COMMITMENT:

The Governing Body is committed to engaging learners attending ACT Schools. The decision to exclude any learner, whether fixed-term or permanently is not taken lightly and only after presentation of the facts surrounding the concerns and/or behaviour warranting the exclusion.

AIMS:

Please refer to the aims detailed within the School Behaviour Policy. ACT Schools believes that working consistently towards such behavioural goals will limit the number of fixed-term and permanent exclusions considered by the organisation during the academic year.

SCOPE:

Information detailed within this policy applies to all staff directly and/or indirectly involved with the teaching and learning andsupport for learners attending ACT Schools Provision.

RESPONSIBILITIES:

The ACT Schools Board of Governors has overall responsibility for this policy and its implementation.

Academic Year / Designated Senior Staff / Location
2017/18 / Zoe Goodall
Delivery Director / Ocean Park House
2017/18 / Kelly Rowlands
Senior Schools Manager / Ocean Park House & Academies
2017/18 / Kie Baldwin
Centre Manager / Cardiff Schools
2017/18 / Antony Leach
Centre Manager / Caerphilly Schools

The Senior Schools Manager and Centre Managers will be responsible for the implementation and day-to-day management of the policy and procedures.

TheDelivery Directorwill take responsibility for either the decision to exclude any learner, whether fixed-term or permanently in the absence of theSenior Schools Manager and Centre Managers.

All delivery staff will be responsible for ensuring that the procedures detailed within the School Behaviour Policy are followed and consistently and fairly applied.

COMMUNICATION & STORAGE:

This Policy will be communicated through governance, quality, centre and curriculum meetings.

It is stored on the Shared Drive: Tree/Policies and Procedures/Schools

DOCUMENT / POLICY CHANGE REQUEST:

Any requests for change to this policy must be submitted in writing to the Board of Governors.

DOCUMENT / POLICY REVIEW & APPROVAL:

This policy will be reviewed annually by a member of the ACT Schools Management Team and submitted to the Board of Governors for ratification.

Review Date / Changes Made / By Whom
October 2014 / Policy created / Christopher Partridge
March 2016 / Policy updated / Kelly Rowlands
December 2017 / Policy amended / Kelly Rowlands

1.THE LAW:

1.1The Governing Body and Schools Management Team must have regard to the guidance issued by the Secretary of State with regard to the activation of exclusion proceedings against any learner.

Exclusion from schools and Pupil Referral Units- Guidance document no: 171/2015 (April, 2015)

Inclusion and Pupil Support- Draft Guidance (December, 2015)

1.2This policy is created in line with the guidance introduced by the DfE in 2012. Independent Appeal Panels (IAPs) no longer exist and are replaced by Independent Review Panels (IRPs). There is no longer a right for IRPs to reinstate a learner following exclusion but if the decision of the Board of Governors to uphold a permanent exclusion is overturned, financial implications may occur. Current guidance places emphasis on the principles of natural justice and the lack of discrimination in cases of exclusion.

2.FIXED TERM & PERMANENT EXCLUSION:

2.1There are two types of exclusion: fixed term and/or permanent.

2.2There is a limit of 45 days in a school/academic year for fixed term exclusions.

2.3Permanent and/or any fixed term exclusions which result in the learner being excluded for more than 15 days, either singly or cumulatively, in any term must be reported to the Board of Governors and a review meeting convened.

2.4Any exclusion that would mean the learner missing a public examination must also be reported immediately to the Board of Governors for consideration at a review meeting.

2.5All other incidents of learner exclusion must be recorded in a timely manner and reported to the Board of Governors in the Senior Schools Manager Governance Report.

3.SCHOOL MANAGEMENT TEAM ROLES & RESPONSIBILITIES:

3.1Only the Senior Schools Manager may take the decision to exclude a learner from ACT Schools. In the absence of the Senior Schools Manager, the decision may be delegated to the Centre Manager. In the absence of the Senior Schools Manager and/or the Centre Manager the decision to exclude will be referred to the Delivery Director.

3.2The parent(s) and/or carer(s) will be informed immediately of the decision to exclude as will the local education authority and/or referring community school. Parent(s) and/or carer(s) will be invited to attend a review meeting with the Senior Schools Manager and/or Centre Manager prior to the learner being permitted re-entry to the academy. Parent(s) and/or carer(s) have the right to appeal any decision to exclude, in writing, to the Board of Governors.

3.3The duty of care placed on schools to ensure the welfare of learners suggests the importance of advising parent(s) and/or carer(s) by direct communication that a learner has been excluded prior to the learner leaving the premises of ACT Ltd.

3.4Exclusion will only be activated in evidence of a breach of ACT Schools Behaviour Policy and care must be taken by the Schools Management Team to ensure illegal and/or unofficial exclusions i.e. sending learners off-site for a “cooling down” period are avoided.

3.5Permanent exclusion is a last resort action where all strategies to change behaviour have failed. It must be demonstrated that to exclude a learner is also in the interests of the welfare of the excluded learner and others attending the academy. Permanent exclusion may be considered for consistent breaches of the ACT Schools Behaviour Policy and/or a single, serious breach of the aforementioned policy.

3.6Where an excluded learner has a Statement of Special Educational Needs or is placed on the SEN Register, it must be demonstrated that ACT Schools has provided extensive support to help the learner evidenced via individual positive handling plans and/or academic learning plans.

4.THE BOARD OF GOVERNORS:

4.1The Board of Governors must review, irrespective of a parent/carer’s wish, the decision of the Senior Schools Manager in the case of all permanent exclusions and fixed-term exclusions amounting to over 15 days in any one academic term, and this may be cumulative as well as single, fixed term exclusions. The quorum will require a minimum of three Governors with a clerk appointed by ACT Ltd. constituting a Governors Discipline Committee (GDC). The Centre Manager or designate in his/her absence cannot be a member of the GDC. Subject to the availability of Governors, the review meeting should convene within 15 working days of the most recent date of exclusion, with a minimum of 2 Governors present.

4.2Fixed term exclusions totalling 5 or less full school days or 10 or fewer half days occurring in any academic term must be reported to the Board of Governors at the next scheduled Governance Meeting. The Board of Governors reserves the right to initiate any meeting with an excluded learner and his/her parent(s) and/or carer(s) to consider their representations regarding the decision to exclude.

4.3If an exclusion means that a learner will miss a public examination, the GDC should try to meet before the date of the exam. If this is not practicable, the Chair of the Board of Governors may exercise emergency powers to review the exclusion.

4.4For fixed term exclusions of 6 to 15 school days the GDC should meet if representations from the parent(s) and/or carer(s) are received challenging the decision to exclude.

4.5For fixed term exclusions of more than 15 days in one academic term, or exclusions which cumulatively add up to the same, or permanent exclusions the GDC must hold a formal hearing within 15 working days of the most recent date of exclusion, whether or not the parent(s) and/or carer(s) submit representations.

4.6The GDC may confirm the exclusion or direct reinstatement of the learner. There is no legal requirement to impose a lesser sanction i.e. no expectation to commute a permanent exclusion to a fixed term.

4.7The GDC may direct any learner(s) excluded for a fixed term period, or permanently excluded and likely to miss a public examination are reinstated and permitted to sit the examination(s).

4.8Should the GDC direct reinstatement of any learner excluded, a full reintegration programme must be discussed with the Senior Schools Manager and Centre Manager.

4.9GDC decisions to endorse exclusion or reinstate learners should be communicated in writing within 5 working days of the GDC meeting.

5.PRINCIPLES OF NATURAL JUSTICE:

5.1All decisions to exclude are based on a balance of probabilities – both by the Centre Manager or his/her designate, and at any subsequent review meeting. In making the decision to exclude, Senior Schools Managers and/or their designate must ensure their decisions are fair and based on the facts of the incident and do not include any elements of discrimination.

5.2Members of the GDC should be impartial, unprejudiced and have no previous involvement or personal interest in the case.

5.3Parent(s) and/or carer(s) should be informed of the details of the case surrounding the decision to exclude and have an opportunity to challenge the decision. Cases for and against the decision to exclude should be presented without unreasonable interruption and parent(s) and/or carer(s) should be permitted to attend any hearing or meeting, in the company of a friend or adviser.

6.Appeals:

6.1Parent(s) and/or carer(s) have the right to appeal against the decision made by the GDC. The ACT Schools Complaints procedure outlines this process.

6.2If the case goes to appeal, this process cannot direct the reinstatement of a learner to ACT Schools Provision. The powers of the appeal process are restricted to upholding the decision to exclude or recommending the GDC reconsiders its decision to exclude.

References:

  • Safeguarding Policy & Procedure.
  • School Behaviour Policy
  • Anti Bullying Policy.
  • Inclusion Policy.
  • Fair Access to Assessment Policy.
  • Appropriate Practice Policy.
  • Appeals Policy & Procedure.
  • Complaints Policy.

Version 3 December 2017 1 Owner: Kelly Rowlands