The Child Law Advice Service every so often receives calls from concerned parents of pupils, and from pupils themselves, who have not been permitted to progress from year 12 to year 13 at college because the pupil has not reached a particular academic standard. This could amount to an unlawful exclusion if the pupil attends a sixth form attached to a maintained school, academy, free school or pupil referral unit.
Statutory guidance on exclusions
The 2012 Department for Education guidance on exclusions applies to all pupils attending a school, including those below or above compulsory school age, such as those attending nursery classes or sixth forms. These schools must have regard to this guidance - in other words it must be followed unless there is a good reason not to in a particular case. The only colleges who are entitled to have their own exclusions policy are standalone sixth form colleges and 16-19 academies.
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