governing bodies, LAs and Independent Appeal Panels (IAPs) must by law have regard to this guidance when making decisions on exclusions and administering the exclusion procedure. This means that, whilst the guidance does not have the force of statute, there is an expectation that it will be followed unless there is good reason to depart from it. The guidance is not exhaustive and judgments will need to take account of the circumstances of individual cases. This version replaces the September 2007 edition and is valid for all exclusions from 1 September 2008.
These procedures apply to all maintained schools, including sixth forms which are part of a maintained school, and pupil referral units and all pupils in them, including pupils who may be below or above compulsory school age (except for the requirements related to the arrangement of provision for pupils from the sixth day of their exclusion which applies only to pupils of compulsory school age). For these purposes 'maintained schools' includes nursery classes in maintained schools and maintained nursery schools.
They do not apply to independent schools, city technology colleges, city colleges for the technology of the arts or sixth form colleges, which have separate exclusion procedures. Academies, by virtue of their funding agreements, must also have regard to this guidance. This means that the procedures followed by academies should not depart significantly from those in this guidance without good reason. The requirement for schools and LAs to arrange provision for excluded pupils from the sixth day of exclusion does apply to pupils of compulsory school age excluded from academies, city technology colleges and city colleges for the technology of the arts, as such schools are defined as 'relevant schools' in section 111 of the Education and Inspections Act 2006. Likewise, the requirement for the headteacher (or principal) to arrange reintegration interviews also applies in respect of those schools.
Where the parents of an excluded pupil do not speak, or have a good understanding of, English, correspondence and documentation relating to the exclusion should be translated into their mother tongue. In such cases the school and/or LA should arrange for an interpreter to be present at any meetings with the parent about the exclusion. Arrangements for disabled parents should also be made.
The main changes to this version of the guidance, compared with the previous version, are as follows:
- Change in the provision of suitable full-time education expected for pupils excluded from schools that were involved in the Behaviour Improvement Programme. Provision need not be made until the sixth day.
- This guidance now reflects the introduction of statutory management committees in PRUs from 1 February 2008 and the implementation of the Education (Pupil Exclusions and Appeals) (Pupil Referral Units) (England) Regulations 2008, which came into force on 1 April 2008. The regulations impose similar duties on management committees in regard to exclusions from PRUs to those which apply to the governing bodies of mainstream schools, mainly in relation to reviewing decisions to exclude pupils. There are also some changes for teachers in charge in regard to whom they have to inform about exclusions.
- Following permanent exclusion, LAs should arrange to assess the pupil's needs. This should involve undertaking a Common Assessment Framework (CAF) process where one has not already been carried out.
- Additional details, formerly only provided in the 2007 online version, have been added on the arrangements for money to follow pupils who have been permanently excluded from school.
- Guidance on statutory provision of suitable full-time education for excluded pupils, previously published separately, has been incorporated in this guidance.
Definitions
In this guidance, 'parent' includes anyone who has parental
responsibility for, or care of, a child. In cases of exclusion where the pupil
is 18 or over, 'pupil' should be read for 'parent'. Where a
child is the subject of a care order, the LA that has parental responsibility
for the child is entitled to determine to what extent the parents exercise
their parental responsibility. Throughout this guidance, 'school'
generally refers to a maintained school or PRU. But in addition to maintained
schools, 'relevant schools' include Academies, city technology colleges
and city colleges for the technology of the arts. Where guidance for PRUs
differs from that for other schools maintained by the LA, this is
indicated.
The guidance is divided into the following parts:
- Part 1: Promoting positive behaviour and early intervention
- Part 2: Removing pupils from a school site and the decision to
exclude
Part 2a, Part 2b and Part 2c - Part 3: Procedure for excluding pupils: role of headteacher
- Part 4: Responsibilities of the governing body/management committee
- Part 5: Independent Appeal Panels
- Part 6: Police involvement and parallel criminal proceedings
- Part 7: Arrangements for money to follow pupils who have been permanently excluded from school
- Part 8: Model letters
- Related documents and websites
Published: 13 August 2008
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