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Contact: Jack Cawthra; Education Officer (EOTAS) tel: 01962 846537

1. Summary

1.1 This paper reports on the consultation exercise initiated by the Department for Education and Skills as part of the proposed review of guidance on exclusion from school. A copy of the consultation paper is attached at the Appendix.

1.2 The Government's current guidance on exclusion from school was published in Circulars 10/99 and 11/99 (published in July 1999 and referred to collectively, as "Social Inclusion: Pupil Support") which was revised and amended in 2000 and 2001.

1.3 The revised draft guidance consolidates earlier revisions, as well as representing a revision of the whole text and seeks to promote consistency and clarity.

1. Key issues

2.1 The consultation paper particularly invites comment on:

i) incidents where permanent exclusion may be appropriate for a first or "one-off" offence. Specifically, reference is made to;

- serious actual or threatened violence against another pupil or member of staff

- sexual misconduct

- supplying an illegal drug

- carrying an offensive weapon

ii) circumstances where an independent appeal panel should not normally direct the reinstatement of a permanently excluded pupil. As well as those identified in i), above, they also include;

- persistent and defiant behaviour encompassing bullying and including homophobic bullying

- where an exclusion is in accordance with clearly stated provisions in the school's published discipline policy (e.g. zero tolerance of drug supplying)

iii) lunchtime exclusions;

- clarifying the ability of headteachers to exclude over the lunch period whilst stressing the safety and welfare of excluded pupils

iv) children in public care;

- stressing the general (including educational) vulnerability of such children and the sensitivity expected from schools in dealing with exclusion issues. Particular emphasis is placed on the need to seek early LEA and other professional support and intervention.

v) police involvement and parallel criminal proceedings;

- acknowledging the difficulties which can arise from such circumstances and offering advice to headteachers and guidance on the arrangements for appeal hearings in parallel criminal proceedings cases

3. Possible impact of the proposed revisions

3.1 Since the publication of Circulars 10/99 and 11/99 the Department for Education and Skills have published a number of revisions and amended guidance.

The most significant of these were:

i) January 2000: a change in the wording from, "children should not normally be excluded for a one-off or fist offence", to, "before excluding a child, in most cases a range of alternative strategies ... should be tried. This is not meant to prevent immediate action to protect pupils and staff ..... A permanent exclusion can be given for a first offence, for example, involving violence ....."

ii) August 2000: a change to the guidance for Appeal Panels which stated that;

"The Secretary of State has made it clear that headteachers must have the power to exclude violent or very disruptive pupils ...." And that, " ... the Secretary of State would normally regard it as inappropriate for an exclusion appeal panel to re-instate a pupil who has been permanently excluded for:

· Serious actual or threatened against another pupil or a member of staff

· Sexual abuse

· Presenting a significant risk to the health and safety of other pupils by selling illegal drugs

· Persistent and malicious disruptive behaviour

3.2 The general tone of these has been to strengthen headteachers' authority to permanently exclude and to clarify circumstances in which appeal panels should not normally direct re-instatement.

3.3 Following four consecutive years of falling exclusions, numbers are beginning to rise again (see Table 1, below) and it is anticipated that the proposed revisions will add to that upward movement. Table 2 shows the comparative numbers of pupils reinstated by Pupil Discipline Committees and/or Independent Appeal Panels. It should be noted that, at Independent Appeal, only 3 pupils, in the relevant timescales, have been directed back into schools.

Table 1: Permanent Exclusions - autumn term + spring half-term 2000/1 and 2001/2

Table 2: Permanently excluded pupils re-instated by Pupil Discipline Committees and/or Independent Appeal Panels: autumn term + spring half-term 2000/01 and 2001/02

Total pupil numbers on roll: September 2000 : 176,323

September 2001 : 176,117

4. Financial Implications

4.1 From September 2002 all permanently excluded pupils will be entitled to full-time (i.e. approximately 25 hours per week) educational provision. If permanent exclusions continue to rise significantly this will, inevitably, require additional resources in order that the County Council meets its statutory obligations.

5. Consultation process

5.1 The County Council, in preparing its response to the consultation, will seek views from officers in the Education Department and the Chief Executive's Department. Views will also be sought from Primary, Secondary and Special Schools Executive Committees.

5.2 A formal response from the County Education Officer and the Executive Member for Education will be made to the Department for Education and skills by the deadline of 19 April 2002.

6. Recommendations:

That Members of the Education Policy Review Committee be invited to comment on the consultation document in order that;

1. a response be made to the Department for Education and Skills.

2. that a copy of the response be notified to members of the Education Policy Review Committee.

Background papers:

Section 100D - Local Government Act 1972 - background papers. The following documents disclose facts or matters on which this report, or an important part of it, is based and has been relied upon to a material extent in the preparation of this report.

1. Department for Education and Employment:

i) Circular 10/99: Social Inclusion: Pupil Support July 1999

ii) Circular 11/99: Social Inclusion: the LEA role July 1999

in Pupil support

2. Department for Education and Skills

i) Revised Guidance on Exclusion from School - Draft for Consultation January 2002