Model letters
Model letter 1
From head teacher (or teacher in charge of a PRU) notifying parent
of a fixed period exclusion of 5 school days or fewer in one term, and where a
public examination is not missed.
Dear [Parent's Name]
I am writing to inform you of my decision to exclude [Child's
Name] for a fixed period of [specify period]. This
means that he/she will not be allowed in school for this period. The exclusion
begins/began on [date] and ends on
[date].
I realise that this exclusion may well be upsetting for you and your family,
but the decision to exclude [Child's Name] has not been
taken lightly. [Child's Name] has been excluded for this
fixed period because [reason for exclusion].
[for pupils of compulsory school age]
You have a duty to ensure that your child is not present in a public place in
school hours during this exclusion on [specify dates] unless
there is reasonable justification for this. I must advise you that you may
receive a penalty notice from the local authority if your child is present in a
public place during school hours on the specified dates. If so, it will be for
you to show reasonable justification.
We will set work for [Child's Name] to be completed on the
days specified in the previous paragraph as school days during the period of
his/her exclusion when you must ensure that he/she is not present in a public
place without reasonable justification. [detail the arrangements for
this]. Please ensure that work set by the school is completed and
returned to us promptly for marking.
[School/PRU] You have the right to make representations
about this decision to the governing body/management committee. If you wish to
make representations please contact [Name of Contact] on/at
[contact details — address, phone number, email], as
soon as possible. Whilst the governing body/management committee has no
power to direct reinstatement, they must consider any representations you make
and may place a copy of their findings on your child's school record.
You should also be aware that if you think the exclusion relates to a
disability your child has, and you think disability discrimination has
occurred, you have the right to appeal, and/or make a claim, to the Special
Educational Needs and Disability Tribunal (SENDIST). The address to which
appeals should be sent is SENDIST, Mowden Hall, Staindrop Road, Darlington DL3
9DN.
[This paragraph applies to all fixed period exclusions of primary-aged
pupils and may be used for fixed period exclusions of up to 5 days of secondary
aged pupils if the head teacher chooses to hold a reintegration
interview.]
You [and your child or pupil's name] are requested to
attend a reintegration interview with me [alternatively, specify the
name of another staff member] at [place] on
[date] at [time]. If that is not convenient,
please contact the school [within the next ten days] to
arrange a suitable alternative date and time. The purpose of the reintegration
interview is to discuss how best your child's return to school can be
managed [not for parents of secondary aged pupils]. Failure to
attend a reintegration interview will be a factor taken into account by a
magistrates' court if, on future application, they consider whether to
impose a parenting order on you.
You also have the right to see a copy of [Child's
Name]'s school record. Due to confidentiality restrictions, you
will need to notify me in writing if you wish to be supplied with a copy of
[Child's Name]'s school record. I will be happy to
supply you with a copy if you request it. There may be a charge for
photocopying.
You may wish to contact [Name] at [LA name]
LA on/at [contact details — address, phone number,
email], who can provide advice. You may also find it useful to contact
the Advisory Centre for Education (ACE) — an independent national advice
centre for parents of children in state schools. They offer information and
support on state education in England and Wales, including on exclusion from
school. They can be contacted on 020 7704 9822 or here [insert
reference to local sources of independent advice if known.]
[Child's Name]'s exclusion expires on
[date] and we expect [Child's Name] to be
back in school on [date] at [time].
Yours sincerely
[Name]
Headteacher
Model letter 2
From head teacher (or teacher in charge of a PRU) notifying
parent(s) of a pupil of that pupil's fixed period exclusion of more than 5
school days (up to and including 15 school days) in a term.
Dear [Parent's name]
I am writing to inform you of my decision to exclude [Child's
Name] for a fixed period of [specify period]. This
means that [Child's Name] will not be allowed in school
for this period. The exclusion start date is [date] and the
end date is [date]. Your child should return to school on
[date].
I realise that this exclusion may well be upsetting for you and your family,
but my decision to exclude [Child's Name] has not been
taken lightly. [Child's Name] has been excluded for this
fixed period because [specify reasons for exclusion].
[for pupils of compulsory school age - next 3
paragraphs]
You have a duty to ensure that your child is not present in a public
place in school hours during the first 5 school days [or specify dates
if exclusion is for fewer than 5 days] of this exclusion, that is on
[specify dates]. I must advise you that you may be prosecuted
or receive a penalty notice from the local authority if your child is present
in a public place on the specified dates without reasonable justification. It
will be for you to show that there is reasonable justification for this.
We will set work for [Child's Name] during the
[first 5 or specify other number as appropriate] school days
of his [or her] exclusion [specify the arrangements
for this]. Please ensure that work set by the school is completed and
returned to us promptly for marking.
[if the individual exclusion is for more than 5 days]
From the [6th school day of the pupil's exclusion [specify date]
until the expiry of his exclusion we [PRU — the local authority]
will provide suitable full-time education. On [date] he should
attend at [give name and address of the alternative provider if not the
home school] at [specify the time — this may not be
identical to the start time of the home school] and report to
[staff member's name]. [If applicable — say something about
transport arrangements from home to the alternative provider. If not known, say
that the arrangements for suitable full time education will be notified by a
further letter].
[School/PRU] You have the right to request a meeting of the
school's discipline committee/PRU's management committee to whom
you may make representations, and my decision to exclude can be reviewed. As
the period of this exclusion is more than 5 school days in a term the
discipline committee/management committee must meet if you request it to
do so. The latest date by which the discipline committee/management
committee must meet, if you request a meeting, is [specify date
— no later than the 50th school day after the date on which the
discipline committee were notified of this exclusion]. If you do wish
to make representations to the discipline committee/management committee, and
wish to be accompanied by a friend or representative, please contact
[name of contact] on/at [contact details —
address, phone number, email], as soon as possible. Please advise if
you have a disability or special needs which would affect your ability to
attend or take part in a meeting at the school. Also, please inform
[contact] if it would be helpful for you to have an
interpreter present at the meeting.
You should be aware that if you think the exclusion relates to a disability
your child has, and you think disability discrimination has occurred, you may
make a claim to the Special Educational Needs and Disability Tribunal
(SENDIST). The address to which claims should be sent is: SENDIST, Mowden Hall,
Staindrop Road, Darlington DL3 9DN. Making a claim would not affect your right
to make representations to the discipline committee.
[not mandatory for fixed period exclusions of five days or fewer of
secondary aged pupils]
You [and your child or pupil's name] are requested to
attend a reintegration interview with me [alternatively, specify the
name of another staff member] at [place] on
[date] at [time]. If that is not convenient,
please contact the school before your child is due to return to arrange a
suitable alternative date and time. The purpose of the reintegration interview
is to discuss how best your child's return to school can be managed.
Failure to attend a reintegration interview will be a factor taken into account
by a magistrates' court if, on future application, they consider whether to
impose a parenting order on you.
You have the right to see and have a copy of, your child's school record.
Due to confidentiality restrictions, you must notify me in writing if you wish
to be supplied with a copy of your child's school record. I will be happy
to supply you with a copy if you request it. There may be a charge for
photocopying.
You may wish to contact [Name] at [LA name]
LA on/at [contact details — address, phone number,
email], who can provide advice. You may also find it useful to contact
the Advisory Centre for Education (ACE) — an independent national advice
centre for parents of children in state schools. They offer information and
support on state education in England and Wales, including on exclusion from
school. They can be contacted on 020 7704 9822 or here [Insert
reference to local sources of independent advice if known].
[Child's Name]'s exclusion expires on
[date] and we expect [Child's Name] to be
back in school on [date] at [time].
Yours sincerely
[Name]
Headteacher
Model letter 3
From head teacher (or teacher in charge of a PRU) notifying parent
of a fixed period exclusion of more than 15 school days in total in one
term.
Dear [Parent's Name]
I am writing to inform you of my decision to exclude [Child's
Name] for a fixed period of [specify period]. This
means that [Child's Name] will not be allowed in school
for this period. The exclusion begins/began on [date] and ends
on [date].
I realise that this exclusion may well be upsetting for you and your family,
but the decision to exclude [Child's Name] has not been
taken lightly. [Child's Name] has been excluded for this
fixed period because [reason for exclusion].
[for pupils of compulsory school age — next 3
paragraphs]
You have a duty to ensure that your child is not present in a public place in
school hours during [the first five school days of exclusion or specify
dates], unless there is reasonable justification for this. I must
advise you that you may be prosecuted or receive a penalty notice from the
local authority if your child is present in a public place on the specified
dates. It will be for you to show that there is reasonable justification.
We will set work for [Child's Name] during the
[first five school days or specify dates] of his/her exclusion
[specify the arrangements for this]. Please ensure that work
set by the school is completed and returned to us promptly for marking.
[if the individual exclusion is for more than 5 days]
From the [6th school day of the pupil's exclusion] [specify
date] until the expiry of his exclusion we [PRU — the
local authority] will provide suitable full-time education.
[Set out the arrangements if known at the time of writing,
e.g.] On [date] he should attend [give name
and address of the alternative provider] at [specify the time
— this may not be identical to the start time of the home
school] and report to [staff member's name]. [If
applicable — say something about transport arrangements from home to the
alternative provider] [if not known say that the arrangements for suitable full
time education will be notified shortly by a further letter]
[School and PRU] As the length of the exclusion is
more than 15 school days in total in one term the governing body/management
committee must meet to consider the exclusion. At the review meeting you
may make representations to the governing body/management committee if you
wish. The latest date on which the governing body/management committee can
meet is [date here — no later than 15 school days from the date
the governing body is notified]. If you wish to make representations
to the governing body/management committee and wish to be accompanied by a
friend or representative please contact [name of contact]
on/at [contact details — address, phone number, email],
as soon as possible. You will, whether you choose to make representations or
not, be notified by the Clerk to the governing body/management
committee of the time, date and location of the meeting. Please advise if
you have a disability or special needs which would affect your ability to
attend or take part in a meeting at the school. Also, please inform
[contact] if it would be helpful for you to have an
interpreter present at the meeting.
You should also be aware that if you think the exclusion relates to a
disability your child has, and you think disability discrimination has
occurred, you have the right to appeal to the Special Educational Needs and
Disability Tribunal (SENDIST). The address to which appeals should be sent is
SENDIST, Mowden Hall, Staindrop Road, Darlington DL3 9DN. Making a claim would
not affect your right to make representations to the governing body/management
committee.
[mandatory for all exclusions of primary-aged pupils and those of more
than 5 days of secondary-aged pupils]
You [and your child or name of pupil] are invited to attend a
reintegration interview with me [alternatively, specify the name of
another staff member] at [place] on
[date] at [time]. If that is not convenient,
please contact the school before your child is due to return to arrange a
suitable alternative date and time. The purpose of the reintegration interview
is to discuss how best your child's return to school can be managed.
Failure to attend a reintegration interview will be a factor taken into account
by a magistrates' court if, on future application, they consider whether to
impose a parenting order on you.
You also have the right to see and have a copy of [Child's
Name]'s school record. Due to confidentiality restrictions, you
will need to notify me in writing if you wish to be supplied with a copy of
[Child's Name]'s school record. I will be happy to
supply you with a copy if you request it. There may be a charge for
photocopying.
You may want to contact [Name] at [LA name]
LA on/at [contact details — address, phone number,
email], who can provide advice. You may also find it useful to contact
the Advisory Centre for Education (ACE), which is an independent national
advice centre for parents of children in state maintained schools. They offer
information and support on state education in England and Wales, including on
exclusion from school. They can be contacted on 020 7704 9822 or here. [Insert
reference to source of local independent advice if known.]
[Name of Child]'s exclusion expires on
[date] and we expect [Name of Child] to be
back in school on [date] at [time].
Yours sincerely
[Name]
Headteacher
Model letter 4
From the headteacher of a primary, secondary or special school (or
the teacher in charge of a PRU) notifying the parent(s) of that pupil's
permanent exclusion.
Dear [Parent's Name]
I regret to inform you of my decision to permanently exclude
[Child's Name] with effect from [date].
This means that [Child's Name] will not be allowed in this
school/this PRU unless he/she is reinstated by the governing body/the
discipline committee (management committee in case of a PRU) or by an appeal
panel.
I realise that this exclusion may well be upsetting for you and your family,
but the decision to permanently exclude [Child's Name] has
not been taken lightly. [Child's Name] has been excluded
because [reasons for the exclusion — include any other relevant
previous history].
[For pupils of compulsory school age]
You have a duty to ensure that your child is not present in a public
place in school hours during the first 5 school days of this exclusion, i.e. on
[specify the precise dates] unless there is reasonable
justification. You could be prosecuted or receive a penalty notice if your
child is present in a public place during school hours on those dates. It will
be for you to show reasonable justification.
[For pupils of compulsory school age]
Alternative arrangements for [Child's Name]'s
education to continue will be made. For the first five school days of the
exclusion we will set work for [Child's Name] and would
ask you to ensure this work is completed and returned promptly to school for
marking [this may be different if supervised education is being
provided earlier than the sixth day]. From the sixth school day of the
exclusion onwards — i.e. from [specify the date] the
local authority [give the name of the authority] will provide
suitable full-time education. [set out the arrangements if known at
time of writing, if not known say that the arrangements will be notified
shortly by a further letter.]
[For pupils of compulsory school age]
[Where pupil lives in a local authority other than the excluding school's
local authority] I have also today informed [name of
officer] at [name of local authority] of your
child's exclusion and they will be in touch with you about arrangements for
[his/her] education from the sixth school day of exclusion.
You can contact them at [give contact details].
As this is a permanent exclusion the governing body (or management committee in
case of a PRU) must meet to consider it. At the review meeting you may make
representations to the governing body/PRU management committee if you wish and
ask them to reinstate your child in school. The governing body/PRU management
committee have the power to reinstate your child immediately or from a
specified date, or, alternatively, they have the power to uphold the exclusion
in which case you may appeal against their decision to an Independent Appeal
Panel. The latest date by which the governing body/PRU management committee
must meet is [specify the date — the 15th school day after the
date on which the governing body/PRU management committee was notified of the
exclusion]. If you wish to make representations to the governing
body/PRU management committee and wish to be accompanied by a friend or
representative please contact [name of contact] on/at
[contact details — address, phone number, email], as
soon as possible. You will, whether you choose to make representations or not,
be notified by the Clerk to the governing body/PRU management committee of the
time, date and location of the meeting. Please let us know if you have a
disability or special needs which would affect your ability to attend the
meeting. Also, please inform [contact] if it would be helpful
for you to have an interpreter present at the meeting.
[If you think this exclusion relates to a disability your child has,
and you think discrimination has occurred, you may raise the issue with the
governing body/PRU management committee.]
You have the right to see a copy of [Name of
Child]'s school record. Due to confidentiality restrictions, you
must notify me in writing if you wish to be supplied with a copy of
[Name of Child]'s school record. I will be happy to supply
you with a copy if you request it. There may be a charge for
photocopying.
You may also wish to contact [Name] at [LA
name] on/at [contact details — address, phone number,
email], who can provide advice on what options are available to you.
Additionally, you may find it useful to contact the Advisory Centre for
Education (ACE)— an independent national advice centre for parents of
children in state schools. They offer information and support on state
education in England and Wales, including on exclusion from school. They can be
contacted on 020 7704 9822 or here. [Insert reference to sources of local
independent advice if known.]
Yours sincerely
[Name]
Headteacher (teacher in charge in case of a PRU)
Model letter 5
From the clerk to the governing body (management committee in case of a PRU) to parent upholding a permanent exclusion.
Dear [Parent's name]
The meeting of the governing body/management committee at [school] on [date] considered the decision by [head teacher/teacher in charge] to permanently exclude your son/daughter [name of pupil]. The governing body/PRU management committee, after carefully considering the representations made and all the available evidence, has decided to uphold [name of pupil]'s exclusion.
The reasons for the governing body/management committee's decision are as follows: [give the reasons in as much detail as possible, explaining how they were arrived at.]
You have the right to appeal against this decision. If you wish to appeal, please notify [name of the clerk to the appeal panel] of your wish to appeal. You must set out the reasons for your appeal in writing, and if appropriate may also include reference to any disability discrimination claim you may wish to make, and send this notice of appeal to [address] by no later than [specify the latest date — the 15th school day after receipt of this letter]. If you have not lodged an appeal by [repeat latest date], you will lose your right to appeal. Please advise if you have a disability or special needs which would affect your ability to attend the hearing. Also, please inform [name of the clerk to the appeal panel] if it would be helpful for you to have an interpreter present at the hearing.
Your appeal will be heard by an Independent Appeal Panel, which can also hear disability discrimination claims. A three-member panel will comprise one serving, or recently retired (within the last five years), head teacher, one serving, or recently serving, experienced governor and one lay member who will be the Chairman. [Use the following if there is a possibility that a five-member panel may sit: A five-member panel will comprise two serving, or recently retired (within the last 5 years), head teachers, two serving, or recently serving, experienced governors and one lay member who will be the Chairman.] The appeal panel will rehear all the facts of the case — if you have fresh evidence to present to the panel you may do so. The panel must meet no later than the 15th school day after the date on which your appeal is lodged. In exceptional circumstances panels may adjourn the hearing until a later date.
In determining your appeal the panel can make one of three decisions: they may uphold your child's exclusion; they may direct your child's reinstatement in school, either immediately or by a particular date; or they may decide that the exclusion should not have taken place, but that reinstatement in the school is not in the best interests of all concerned.
I would advise you of the following sources of advice: [repeat details from the original exclusion letter, i.e. a named LA officer and the Advisory Centre for Education and any local sources of independent advice]
The arrangements currently being made for [pupil's name]'s education will continue. [specify details here].
Yours sincerely
[name]
Clerk to the Governing Body (or clerk to the Management Committee in
case of a PRU)
Model letter 6
From the clerk to the Independent Appeal Panel notifying parent (or pupil if aged 18 or over) of the outcome of the appeal.
Dear [parent's name]
Following the hearing of your appeal by the Independent Appeal Panel
constituted by [name] Authority on [date] at
[location] against the decision of the governing body of
[name] School/the teacher in charge [name] of
[name] Pupil Referral Unit not to reinstate
[child's name], I am writing to advise you of the
panel's decision.
After careful consideration of your representations both oral and written and
those of the [School/PRU] and [name] LA
[and of others if applicable, for example any victim] and in
the light of the available evidence, the panel has decided:
Either
(i) to uphold the exclusion;
or
(ii) to direct [pupil's name]'s reinstatement in
[name of school/PRU] with effect from [date and
time]. [Pupil's name] should report to
[name of staff member] at that time;
or
(iii) that it is not practical to direct [pupil's
name]'s reinstatement [here give reasons, for example
because this is an exceptional case where reinstatement would not be in the
pupil's best interests or those of the whole school/PRU community]
although otherwise reinstatement would have been appropriate. Your child's
school record will show that the permanent exclusion was overturned on appeal
even though reinstatement was not directed.
[Give reasons in as much detail as possible for the panel's
decision: the decision may be challenged by judicial review; or be the subject
of a complaint of maladministration to the Local Government
Ombudsman]
The panel's decision is binding on you, the governing body and the head
teacher of [name] School/the teacher in charge of
[name] PRU and [name] Local Authority.
For decisions (i) and (iii) above: The alternative arrangements put in place
for [pupil's name]'s full-time education will continue
for the time being; but [LA officer's name] will/may be in
touch with you to discuss future provision.
If you think that the appeal panel's decision was unlawful or not a
decision which a reasonable panel could have reached and you wish to challenge
it, the only way of doing so is to apply to the High Court for a judicial
review. This must be done as soon as possible and in any event within three
months of the date of the panel's decision. You can complain to the Local
Government Ombudsman about maladministration by the appeal panel, but not about
its decision.
A copy of this letter will be added to [pupil's name]'s school record for future reference.
Yours sincerely
[name]
Clerk to the Independent Appeal Panel
Independent Appeal Panels' consideration of whether or not to
order reinstatement when not upholding a permanent exclusion.
The Court of Appeal held on 18 September 2007 (D v Independent Education Appeal
Panel of Bromley London Borough and Another, Case No CI/2007/1011) that the
Panel needed to have evidence from the school as to why reinstatement should
not be directed. The Regulations state the Panel may decide that, because
of exceptional circumstances or for other reasons, it is not practical to give
a direction requiring reinstatement. The Court of Appeal said that the
school needed to be invited to advance reasons for objecting to reinstatement
and that those reasons should usually be different from those advanced in
support of the decision to permanently exclude. If the reasons are the
same as those advanced in support of the decision to exclude, and that decision
is overturned, then they are unlikely to be persuasive when opposing
reinstatement. This need not entail two separate hearings or two separate
stages of a single hearing. The parties can be invited within a single
hearing to make submissions as to reinstatement on the contingent basis that
the exclusion is not upheld. Alternatively they can be invited to do so
once the first decision has been announced. It is contrary to natural justice
for the parents to be unaware of the arguments put by the school against
reinstatement and so be unable to address them.
