Education in Hampshire

Fixed period exclusions

A short guide for parents/carers

September 2007

Use of fixed period exclusion

Headteachers use exclusion as one of the strategies available to schools for managing the behaviour of pupils. Exclusion is appropriately used as a way of giving clear messages to the pupil involved and the whole school community that certain kinds of behaviour are unacceptable.

Often, a pupil will receive a one-off short exclusion, learn from that, and not be excluded again. Other pupils, however, may accumulate several exclusions and this may be a sign that they are at risk of being excluded permanently. Fixed period exclusions must not exceed 45 school days in any one academic year.

Partnership with school

It is important that parents/carers work in partnership with schools and other agencies to encourage good behaviour and to promote positive learning. Sharing information is important – however insignificant you think something might be. This can best be done when the Headteacher, or his or her representative, meets with you and your child at a return to school (reintegration) meeting following an exclusion or when his or her Individual Education Plan (IEP) is reviewed (if there is one in place). This is especially important if your child’s inappropriate behaviour is persistent and he or she receives a series of fixed-period exclusions.

What happens next?

Work will be set by the school for your child to complete at home during the first five days of the exclusion. During this time you have a duty to ensure that your child is not present in a public place during school hours unless there is reasonable justification for this. You may receive a penalty notice from the Local Authority (LA) if your child is present in a public place during school hours during the period of the exclusion. If the period of exclusion is longer than 5 days you will be contacted by the school who will inform you of the arrangements that have been put in place to provide education for your child from the 6th day of the exclusion.

What if I disagree about the exclusion or its length?

In the first instance, it is always better to speak with someone at your child’s school. However, all parents/carers have the right to make representations to the Governors’ Discipline Committee about their child’s exclusion. The Committee does not have to meet by law to review the exclusion unless the pupil has accumulated at least 16 days exclusion in any one term unless you wish to make representations about an exclusion of fewer days. They do not have the powers to direct reinstatement for exclusions under 6 days but they should still consider your views if that is your wish. You will be invited to attend the meeting, along with your child if you consider this is appropriate, so that Governors can take account of your views, alongside those of the Headteacher, when considering the exclusion. The Local Authority Inclusion Officer will also be invited to meetings for exclusions over 15 days where appropriate. Governors must have regard to current Department for Children, Schools and Families (DCSF) guidance on exclusion and have the power to uphold or reduce the length of the exclusion but they cannot recommend that it be extended.

There are no rights of appeal for fixed period exclusions, however if you consider that your child has a disability and you feel that he/she has been discriminated against in this exclusion please contact the Disability Rights Commission (DRC) helpline for further information 08457 622 633 (Monday to Friday 8am – 8pm). Discrimination claims should be made through the Special Educational Needs and Disability Tribunal (SENDIST) 0870 606 5750.

If you feel you need more information please contact the Inclusion Officer at your local Children's Services office and ask for a copy of the Parents/Carers Guide to the Exclusions Process and/or use the other contact numbers below:

Hampshire County Council Children's Services Offices:

Fleet (tel: 01252 814756)
Havant (tel: 023 9244 1482)
Winchester (tel: 01962 876311)

Website: http://www.hants.gov.uk/education/parents/exclusions/exclusionprocess.php

Useful contacts:

DfES publications - (tel: 0845 6022260 (9am - 5pm weekdays) for a free copy of:

Improving behaviour and attendance: guidance on exclusion from schools and Pupil Referral Units
Special Educational Needs: a guide for parents

DCSF website http://www.dfes.gov.uk
ACE exclusions helpline (tel: 020 7704 9822)
Talk to FRANK - Drugs Helpline (tel: 0800 77 66 00)

Data Protection Act 1998: You are advised that information on pupils is routinely registered on manual and electronic systems as part of their records. Everyone working in Children's Services has a legal duty to keep information confidential.

(page updated 6 September 2007)