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Would the young person’s return to the school cause serious harm to members of the school community?

Would the young person’s return to the school cause serious harm to members of the school community?

Introduction

A school only has the power to permanently exclude someone if allowing that pupil to return to the school would seriously harm the education or welfare of that pupil or other members of the school community.

This requirement is in the second part of a two-part test included at paragraph 11 of the exclusions guidance ,which contains the key test a school must satisfy to permanently exclude someone. The test states that the decision to exclude a pupil permanently should only be taken:

  • in response to a serious breach or persistent breaches of the school's behaviour policy; and
  • where allowing the pupil to remain in school would seriously harm the education or welfare of the pupil or others such as staff or pupils in the school.

Consider the evidence in the school's pack and any records you have received. Consider the opinions of any SEND experts working with the young person to see if there is further support available to reduce the risk the young person poses to others.

Next step? 

Ask the question: Is the school justified in stating that the young person would seriously harm the education or welfare of members of the school community?

If the answer is no, consider using the Suggested Wording document: Argument to the governing board: Second limb of the threshold found in Paragraph 11 is not satisfied

Once you have answered the question, click continue to proceed.

 

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This information is correct at the time of writing, 5th September 2023. The law in this area is subject to change.

Coram Children’s Legal Centre cannot be held responsible if changes to the law outdate this publication. Individuals may print or photocopy information in CCLC publications for their personal use.

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