Nottingham and Nottinghamshire Parent Partnership Service Exclusions Sept 2012

1. Nottingham and Nottinghamshire Parent Partnership ServiceExclusions Sept 2012

2. What is it about exclusions?? • Legal framework • Set processes to be followed • Very emotive situation • Relationships can be irrevocably damaged • Can involve major changes to school/travel arrangements • Can leave parents/child feeling powerless • ………………

3. What is the role of PPS? Adviceabout next steps and options Support to prepare parents’ case Information aboutthe process Support at the Governors’ Discipline Committee Meeting Provide impartial information, advice and support to enable parents to understand processes, make informed choices and have their views heard and taken into account.

4. Change in legislation from Sept 1st 2012 The School Discipline (Pupil Exclusions and Reviews) (England) Regulations 2012 DfE Guidance : Exclusion from maintained schools, Academies and Pupil Referral Units in England(guidance also applies to Free Schools and Alternative Provision Academies/Free Schools) It is statutory guidance to which HT, Principals of Academies, Governing Bodies/Academy Trusts, LAs must have regard in relation to exclusions.(‘must have regard’ means that statutory guidance must be followed unless there is a good reason not to in a particular case.) Applies to all pupils, including those above or below compulsory school age (except in relation to pupils in PRUs or where specifically stated) Guide does not apply to : independent schools, CTC, City Colleges for Technology of Arts, 6th Form Colleges, 16-19 Academies (but LA must arrange educational provision for all pupils of compulsory school age from the 6th day of exclusion regardless of where they were perm excluded from)

5. Schools must consider…… • Statutory duty not to discriminate against pupils on the basis of protected characteristics eg disability or race • Fair treatment for groups known to be vulnerable to exclusion • Strategy for reintegrating pupils and managing their behaviour • Early intervention to identify unmet needs – consideration to multi-agency assessment • Taking account of any contributing factors eg bereavement • Permanent exclusion as a last resort – response to serious breach(es) of school’s behaviour policy or where allowing the pupil to remain in school would seriously harm education/welfare of others

6. Main changes…… • No requirement for reintegration interview following FT exclusion • No recourse to an independent appeal following the upholding of a perm ex at the GDC, but provision of an independent review panel (with some more limited powers) • Parents can appeal to the First-tier Tribunal (SENDIST) against disability discrimination for either FT or permanent exclusions (or to a County Court for other types of discrimination). • First-tier Tribunal can direct reinstatement • Very specific guidance on how/when/what kind of information must be provided to parents

7. Independent Review Panel • Challenge the decision of the GDC • Parents can request presence of SEN expert to advise the panel regardless of whether the school recognises SEN • Can uphold exclusion • Can recommend that the GDC reconsiders its decision • Can direct the GDC to reconsider if principles of judicial review would apply. In this case the panel should also direct a ‘fine’ of £4000 if the GDC does not reinstate the pupil. If the pupil is not then reinstated the exclusion will not count toward the ‘twice-excluded’ rule

8. Remember… A child can be excluded from a school (or schools) but is not excluded from education. There are some specific recommendations in the guidance about provision of education from (or before) the 6th day of the exclusion including transport arrangements and communication with parents.

9. Continued provision of education • The school must provide ‘full-time’ education for a child with a fixed-period exclusion from the 6th day or before • LA must provide ‘full-time’ education for a child who has been permanently excluded from the 6th day or before • This is not just sending work home, it is actual contact between child and teaching staff/TA (not necessarily from the child’s school) • Some schools have developed partnerships to provide this off-site education

10. GDC Meeting – who attends? • 3 panel members (Chair + 2 other govs) • Clerk to panel Must be invited and allowed to make representations: • School reps (HT, other relevant staff) • Parents • LA rep (3 people, linked to NLC) Should also be allowed to attend : • Pupil if appropriate, plus supporter • Parents’ supporter

11. Independent Review Panel – who attends? • 3 or 5 panel members - Chair (lay person)+ 1 school gov + HT (not from the excluding school) • Clerk to panel (or an administrator appointed by the LA or Academies Trust) • Members of panel are required to have relevant training Clerk must make reasonable efforts to invite the following : • HT • Governing body • Parents plus supporter • LA rep (3 people, linked to NLC) for a maintained school or PRU. • Pupil may also attend if appropriate, plus supporter • SEN expert if requested by parent