Features

School exclusions guidance

2 mins read Education Discipline and exclusions Legal
Kate Harvey, education adviser at Coram Children's Legal Centre, examines the potential impact of the proposed new exclusions guidance on pupils in England with special educational needs

In 2009/10, 5,740 children were permanently excluded from maintained schools in England. Of these, 74 per cent were children with special educational needs (SEN).

According to exclusion statistics, pupils with Statements of SEN are eight times more likely to be permanently excluded from school. The government has taken a step to address this in its proposed new exclusion guidance, Exclusion From Schools and Pupil Referral Units in England.

The guidance follows the changes made by the Education Act 2011, although the act’s exclusion provisions are not yet in force.

The guidance is clear: where children with SEN demonstrate persistent or serious poor behaviour, schools should consider whether alternative or additional support is required to prevent behavioural problems escalating to a point where exclusion is necessary. It is also unlawful for a school to exclude a pupil simply because they have additional needs that the school feels it is unable to meet.

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