top of page

School Exclusions Part 1 - Fixed Term

Updated: Apr 8, 2023



According to the latest statistics released by the Department for Education (“DfE”), children and young people with Special Educational Needs and Disabilities (“SEND”) are around four times more likely to be excluded from education than their peers[1]. These statistics cover both temporary, or Fixed Term Exclusions (“FTEs”) and permanent exclusions (“PExs”). This blog will focuse on the former.


The definition of an FTE is any period of time when a child is temporarily removed from school. This includes where a school asks a parent to collect a child early/bring them in late or tells them they cannot participate in an off-site excursion. In all cases the exclusion must be recorded in writing with the reason (which must be related to a breach of the school’s behaviour policy) clearly stated. Whilst an exclusion can be effective immediately, parents cannot be required to collect a child before the end of the school day. A child can only receive a maximum of 45 FTEs in any academic year (and this does not change if they move schools during the year). For the first 5 days of an exclusion the school should continue to set and mark work for the excluded child. Where any exclusion lasts longer than 5 school days, the school is required to arrange suitable full-time education from the sixth school day, for example at a Pupil Referral Unit (“PRU”).


It is possible to challenge an FTE, and where the exclusion is for more than 5 days or would take the number of excluded days in a term to more than 5, or where the period of the exclusion means that the child will miss a public examination (e.g. GCSE) or national curriculum test (e.g. SATS) the school's governing body must convene a meeting if the parent/carer requests one. For FTEs under 5 days, however, there is no such requirement to hold a meeting, although the governing body should still consider written representations if they have been made. In all cases the governing body has the power to direct that a note be placed on the pupil's file if they disagree with the fact or duration of the exclusion, although the exclusion cannot be expunged from the pupil's school record. It is also open to parents to make a discrimination claim if it is felt that the exclusion related to a child’s protected characteristic (including race, sex and disability) and/or to pursue a complaint under the school’s internal complaints procedure.


If you are concerned about an exclusion SEND Advocacy can provide advice and support including making representations on your child's behalf before the Governors and/or pursuing a Disability Discrimination claim. If you need someone in your corner to help you secure the education your child or young person deserves, contact us today.

Comments


Recent Posts