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

  1. The Head must write immediately giving length and reason for exclusion.
  2. 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 maximum number of days in a school year for which a child can be given fixed-term exclusions is 45.)
  3. 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.
  4. If there is a meeting, parents have the right to attend.
  5. 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).
  6. School must take reasonable steps to set and mark work for the first five days of a period of exclusion.
  7. School or LA may ask parent to sign a Parenting Contract or apply to Magistrates’ Court for a Parenting Order.

Entitlement to alternative education      

The statutory guidance ‘Exclusion from maintained schools, academies and pupil referral units in England’ says that whilst the statutory duty on governing bodies or local authorities is to provide full-time education from the sixth day of an exclusion, there is an obvious benefit in starting this provision as soon as possible. In particular, in the case of a looked after child, schools and local authorities should work together to arrange alternative provision from the first day following the exclusion.

The guidance goes on to say that where it is not possible, or appropriate, to arrange alternative provision during the first five school days of an exclusion, schools should take reasonable steps to set and mark work for pupils. Work that is provided should be accessible and achievable by pupils outside of school.

 

You can find further advice on what to do if your child is excluded here.