When pupils are excluded from school, they cannot attend the school premises or receive their usual education during the period of exclusion. To ensure they can continue to access education, there are rules around the provision of education. Both schools and local authorities have duties to arrange this education, depending on whether the exclusion is a suspension or a permanent exclusion. This page covers what education must be provided and who is responsible for arranging it.
Introduction
The type of alternative education an excluded pupil is entitled to, and who is responsible for arranging it, depends on whether the exclusion is a suspension (and its duration) or a permanent exclusion.
Guidance on alternative education can be found in part six of the School exclusion guidance, in the context of school exclusions, and more generally in the Alternative provision guidance.
Suspension – five school days or fewer
For a suspension of five school days or fewer, neither the school nor the local authority has a statutory duty to provide alternative education. However, the school should set and mark work for the school days the pupil is suspended.
Suspension – six school days or more
For a suspension of six days or more, the governing board must arrange suitable full-time education for any pupil of compulsory school age. Where a pupil receives consecutive suspensions, these are regarded as a cumulative period of suspension for the purposes of this duty.
Whilst the statutory duty on governing boards is to arrange full-time education from the sixth day of a suspension, there is an obvious benefit to the pupil in starting this provision as soon as possible. Therefore, the governing board can put this in place earlier. Where it is not possible, or not appropriate, to arrange alternative provision during the first five school days of a suspension, the school should take reasonable steps to set and mark work for the pupil.
Permanent exclusion
For permanent exclusions, the local authority must arrange suitable full-time education for the pupil to begin from the sixth school day after the first day the permanent exclusion took place. This will be the pupil’s ‘home authority’, i.e. the local authority where the pupil lives.
Following the same principle as above, while the statutory duty is to provide full-time education from the sixth day of a permanent exclusion, there is an obvious benefit to the pupil in starting this provision as soon as possible. Therefore, the local authority can put this in place earlier.
Pupils with a Social Worker or an Education, Health and Care Plan
The position outlined above still applies. However, for pupils with an Education, Health and Care Plan (EHCP), as well as those with a social worker – particularly looked-after children – the local authority has additional responsibilities and is likely to be more involved in discussions around alternative provision.
Where a pupil has an EHCP, the local authority may need to review the plan or reassess the child’s needs, in consultation with parents, with a view to identifying a new placement.
Where a looked-after child is excluded, the school should document the provision of immediate suitable education in the child’s Personal Education Plan. Promoting the education of looked-after children and previously looked-after children provides further detail on securing appropriate education (pages 11-13). Alternative provision guidance (page 32) also states the following:
Where a looked-after child is likely to be placed in alternative provision, the designated teacher should contact the Virtual School Head as soon as possible. The Virtual School Head, working with the Designated Teacher and others, should consider what support the child needs to overcome barriers to attainment and achievement, giving equal consideration to the pastoral needs of the child, to ensure an appropriate alternative provision placement can be made. Where relevant, the school should also engage with the child’s social worker, foster carers, or children’s home workers.
In the case of a looked-after child or child with a social worker, the school and the local authority should work together to arrange alternative provision from the first day following the suspension or permanent exclusion.
What alternative education looks like
The alternative education provided from the sixth day of exclusion must be suitable and full-time.
What does full-time mean?
The law does not define “full-time education” but children should have provision, where possible, which is equivalent to the education they would receive in a mainstream school. This is set out on page 18 Alternative provision guidance.
What does suitable mean?
This means efficient education suitable to the child’s age, ability and aptitude and to any special educational needs they may have. This is set out in Section 19 Education Act 1996.
Does this mean attending another school?
Many excluded children will attend another education setting, often known as a Pupil Referral Unit (PRU) or an Alternative Provision (AP) Academy. These are types of schools that provide alternative education for children who cannot attend mainstream school, including those excluded.
Does there need to be a consultation with the parent and pupil?
It is ultimately the responsibility of the school or local authority to organise the provision, and the options will be limited. However, Alternative provision guidance (page 10) states the following:
Parents also have an important role to play throughout the planning and commissioning of the child’s placement and can provide necessary information about the child and their needs. Parents should always be consulted before new provision begins.
Children should be involved in decision making from the start to the extent that their age and health allow. How a child is engaged should reflect their age and maturity. This will help ensure that the right provision is offered and will encourage the child’s commitment and engagement.