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Exclusion is a disciplinary action aimed at maintaining a safe and conducive learning environment for all students. Permanent exclusions, also known as expulsions, involve the removal of a student from a school with no expectation of return. This is typically considered when a student’s behavior is deemed to pose a severe and persistent risk to the well-being of others or if all alternative measures have been exhausted. The decision for a permanent exclusion is made by the Head teacher and is usually appealable to the school’s governing body and subsequently, in the state sector, to an Independent Review Panel.
Fixed term exclusions, on the other hand, are temporary suspensions from school for a specific period, usually ranging from a few days to several weeks. These are employed when a student engages in disruptive behavior but the school believes that the issue is not severe enough to warrant permanent exclusion. Fixed term exclusions serve as a disciplinary measure to address the immediate concerns, giving both the student and the school an opportunity to address and rectify the problematic behavior.
The process leading to exclusions, whether permanent or fixed term, involves adherence to legal procedures outlined in the Education Act 1996 and subsequent amendments. Schools must follow a fair and transparent process, ensuring that the student and their parents or guardians are informed of the reasons for exclusion and have the right to appeal the decision. Independent review panels may be involved in cases of permanent exclusions to provide an independent assessment of the situation.
It is essential for schools to strike a balance between maintaining discipline and ensuring the well-being of students. The use of exclusions, particularly permanent ones, is a significant decision that requires careful consideration of the circumstances and a commitment to providing support and alternatives for the student’s educational journey. The government continually reviews and updates guidelines surrounding exclusions to promote fairness and consistency across the state education sector in England and Wales.
If you need expert school exclusions legal advice, our dedicated team is here to support you. We specialise in helping children and parents navigate the complex procedures involved in school exclusions and appeals. Contact our Education Law Experts for professional advice and representation to ensure your child’s educational rights are protected.
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