Lesson 12
School Exclusion: Know Your Rights

• No homework
  
  
• Lateness
  
  
• Truancy

• Listen to your child's side of the story.
  
  
• Investigate what happened.
  
  
• Be fair and take into consideration all the evidence.
  
  

• Find out further information about the incident from other people. Statements should already have been taken by the school and you should try and get access to them.
  
  
• You should also find out if any witnesses can write a statement in support of your child.
  

You can contact Ace for further advice on exclusion: 020 7704 9822.

Website:http://www.ace-ed.org.uk/

• Feel that the safety of other pupils or staff is threatened.

• Believe that the education of other pupils is compromised because your child is in the school.
  
  
• Believe that your child has seriously breached the schools discipline policy, and they have already tried several other strategies to deal with your child, but none have been effective.

The school can’t exclude your child just on what they believe happened; they have to prove it.

• Gather up all your witness statements, apology letters etc.

• It will be a good idea if you take a friend, relative or adviser to the hearing with you.
  
  
• You should type out your case for the exclusion hearing and give out copies.
  
  
• Make a note of all the questions you want to ask at the exclusion hearing.
  
  
• Your child will need to answer questions politely and avoid interupting people when they are speaking.
  
  
• Your child should also be willing to apologise for his/her actions.

• Everyone will be introduced.
  
  
• The head teacher or Chair will check that everyone has all the relevant documents relating to the exclusion.
  
  
• The clerk will be taking notes during the meeting.
  
  
• There will be up to five governors present.
  
  
• They should avoid the use of unnecessary ‘jargon’- educational terms.
  
  
• The head teacher will speak first, stating the reasons for the exclusion. He or she will advise everyone of what steps have been taken by the school to avoid the exclusion. He or she will emphasise the schools behaviour policy. Do not speak during this time, because the panel won't take too kindly to this.
  
  
• The head teacher may ask other members of staff to speak in order to strengthen the school’s case.
  
  
• The head teacher will present reports relevant to the case. These might come from the educational welfare officer, educational psychologist or another member of staff in the school.
  
  
• The panel will then be given the opportunity to ask questions. You and/or your representative can also ask questions at this point.

• You should take this opportunity to talk positively about your child. Back this up with any letters of support that show your child in a positive light. Someone like a mentor, youth worker or Connexions Personal Adviser should write it.
  
  
• You should comment on any written statements from witnesses or teachers.
  
  
• Give your views, and any reasons why you disagree with the decision to exclude your child. If possible have written evidence. These might include witness statements and/or your letters to the school asking for support.
  
  
• If your child has a Special Educational Need, including emotional and behavioural difficulties, it is essential that you build your case on this fact, particularly if the school has not taken the appropriate action to support them.
  
  
• You will need to emphasise how you think the school let your child down.
  
  
• Explain how the incident could have been avoided if your child had been given more support in school.
  
  
• If you don’t think that the school tried enough strategies with your child, like providing a mentor or mediation etc, make this clear as well.
  
  
• Comment on whether the school put in place a Pastoral Support Plan- PSP, Individual Education Plan- IEP or Personal Education Plan- PEP and how effective it was. For example, was the plan reviewed etc?
  
  
• Any criticisms about the school will be taken extremely seriously by the representative from the LEA and may even get the decision for exclusion overturned if it is established that the school was not doing what they were supposed to be doing.
  
  
• If you have evidence to prove that your child was/is being bullied, you can use discrimination or harassment as part of your defence.
  
  
• If there were any other issues or mitigating cicumstances that could have affected your child's behaviour, you will need to back this up with evidence.
  
  
• If other pupils were involved, and they were given lighter punishments it will be important for you to mention the unfairness of this.
  
  
• You should conclude your case by explaining why you think that your child should be given another chance at the school.

• The governing panel will ask you many questions, so make sure you can back up all your claims.
  
  
• The head teacher and staff might challenge or deny your claims, so be prepared for this.
  
  
• The head teacher will then give a summary of the school’s reasons for excluding your child.
  
  
• A representative from the LEA will always be present at the exclusion hearing. At this stage they will give their views to the governors. They might give the governors advice on what decision to make. They may even provide examples of how other schools have dealt with similar situations. Their opinion and advice will be taken very seriously.
  
  
• If your child has been excluded for more than five days in a term, or has lost the opportunity to take an exam, the governing panel should consider if your child should be reinstated.
  
  
• Your child will not be reinstated if he/she has caused serious harm to staff or another pupil, sexually abused someone, persistently displayed malicious disruptive behaviour or put the health and safety of others at risk.
  
  
• After everyone has been heard, the head teacher, other school staff and you and your child will be asked to leave the room. The governing panel will then make their decision.

• The statements from all parties involved.
  
  
• The school’s behaviour policy.
  
  
• Whether the school did everything that they could to improve your child’s behaviour. This should include things like providing a support plan etc.
  
  
• Any alternative strategies that the school could use rather than just excluding your child.
  
  
• Whether the head teacher has followed DfES and LEA guidelines for exclusion.

• Your child has a special educational need, which hasn't been identified or dealt with and as a result of this, it has caused problems for your child and/or the school.
  
  
• Your child has an identified special educational need and a statement but the support specified on their statement doesn't meet their needs.
  
  
• Your child has a special educational need and a statement, but the school is unable meet your child’s needs.