New Exclusions Guidance

What you need to know

New guidance launched by the DfE has clarified the rules on how schools must implement any fixed-term or permanent exclusions that they make. With evidence of disproportionately high rates of exclusions amongst the most vulnerable learners, particularly those with special educational needs and disabilities, there is now a stronger emphasis on monitoring the experiences of certain groups of pupils.

Schools have a statutory duty not to discriminate against pupils on the basis of certain protected characteristics, which includes all those that schools know or suspect have disabilities of any type. Schools should also give particular consideration to the fair treatment of pupils from groups who are more vulnerable to exclusion - these include children looked after and those with EHC plans. The guidance strengthens expectations that schools will now need to take into consideration, for example the duty to ‘comply’ with the Equality Act 2010 and not just have regard to it.  Schools maintain responsibility for the decisions made throughout the exclusion process and where cases are subject to independent review or disability discrimination tribunal, schools must be able to demonstrate evidence based decision making that is robust, lawful, reasonable and that a fair process was followed.

It is vital that schools make all the reasonable adjustments that they can to support those with disabilities and/or special educational needs before taking any decision to exclude. This includes, where necessary, seeking and following expert advice and expending additional resources to support children.

It is also important that the processes followed by the school in investigating the exclusion, including in particular the Governing Body Disciplinary Committee stage where this is relevant, is done in a fair, open and transparent manner. It should be ensured that parents have access to all the evidence being used to justify an exclusion, that decisions are full and frank as well as being given as soon as possible, and that the child/young person themselves are given the opportunity to put their side of the story forward.

The offer of Early Help to the families of the most vulnerable pupils and the existence of the inclusion of good quality assessments and multi-agency work is also now considered to be a necessity.

The new DfE guidance focuses more on the experience of the child and clearly outlines expectations regarding openness and transparency in particular and in relation to the concerns at the high number of exclusions for vulnerable pupils.

Stronger emphasis on the need to ensure that all exclusions remain lawful has prompted Warwickshire to conduct a review across the county, findings have suggested the need to offer specific training which all schools will be encouraged to attend. Training will focus on areas such as the requirement for appropriately trained and experienced panel members, a focus on roles, responsibilities and boundaries and the importance of evidenced based decision making.

To ensure that they remain compliant with the new exclusions guidance, it is important that Warwickshire schools address training needs now. If you have any concerns or require advice applying the new DfE guidance prior to attending training, it is strongly recommended that you contact Warwickshire Legal Services on 01926 412361 or schoolenquiries@warwickshire.gov.uk at your earliest opportunity.

Exclusions Line - 01926 738353

exclusions@warwickshire.gov.uk

Department for Education Statutory Guidance on Exclusions