Readers will know that new statutory exclusions guidance applies to all fixed-term and permanent exclusion decisions from 1 September 2022. Before delving into its implications, however, it is important to note that two additional DfE documents should be read alongside it: Behaviour in schools, and updated Screening, searching and confiscation advice.
The key changes
Schools will notice the use of the term “suspension” when the guidance refers to a fixed-term exclusion (FTE). The legislation has notbeen amended to reflect this terminology, and it will be for individual schools to use the terminology of choice, though policies and correspondence with parents and carers should be consistent throughout.
The DfE continues to support headteachers and recognise that exclusions can be used to establish high standards of behaviour and maintain the safety of school communities. However, the expectation in the new guidance is that allalternative strategies, such as directing a pupil off site to improve their behaviour or a managed moveshould be considered as a tool to improve a pupil’s behaviour, before turning to exclusion.
Governing bodies are expected to scrutinise exclusion data, and there is now more detail in the guidance about off-rolling and unlawful exclusions. Ofsted is likely to judge a school as ‘Inadequate’ if there is evidence of off-rolling. Schools must ensure that they comply with their duties under the Equality Act 2010 and the guidance now expressly states that a failure to make reasonable adjustments for a pupil with a disability that can manifest itself in breaches of school rules if needs are not met “may be discriminatory”.
There is more detail about how a pupil’s views should be considered
There is also more detail about how a pupil’s views should be considered in light of their age and understanding, both when the headteacher is making a decision and when the governing body review an exclusion. Headteachers should inform pupils about how their views have been factored into any decision made. Where relevant, pupils should be given support to express their views before the decision is made, including through advocates such as parents or, if the pupil has one, a social worker.
It is now a requirement that if a pupil has a social worker or if a pupil is looked-after, the headteacher must notify the social worker and/or the Virtual School Head (VSH) without delay. Both the social worker and the VSH are entitled to attend any meeting of the governors to consider the exclusion. They are also encouraged to provide information as to the circumstances of the individual child which may have some bearing on the reasons for the behaviour leading to the sanction imposed.
When headteachers suspend or permanently exclude a pupil, they must also notify the local authority “without delay” regardless of the length of any FTE. The previous exclusions guidance stated that the local authority could be notified of certain types of exclusions once a term.
There is also more detail on the need to have an effective reintegration strategy following a FTE or off-site direction and the process a headteacher must follow if they cancel an exclusion before it has been reviewed by the governing body.
What does this mean for schools?
All in all, the guidance represents a greater burden of accountability for school leadership teams in their use of exclusions. It is clear that a school’s response to behaviour issues and the use of proportionate and appropriate sanctions will come under closer scrutiny by parents, the local authority, independent review panels and the regulators.
Schools should carefully record all conversations, investigations and referrals to outside agencies when dealing with all behavioural incidents so that there is a clear evidence trail to support a robust response on behalf of the school if challenged. It will also be important for senior leaders and governors to be provided with updated training on the new statutory guidance and their school’s policies.
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