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Children at risk of exclusion – Checklist of expectations

National government guidance, legislation and local Somerset context with regard to children and young people who present with challenging behaviour and are at risk of exclusion from school.

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Contents

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 3.1 - managed move or off site directionStep 3.2 - alternative provisionStep 3.3 - additional supportStep 3.4 - views of the pupil

Part of
Children at risk of exclusion – Checklist of expectations

National government guidance, legislation and local Somerset context with regard to children and young people who present with challenging behaviour and are at risk of exclusion from school.

1

Reasonable Adjustments

National Guidance or Legislation, and expectations

Reasonable Adjustments
2

In-school support and Identification of additional needs

National Guidance or Legislation, and expectations

Step 1: In-school support and Identification of additional needs
3

Engaging Specialist Support

National Guidance or Legislation, and expectations

Step 2: Engaging Specialist Support
4

Alternatives to exclusion and pre-exclusion considerations

National Guidance or Legislation, and expectations

Step 3: Alternatives to exclusion and pre-exclusion considerations
5

Specific situations

Pupils with an EHCP, Pupils who are looked after, one-off breach, and references

Specific situations

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.

Last reviewed: December 7, 2023 by Gemma

Next review due: June 7, 2024

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