Ensuring our children have the right support in school is vital, especially when facing challenges such as suspension or exclusion. Children in care are statistically three times more likely to be excluded from school than their non-care experienced peers.  Children with additional learning needs are also at much higher risk of exclusion, which is currently around 30% of care experienced children. In the face of such stark statistics, should we be looking more closely at the possible route causes rather than settling too quickly on excluding children from school? In other words, should school exclusions be challenged? Read our school exclusion guidance below.

What are exclusions and suspensions?

A suspension is a set number of days that a child cannot attend their school, due to breaking rules set out in the school’s behaviour policy. It can only be for a maximum of 45 days per school year.

An exclusion (sometimes called a ‘permanent exclusion’) means that a child can no longer attend their school unless one of the following is actioned:

1. The school governing board says they can return
2. The headteacher cancels the exclusion

All exclusions and suspensions are decided on by a Head Teacher, after reviewing the behaviour policy and evaluating suitable disciplinary procedures.

TACT’s school exclusion guidance

Let’s look at eight points that make up our school exclusion guide: steps and considerations that we should be actioning before possibly defaulting to school suspensions or exclusions for children in care.

1. Children in care have additional legal protections

Under education law in England and Wales, children in care have additional legal protections. Head Teachers must consider their unique needs and circumstances before making decisions about discipline. Foster children should have a Designated Teacher who understands their background and advocates for them within the school setting, as well as a Local Authority Virtual School officer who should have oversight of the current situation.  In terms of exclusions, the Virtual Head must be notified by the school.

In Wales, the Additional Learning Needs (ALN) system has replaced Special Educational Needs (SEN), ensuring that looked-after children receive the necessary educational support. Each local authority should have a Looked After Children in Education (LACE) coordinator (or Virtual Head in some cases) to help oversee their educational needs.

Ensuring that legal routes and processes are followed, and that children are properly advocated for, is by far the most important factor when considering suspensions or exclusions.

2. Building strong relationships with schools

Establishing a good relationship with schools, particularly with form teachers, the school’s SENCO (Special Educational Needs Coordinator) in England or ALNCO (Additional Learning Needs Coordinator) in Wales, and the Designated Teacher for looked-after children, can make a huge difference.

Regular communication ensures that the school are aware of children’s needs and circumstances and can be more proactive in providing support or reasonable adjustments. PEPs (Personal Education Plans) or emergency Annual Reviews are always available should they be required.

3. Early intervention is key

Many issues faced by children in care can stem from unmet emotional or learning needs. If a child is struggling, additional support should be requested as soon as possible. This could include reasonable adjustments, extra tutoring, additional pastoral care, or assessments for special educational or additional learning needs.

Early intervention by professionals within the team around the child can prevent situations escalating to an exclusion or suspension level of action from a school.

4. Understand school suspension & behaviour policies

It is helpful to be familiar with the Behaviour Policy of a specific school.  This should be available to view on the school’s website.  It should detail how disciplinary matters are dealt with and what approach the school would take. 

The key action here is to evaluate whether the specific reasons for suspensions or exclusions proposed by a school match what they have stated in their behaviour policy. Exclusions should always be the last resort, so it should be checked that all other approaches and strategies have been exhausted before accepting the exclusion. Has the child been spoken to, and has their account been properly heard?

It should also be noted that just because a policy states a school’s position on behaviour and its consequences, it does not mean that it cannot be questioned or challenged.

5. Challenging unfair exclusions

Any suspension or exclusion from school can be challenged. Schools must demonstrate that they have made reasonable adjustments and used all available support strategies before resorting to exclusion. They need to prove that they have followed due process and have involved a child’s social worker and Virtual School Head (VSH) in all decisions.

If the correct procedures and approaches have not been followed, exclusions can be deemed unlawful.

The appeal process would start with the school’s governors. If they do not overturn the exclusion, an independent review can be conducted by a local authority. A Local Government Ombudsmen can establish whether a case was handled properly, however they cannot overturn the exclusion.

6. The alternatives to exclusion

As mentioned earlier, exclusion should always be a last resort. Some alternative strategies could include pastoral interventions, access to mental health services, assessments for additional learning needs, off-site directions, alternative provision, or reduced/part-time timetables.

Many of these alternatives need to be agreed by the Virtual School Head before being put in place. However, the adult with parental responsibility for the child does not need to agree to any alternative approaches.

7. The importance of attending meetings

It is important that any meetings called by the school concerning a possible exclusion, are properly attended – and that those attending advocate strongly for the child.

Gathering evidence of support needs, discussions with social workers, and how an exclusion may negatively impact a child’s stability and education are all recommended preparation steps.  Attending regular PEPs is key to understanding what school are doing to support a child, and can provide an opportunity to voice how the Pupil Premium Grant is spent.

8. Promoting a positive school experience

Helping children feel valued and supported in their educational environment can have a positive impact on wellbeing, behaviours and how they perceive education.

Finding ways to increase a sense of belonging and self-esteem can help keep children better engaged at school, so encouraging participation in school activities, extra-curricular clubs or sports, praising their efforts, and fostering a love of learning at home can all have a positive effect.

Challenging school exclusions is not about undermining a school’s authority. It is about prioritising the wellbeing and rights of children, ensuring that timely and relevant interventions have been actioned before the decision to suspend or exclude is reached. All young people have a right to a stable and supportive learning environment where they can thrive.

Nurturing positive working relationships with schools to enable successful and timely cross-organisational working is key. It is important to recognise that a school has a commitment to the wellbeing, safety and educational development of ALL children, so any disciplinary decisions need to reflect this.

However, the bottom line is that exclusions are viewed as a last resort for a reason: they can have a significant impact on a child’s emotional well-being and educational attainment.

Find out more about TACT’s Education Service