Exclusions and the Law


Where can the law and Guidance around Exclusions be found?


“Improving Behaviour and Attendance; Guidance on Exclusion from Schools and Pupil Referral Units“ is valid for all exclusions from 1 September 2008.


What does the Guidance discuss?


The Guidance considers:

  • Permanent Exclusions
  • Fixed Term Exclusions
  • Illegal Exclusions
  • Alternatives to Exclusion
  • Exclusion of Disabled Students or students with Special Educational Needs
  • Race Relations
  • Looked after Children
  • Education for Excluded Young people
  • Return to Education for Excluded Young people
  • The Role of the Head Teacher in imposing an Exclusion
  • The Role of parents
  • The Role of the Governing Body
  • The Role of the Independent Appeal Panel
  • Further challenges to Exclusions


Who do these Regulations apply to?

  • All maintained schools, including nursery classes and schools and  6th forms which are part of a maintained school
  • PRUs
  • Academies should have regard to the Guidance and should not depart significantly from it without good reason


Who do they not apply to?


  • Independent Schools
  • City Technology Colleges
  • City Colleges for the technology of the arts
  • Sixth from colleges


When exclusion is not appropriate?


Exclusion should not be used for:
a) Minor incidents such as failure to do homework or to bring dinner money;

b) Poor academic performance;

c) Lateness or truancy;

d) Pregnancy;

e) Breaches of school uniform rules or rules on appearance (for example, relating to jewellery, body-piercing, hairstyles, etc.), except where these are persistent and in open defiance of such rules. (Pupils may be sent home, their parents first having been contacted – see paragraph 12d, on recorded authorised absence to change clothes without being excluded; this should be for no longer than is necessary, otherwise it may amount to an unofficial exclusion;

f) Punishing pupils for the behaviour of their parents, for example where parents refuse, or are unable, to attend a meeting and

g) Protecting victims of bullying by sending them home