Pupils with an EHC plan
If a school is worried about a pupil’s behaviour or the risk of suspension or permanent exclusion, and the pupil has SEN, a disability, or an EHC plan, the school should work with others (including the local authority if needed) to decide what extra support or a different placement might be needed. This should include checking whether the current support meets the pupil’s needs (Department for Education 2023 – page 23).
Where a pupil has an EHC plan and is at risk of exclusion, schools should seek advice from an external specialist as appropriate and adapt provision at an early stage. Children with EHC plan should not be permanently excluded without an Annual Review being held. Annual review meetings and reports should include recommendations following the input from the external specialists.
Pupils who are looked after (CLA)
Where a looked-after child (CLA) is at risk or likely to be subject to a suspension the Designated Teacher (DT) should contact the local authority’s VSH as soon as possible. Email thevirtualschool@somerset.gov.uk setting out the concerns.
Somerset’s Virtual School will work with the Designated Teacher and others to decide what extra assessments and support are needed. This is to help the school understand what’s affecting the child’s behaviour and reduce the risk of suspension or permanent exclusion.
The school should also engage with a child’s social worker, foster carers, or children’s home worker, specifically those who have Parental Responsibility (PR) to ensure the child or young person is appropriately safeguarded and their care supported.
Should a school be considering permanent exclusion of a looked after child, contact should always be made at the earliest possible point with Somerset’s Virtual School and the child or young person’s social worker. The Virtual School will always work with the school to explore alternatives to this course of action which can have damaging implications for looked after children.
A range of guidance and support materials around suspension and exclusion of looked after children are available on Somerset’s Virtual School’s website www.somersetvirtualschool.co.uk
The one-off Breach
Sometimes a serious one-off breach of the behaviour policy may happen that leads to an exclusion being considered, even though there has not been time to follow all the steps in this document.
It is important to note that in this situation, step 3 remains relevant. Every effort should be made to avoid permanently excluding a pupil where there has been insufficient opportunity to follow steps one and two. Somerset Council promotes the use of restorative practice as part of Trauma-informed Somerset.
This means pupils should be supported to make amends, learn from their mistakes, and show they are committed to the school after a serious one-off incident. This should usually happen alongside extra support from the school and, if needed, specialist services as set out in the checklist.
References
- Equality Act (2010) Equality Act 2010: guidance – GOV.UK (www.gov.uk)
- Children and Families Act (2014)
- DfE (2015) SEND Code of Practice 0-25 Years
- DfE (2023) Suspension and Permanent Exclusion from maintained schools, academies and pupil referral units in England, including pupil movement
- DfE (2022) Behaviour in schools: Advice for headteachers and school staff
- DfE (2023b) Keeping children safe in education 2025 (publishing.service.gov.uk)
- DfE (2022b) Working together to improve attendance
- DfE (2013) Alternative Provision: statutory guidance
- DfE (2018) Mental Health and Behaviour in Schools