Essential Check List

Here is a step-by-step guide for headteachers in Wales when managing a pupil exclusion, from the decision to exclude through to potential appeals

 

Step 1: Decision to Exclude

 

Before deciding to exclude a pupil:

1. Assess seriousness: Exclude only serious breaches of the behaviour policy and where allowing the pupil to stay would seriously harm the education or welfare of others.

2. Gather evidence: Conduct a fair investigation and apply the ‘balance of probabilities’ standard.

3. Consider mitigating factors: Use the non-exhaustive list of mitigating factors in Sanction Guidelines

4. Document actions: Keep written records of the incident; timelines, signed statements, and rationale of decision using Sanction Guidelines.

 

Exclusion must not be used for minor incidents (e.g. uniform breaches, truancy, or academic performance).

 

Step 2: Informing the Learner and Parent/Carer

 

Notify the ‘relevant person’ without delay:

 

1. First by phone, then in writing within one school day.

Letter must include:

• Type and length of exclusion (fixed-term or permanent).

• Reasons for exclusion.

• Right to make representations to the discipline committee.

• Work arrangements during exclusion.

• Reintegration meeting invitation (for fixed-term).

• Contact details for the LA officer and appeal options (if permanent).​

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Step 3: Notify the Discipline Committee and Local Authority

 

Within one school day, inform:

1. Discipline Committee of the governing body.

2. Local Authority (and ‘home’ LA if learner lives outside your LA).

3. Information to include: name, age, ALN/IDP status, care status, exclusion type, and code (e.g. physical assault, racism, drugs).

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Step 4: Discipline Committee Review

 

The governing body’s Discipline Committee must convene a meeting:

1. Within 6–15 school days for permanent exclusions or where fixed-term exclusions exceed 15 days.

2. Between day 6–50 if fixed-term exclusions are over 5 days and the parent requests a meeting.

3. Invite: parent/carer and/or learner, headteacher, and LA officer.

4. Hear representations and evidence, and decide whether to uphold or overturn the exclusion.​​

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Step 5: Appeal to Independent Panel (if permanent exclusion upheld)

 

If the Discipline Committee upholds a permanent exclusion:

Parents/learners have 15 school days from written notification to appeal to the Independent Appeal Panel.

The LA must:

1. Convene the panel within 15 school days of the appeal being lodged.

The panel may:

1. Uphold the exclusion.

2. Direct reinstatement.

3. Decide reinstatement would be justified but is not practical (with justification).

 

Step 6: After the Appeal Hearing

 

1. The panel’s decision is final and binding.

2. LA arranges suitable full-time education within 15 days of final decision if the exclusion is upheld.

3. If reinstated, the headteacher must readmit the learner on the specified date.

 

Parents/carers may complain to:

 

1. Public Services Ombudsman for Wales (maladministration).

2. Judicial Review if the decision is unlawful.

3. Welsh Ministers (only for procedural issues at the committee level, not appeal outcomes).

 

Step 7: Reintegration and Post-Exclusion Planning

 

Even before the appeal concludes:

 

1. Set and mark work from day 1 of exclusion.

2. Organise a reintegration meeting (statutory for exclusions of 6+ days in secondary schools).

 

Work with the LA to:

 

1. Assess learner needs.

2. Develop a pastoral support programme (PSP) and/or reintegration plan.

3. Identify the next educational setting.

4. Prioritise reintegration to mainstream education where possible.​