Suspensions and exclusions

Ealing schools and the local authority (LA) work in partnership to raise standards and achievement and address the issues of behaviour and discipline within the school community. The LA recognises that in certain circumstances, a headteacher may feel they have no option but to exclude a pupil.

What suspension and exclusion means 

A child will be suspended or excluded from their school because of unacceptable behaviour.

Who suspends or excludes a pupil

Only a headteacher can decide to suspend or exclude a pupil from school or, if they are absent, a deputy head, who should make it clear that they are acting in the headteacher's absence.

Types and definitions of suspension and exclusion

There are three types of suspension and exclusion:

  • Permanent exclusion
    This means that the headteacher has decided that your child should not return to the school .
  • Suspension (previously Fixed term exclusion)
    A suspension is for a set number of school days, between one and 45 days in an academic year. The number of days will be stated in the letter that the headteacher has sent to you. The suspension is temporary and your child will return to school at the end of the suspension. Please note that the number of days stated by the headteacher relates only to school days and not weekends, holidays and teacher training days.
  • Lunchtime suspension
    This type of suspension is used to exclude a pupil for the lunchtime period only. A lunchtime suspension is treated as equivalent to half a school day.

Suspensions for indefinite periods are not legal.

Your responsibilities

During the first one to five days of a suspension (except for a lunchtime suspension as specified above), you must ensure your child is not in a public place during school hours. If you fail to do so, you will have committed an offence under Section 103(3) of the Education and Inspection Act 2006 and will be liable to a fixed penalty. (There is no appeal process but you have a defence if you can prove you had reasonable justification for your failure to comply.)

If the exclusion is permanent or for a suspension of six or more days, you must ensure that your child attends the alternative full-time provision which will be put in place from the sixth day (again except for lunchtime suspensions). Failure to do so could lead to action being taken against you for the non-attendance.

What to do during a suspension or exclusion

It is important for you to liaise closely with the school; the school will be setting and marking work for your child for the first one to five days of any suspension or exclusion. You have the right to see your child's school record, but due to confidentiality restrictions, you must put your request in writing.

What to do if you do not agree with the suspension or exclusion

If you do not agree with the headteacher's decision to suspend your child you have the right to state your views to the governors of the school. This can be done by writing to the governors, via the clerk to the governing body at the school's address.

  • For suspensions of up to five days in one term
    If you do not agree with the suspension, you have the right to submit representations to the governors. The governors must consider and respond to your representations. You may also request that the governors meet to discuss the suspension, but they do not have to.
  • For suspensions between six and 15 days in a school term
    If you do not agree with the suspension, you have the right to submit representations to the governors. You also have the right to request that the governors meet to discuss the suspension. If you make this request, the governors must meet within 50 school days of the date they were notified of the suspension. The meeting is unlikely to take place before the suspension ends and the governors are therefore unlikely to be able to direct reinstatement. However, the meeting can still provide the opportunity for all parties to make their views known. You have the right to present your views both in writing before the meeting and by speaking at the meeting. The governors may then add their written views to your child's school file.
  • For all suspensions over 15 days in a school term (including permanent exclusions) or where your child will lose the opportunity to take a public examination
    The governors must meet to consider the headteacher's decision to exclude and that meeting must take place between the sixth and fifteenth school day after the date they were notified of the suspension. The governors will meet at a time convenient to you, school staff, the local authority representative and themselves.
    If, due to suspension, your child will miss the opportunity to take a public examination, the time limits do not apply and the governors will try to meet before the exam. A friend or relative may accompany you to the meeting to support you. It is advisable that your child attends, although it is recognised that this could be stressful for them.

Decisions the governors can make

The governors may decide that your child should be re-instated, in which case they will return to school as soon as possible. (For short suspensions the governors might not meet until after your child has returned to school).

If the governors decline to reinstate (i.e.uphold or agree with) the head teacher’s decision regarding a suspension, your child will return to school once they have served the number of days or lunchtimes originally stated by the head teacher.

If the governors decline to reinstate (i.e.uphold or agree with) the head teacher’s decision to permanently exclude your child, you have the right to request that an Independent Review Panel (IRP) review the decision.  Details of how to do this will be given in the governors’ decision letter sent to you after the meeting.  The decision of the IRP is final.  If your child remains permanently excluded at the end of process, the LA (or the home LA if not Ealing) will be responsible for making suitable educational.  

Advice

The LA can be contacted for advice on the process and procedures around suspension and permanent exclusion.  A representative of the LA will endeavour to attend all governors meetings for permanent exclusions and suspensions of more than 15 days. Their role is to advise the governors and to ensure that the school has followed DfE guidance.  The LA representative will also attend any independent review panels. 

Principal officer or support officer – Behaviour Service and Exclusions

2nd Floor, Perceval House
14/16 Uxbridge Road
Ealing W5 2HL
Telephone: 020 8825 5070
Email: exclusionsteam@ealing.gov.uk

Here is the statutory guidance on school suspensions and permanent exclusions

You may also find it useful to contact the Children's Legal Centre which aims to provide free legal advice and information to parents on state education matters.Tel: 0300 330 5485  

SENDIAS service provide information, advice and support to children and young people with SEND, including on exclusions.

Coram’s Child Law Advice service can be accessed through their website or Tel: 0300 330 5485, Monday to Friday, 8am – 6pm.

ACE Education run a limited service. Tel: 0300 0115 142, Monday to Wednesday, 10am - 1pm during term time.

Independent Provider of Special Education Advice (known as IPSEA) is a registered charity. It offers free and independent information, advice and support to help get the right education for children and young people with all kinds of special educational needs (SEN) and disabilities.

Ealing I SAID! offers free, confidential, accurate and impartial advice and support to families living in Ealing with a child who has special educational needs or a disability (SEND).

Impartial support, advice and information on disability and special educational needs (ISAID)
The ISAID service provides advice, information and support on education, health and care issues to children and young people with SEND aged up to 25 and their parents/carers. 

An ISAID caseworker may support you with the suspension and exclusion process if you feel the suspension and exclusion involves your child’s special educational needs or disability.

Family Action I SAID
Lido Centre
63 Mattock Lane
West Ealing
W13 9LA
Telephone: 020 8280 2251
Email: isaidealing@family-action.org.uk
Website: www.family-action.org.uk/isaid