Introduction
Parents sometimes call us and say their child has been sent home from school; they may have been told it is “just to cool off” and they have never received an official letter regarding the exclusion. These are all classed as “unofficial” exclusions which are unlawful.
Why do parents agree to this?
- They may not want it recorded on their child’s school record.
- They are worried if they do not agree to this the school may permanently exclude their child.
What are the benefits of an exclusion being made official?
- If there is no official record of an exclusion it doesn’t highlight the fact there are difficulties and it appears as if the school are managing the child’s behaviour.
- If nothing is recorded or evidenced a parent or carer may lose the right to speak to, or appeal to, the Governors of the school.
- The appropriate support agencies may not be involved if exclusion is managed this way, as it would appear there are no problems.
- Parents or carers will be unaware of the fine that can be imposed if a child is seen in a public place when they are excluded.
- Unofficial exclusion is unlawful.
Government Guidance
If a school cannot manage a child and requests that the child be removed from site then it should only be done as an official exclusion.
Government Guidance, "Suspension and permanent exclusion from maintained schools, academies and pupil referral units in England, including pupil movement" August 2024 states:
20. Any exclusion of a pupil, even for short periods, must be formally recorded. It would also be unlawful to exclude a pupil simply because they have SEN or a disability that the school feels it is unable to meet, or for a reason such as, academic attainment/ability; or the failure of a pupil to meet specific conditions before they are reinstated, such as to attend a reintegration meeting. If any of these unlawful exclusions are carried out and lead to the deletion of a pupil’s name from the register, this is known as ‘off-rolling’. An informal or unofficial exclusion, such as sending a pupil home ‘to cool off’, is unlawful when it does not follow the formal school exclusion process and regardless of whether it occurs with the agreement of parents.
As a parent or carer you can ask for any exclusion to be made official and request a re-integration meeting in school when your child returns.
If this is happening to you or your child and you would like to discuss it then please contact us.