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Exclusions: keeping you informed

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Earlier this year Edward Timpson’s review on school exclusions raised the profile of the practice of exclusions, managed moves and alternative provision. Head teachers and governors are now under increasing scrutiny to conduct the end-to-end process in a fair and consistent manner (and in line with the statutory guidance) to ensure that the best possible outcome for the school, its staff, its pupils and the parents is achieved.

In this webinar, Senior Associate Hayley O’Sullivan, explores the current exclusions landscape, looks at prospective changes to policy and practice and share examples of best practice to help you avoid common pit-falls when it comes to managing exclusions.

Hayley also provides an overview to the existing statutory guidance, proposed developments in relation to managed moves and alternative provision and share her thoughts on the anticipated changes in regulation as a result of the review.

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Exclusions: keeping you informed

  1. 1. Join the conversation @brownejacobsonJoin the conversation @brownejacobson Exclusions from schools
  2. 2. Join the conversation @brownejacobsonJoin the conversation @brownejacobson Hayley O’Sullivan, Senior Associate hayley.o’sullivan@brownejacobson.com +44 (0)121 237 3994 Exclusions from schools
  3. 3. Join the conversation @brownejacobsonJoin the conversation @brownejacobson Agenda • Exclusions Landscape • Prospective changes to policy and practice • The exclusions process • Top tips to avoid common pitfalls
  4. 4. Join the conversation @brownejacobsonJoin the conversation @brownejacobson Exclusions Landscape
  5. 5. Join the conversation @brownejacobsonJoin the conversation @brownejacobson Key Documents • Exclusion from Maintained Schools, Academies and Pupil Referral Units in England 2017 - Statutory guidance • School policies including behaviour, discipline, SEN and anti-bullying • ‘Sexual violence and Sexual harassment between children in Schools and College’ Advice from DfE
  6. 6. Join the conversation @brownejacobsonJoin the conversation @brownejacobson Key Documents • DfE guidance on behaviour, Searching and screening etc. • Technical Guidance for Schools in England, Equality and Human Rights Commission
  7. 7. Join the conversation @brownejacobsonJoin the conversation @brownejacobson Some statistics…2017/18 Rate of permanent exclusions has increased from 0.07% of pupils in 2010/11 to 0.10% in 2017/18
  8. 8. Join the conversation @brownejacobsonJoin the conversation @brownejacobson Prospective changes to exclusions policy and practice
  9. 9. Join the conversation @brownejacobsonJoin the conversation @brownejacobson The Headlines ‘Broken’ school exclusion system linked to knife crime surge
  10. 10. Join the conversation @brownejacobsonJoin the conversation @brownejacobson Timpson Review “Schools must be calm and safe environments and it is right that we support head teachers to establish strong school behaviour cultures, including by making use of exclusion where appropriate.”
  11. 11. Join the conversation @brownejacobsonJoin the conversation @brownejacobson 1. Increased and targeted funding 2. Alternative provision as a ‘first resort’ 3. Schools to be held accountable 4. ‘Right to return’ for home- schooled children 5. Ofsted to focus on use of exclusion 6. New guidance on managed moves 7. Focus on collaboration Timpson’s Recommendations
  12. 12. Join the conversation @brownejacobsonJoin the conversation @brownejacobson “The Department is taking forward an ambitious programme of reform which will respect head teachers’ powers to use exclusion, while equipping schools to support children at risk of exclusion and ensuring excluded children continue to receive a good education.” What progress has been made?
  13. 13. Join the conversation @brownejacobsonJoin the conversation @brownejacobson “As part of this, the Department will re-write guidance on exclusions and behaviour to offer clearer, more consistent guidance to schools on managing behaviour, the use of in-school units, managed moves and the circumstances where it may be appropriate to use exclusion…” What progress has been made?
  14. 14. Join the conversation @brownejacobsonJoin the conversation @brownejacobson “The Department is engaging with stakeholders including schools and local authorities on this ambitious programme of action, and it will publish guidance by summer 2020.” Nick Gibb, Minister of State for Schools 1 October 2019 What progress has been made?
  15. 15. Join the conversation @brownejacobsonJoin the conversation @brownejacobson Exclusions Process
  16. 16. Join the conversation @brownejacobsonJoin the conversation @brownejacobson Types of exclusions • Fixed • Permanent ‘in response to a serious breach or persistent breaches of behaviour policy and where allowing the pupil to remain in school would seriously harm the education or welfare of the pupil or others in the school’
  17. 17. Join the conversation @brownejacobsonJoin the conversation @brownejacobson Exclusions Process (3-4 stages) HT’s decision GB’s review Independent Review Panel
  18. 18. Join the conversation @brownejacobsonJoin the conversation @brownejacobson Top tips
  19. 19. Join the conversation @brownejacobsonJoin the conversation @brownejacobson • Issuing a PEX after a FTE • Principal’s letter needs to set out reasons for decision • Principal can withdraw exclusion before governors meet • Timescales Top tips to avoid common pitfalls
  20. 20. Join the conversation @brownejacobsonJoin the conversation @brownejacobson • Behaviour and SEND Policies are key • Governors’ role is fundamental • Getting documentation right • SEND complexities Top tips to avoid common pitfalls
  21. 21. Join the conversation @brownejacobsonJoin the conversation @brownejacobson Disability/SEN • Was the decision to exclude because of behaviour linked to disability (e.g. autism). If so, was the decision proportionate? • Did the school put in reasonable adjustments for the child – for example support to assist with the disability, but also adjustments to policies?
  22. 22. Join the conversation @brownejacobsonJoin the conversation @brownejacobson Disability/SEN • Did the school follow the SEN Code of Practice and its own SEND policy? (assess, plan, do, review)
  23. 23. Join the conversation @brownejacobsonJoin the conversation @brownejacobson Finances • The only costs which can be lawfully taken from Academies: – pupil funding (if academy has entered into agreement with the LA) – £4,000 fine may be made (if IRP order this) • No other LA charge is permitted
  24. 24. Join the conversation @brownejacobsonJoin the conversation @brownejacobson Prepare for Change • Self-assess school operations around behaviour and exclusions - check policies • Ensure senior leaders and governing boards receive appropriate training • Engage with other schools, external agencies and the LA • Review the school’s current approach to AP
  25. 25. Join the conversation @brownejacobsonJoin the conversation @brownejacobson Questions? Please note The information contained in these notes is based on the position at October 2019. It does, of course, only represent a summary of the subject matter covered and is not intended to be a substitute for detailed advice. If you would like to discuss any of the matters covered in further detail, our team would be happy to do so.
  26. 26. Join the conversation @brownejacobsonJoin the conversation @brownejacobson Hayley O’Sullivan, Senior Associate hayley.o’sullivan@brownejacobson.com +44 (0)121 237 3994 Exclusions from schools

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