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DfE plans legal duty for schools to set work during first five days of exclusion

Government sets out details of exclusions reform promised in the schools white paper
4 min read
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Schools will have a legal duty to set work for pupils to complete at home during the first five days of a suspension or exclusion, ministers have proposed.

The Department for Education has said it plans to make statutory a current recommendation that work be set.

Ministers also want schools to only use suspensions for “serious disciplinary reasons”. It has fleshed out its plans in a consultation on school exclusion reforms launched this morning.

Reforms also set out proposals for schools to form “reintegration support partnerships” with parents and pupils.

Government first announced in January it would introduce new guidance for schools to only use suspensions in the most serious cases of poor behaviour or violence. This would also include a framework for the use of internal suspensions.

Now, the DfE has set out an “ambitious programme” of exclusion reform that will “ensure all pupils can benefit from the opportunities education provides”.

This sets out three principles of reform and has put out a call for evidence of best practice across schools, as well as expert and parent opinion.

1. ‘Time limited’ internal suspensions

The first proposed reform is to introduce a “clear, time-limited framework” for internal suspension, allowing pupils removed from the classroom for behaviour reasons to “remain on site and maintain continuity of education”.

This will signal that suspension is for “serious disciplinary reasons”, the DfE said.

Suspensions have risen dramatically in recent years, jumping by 21 per cent between 2022-23 and 2023-24.

A Schools Week investigation also found widespread use of internal exclusions, with secondary schools that use internal exclusion isolating almost a fifth of their pupils from their classmates at least once each year.

The consultation document gives little detail on what will be in the framework. The DfE said in January that the guidance will ensure “consistency, fairness and quality” across settings.

2. Reintegration support partnerships

The second proposal is for schools to form “reintegration support partnerships” with pupils and their families.

The consultation document said this process, which will take place after a suspension, will involve a formal meeting where an “agreed plan with clear responsibilities” will be agreed.

This will “help ensure parents play an active part in supporting their child’s reflection and successful reintegration,” the document says.

3. School work in first five days

Academy boards and councils already have a statutory duty to arrange full-time education from the sixth school day of a suspension or permanent exclusion.

The DfE said there was an “obvious benefit to a pupil in starting this provision as soon as possible”.

But “where it is not possible, or not appropriate, to arrange full-time education during the first five school days of a suspension or permanent exclusion, schools should take reasonable steps to set and mark work for the pupil”.

Schools could use online pathways such as Google Classroom or Oak Academy, but ensure that pupils have access to this at home, the document said.

Current guidance states headteachers “should take steps to ensure that work is set and marked for pupils during the first five school days of a suspension”.

The use of the word “should” means the recommendation “should be followed unless there is good reason not to”.

The DfE told Schools Week it would change the wording to state schools “must” set work, making the duty statutory.

Call for evidence

The DfE is calling for evidence on how schools use suspensions “appropriately as part of effective behaviour management”.

It has also asked for parents’ views on their child’s experience of internal suspensions, as well as expert opinion.

Education secretary Lucy Powell said: “Absence and exclusion are too often a path to disengagement, with increased risks of becoming NEET. Too many young people who fall out of education risk being permanently left on the sidelines of work and opportunity.

“That’s why we want to ensure pupils who are suspended continue to learn, get the support they need, and have a clear route back into school. By acting earlier and keeping pupils connected to learning, we can help more young people fulfil their potential and reduce the number who go on to become NEET.”

The consultation and call for evidence closes on 19 November.

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