Legal Update: Legal Q&A - School exclusion

A: During the first five days of a period of exclusion (whether fixed-term or permanent), the parents of the excluded pupil must make sure that he or she is not present in a public place during school hours, unless there is a reasonable justification. Failing to ensure this is an offence, and parents may be given a fixed fine of ú60. If the school or local authority is of the view that parents could better influence the behaviour of the pupil, a parenting contract may be offered.

For a fixed period exclusion for more than five school days, the governing body (or local authority in relation to a pupil excluded from a pupil referral unit) must arrange suitable full-time education for any pupil of compulsory school age. This provision must begin no later than the sixth day of the exclusion. For permanent exclusions, the local authority must arrange suitable full-time education for the pupil to begin no later than the sixth day of the exclusion. Also, where a pupil has a statement of SEN, the council must ensure that an appropriate full-time placement is identified in consultation with the parents.

Where it is not possible or appropriate for a school to arrange alternative provision during the first five days, schools should take steps to set and mark work for pupils. Work that is provided should be accessible by pupils outside of school

Do you have any questions?

Email them to clc@essex.ac.uk or call the Child Law Advice Line on 08088 020 008, The National Education Line on 0845 345 4345, Or visit www.childrenslegalcentre.com.