According to guidance introduced in 2012, exclusion from school should only be used as a "last resort", and only in circumstances where allowing a child to remain in school would "seriously harm the education or welfare of the pupil or others in school". The test was designed to set a relatively high threshold for when exclusions are permitted, reflecting the severity of this measure and the negative impact they can have on children.
This test was altered under new exclusions guidance, which came into effect on 5 January 2015, notably, without any public consultation. The 2015 guidance changed this existing test and, in doing so, significantly lowered the threshold for the circumstances in which exclusions may lawfully be used. According to the new guidance, exclusions were to be permitted "where a pupil's behaviour means allowing the pupil to remain in school would be detrimental to the education or welfare of the pupil or others in the school".
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