Step 3.1 - managed move or off site direction
National Guidance and or Legislation
Headteachers should also consider the following: a) an off-site direction (a temporary measure that maintained schools and academies for similar purposes can use) or b) managed moves (permanent measure) as preventative measures to exclusion. (DfE, 2023, p.19)
Expectations
A managed move or off site direction has been fully considered as an alternative option to exclusion.
Step 3.2 - alternative provision
National Guidance and or Legislation
Alternative Provision: statutory guidance
(DfE, 2013)
Expectations
Where a child or young person needs an alternative offer, the setting has coordinated the use of alternative provision with a clear rationale and maintained ownership of the provision.
Step 3.3 - additional support
National Guidance and or Legislation
Where a school has concerns about the behaviour, or risk of suspension and permanent exclusion, of a pupil with SEN, a disability or an EHC plan it should, in partnership with others (including where relevant, the local authority), consider what additional support or alternative placement may be required (DfE, 2023, p.23).
Expectations
Child / young person has been discussed at an area-based- panel and appropriate feedback and advice has been sought from the PRU and other school leaders. The Peer Challenge: Before deciding whether to issue an exclusion, a head teacher should contact another head teacher for a fresh perspective and this document can be used as a guide in considering whether all necessary steps have been taken.
Step 3.4 - views of the pupil
National Guidance and or Legislation
Headteachers should also take the pupil’s views into account, considering these in light of their age and understanding, before deciding to exclude, unless it would not be appropriate to do so. They should inform the pupil about how their views have been factored into any decision made. (DfE, 2023, p.11).
The headteacher should also take account of any contributing factors identified after an incident of misbehaviour has occurred (DfE, 2023, p.12).
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 (DfE, 2023, p.16).
Expectations
Prior to a decision to exclude, the head teacher must be satisfied the decision is lawful, proportionate and fair. The views of the pupil must be taken into account and factor into the decision.
The decision must also take into account the context, factors and circumstances that influenced misbehaviour.
Particular attention should be paid to ensure that exclusion is not being considered due to appropriate SEN provision not being put in place as this is not a lawful reason to exclude. For those with SEN, a head teacher should be confident that appropriate provision was in place and advice from specialists implemented effectively.