August 2015 A responsive County Council providing excellent and efficient local services

Children & Young People’s Service

Clerking a Pupil Discipline Committee

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General guidelines for pupil discipline cases and meetings of Pupil Discipline Committees (PDC’s).

Introduction This booklet has been prepared to assist Clerks to Pupil Discipline Committees to fulfil their roles as effectively as possible. In addition to this booklet Clerks, Headteachers and Governing bodies are recommended to read the DfE (Department for Education) Exclusion from maintained schools, Academies and pupil referral units in England issued in September 2017. DfE Exclusion Guidance Sept 2017 The guidance to North Yorkshire schools is/will be available, together with other useful information can be found here Clerks to Governing bodies need to be clear whether they have also been appointed as Clerk to the Pupil Discipline Committee (PDC). Whilst Clerks to Governing bodies do not have to be Clerks to PDCs it is recommended good practice that they should be. This is a matter that requires a decision by the Governing Body at the time that the committee is established – usually at the first Governing Body meeting in the Autumn Term. The important issue is that Governing bodies do appoint a Clerk to the PDC because of the need to adhere to very strict time limits in the event of an appeal having to be heard by the PDC. Although under the 2017 Guidance it does not stipulate that a Clerk should be appointed it does state that “that clear minutes are taken of the meeting as a record of the evidence that was considered by the Governing Body”. It would be good practice for a Clerk to be appointed and it is suggested that the Headteacher or a Governing Body cannot be the Clerk. The LA suggests that the Governing Body should appoint a Pupil Discipline Committee (PDC) at the first meeting in the Autumn Term. Ideally this should consist of between 3 and 5 members and have both male and female representation. Governing bodies may find it advantageous to appoint a panel of Governing Bodies from which the PDC may be drawn in a previously agreed order (e.g. alphabetically but care should be taken to ensure that Governing Bodies are unbiased/have no or as little previous knowledge regarding the incident/case as possible). The quorum for a meeting is 3. Also, because of the need to adhere to strict time limits, it is important that the PDC is given full delegated authority in respect of its terms of reference. Suggested terms of reference are given on the cyps.info website provided by Governing Body Support. All information can be accessed here. Prior to a Meeting of a Pupil Discipline Committee (PDC) Clerks can expect to receive first notification of a decision to exclude a pupil whether for a fixed period or permanently, from copies of the following correspondence provided by the Headteacher:

the letter sent to a parent(s)1 giving the reason(s) for the exclusion,

notification of the decision to the Exclusions Office at County Hall which may include, in addition to the standard form required by the LA, any additional background material provided by the school to justify the exclusion.

The Headteacher must, without delay, notify the Governing Body and the local authority of:

any permanent exclusion (including where a fixed-period exclusion is followed by a decision to permanently exclude the pupil);

Fixed period exclusion either of more than 15 school days or cumulative exclusions in one school term of more than 15 school days

any exclusion which would result in the pupil being excluded for a total of more than five school days (or more than ten lunchtimes) in a term; and

any exclusion which would result in the pupil missing a public examination or national curriculum test.

1 The term “parent” in this booklet includes anyone who has parental responsibility for, or care of, a child. In cases of exclusion where the pupil is over 18 years of age ‘pupil’ should be read for parent.

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Key points relating to exclusions:

only the Headteacher, or in the absence of the Headteacher, the teacher who is acting in that role, can exclude a pupil and this must be on disciplinary grounds. The Acting Headteacher must have been appointed to that role for a period of time by the Governing Body. If the Headteacher is out of school then this does not allow anyone acting to take such a decision;

exclusions can be permanent or for a fixed term. A further fixed term exclusion or permanent exclusion can only be issued in exceptional cases where further evidence has come to light

permanent exclusions and all fixed term exclusions that would lead to a pupil being excluded for over 15 days in a school term or missing a public examination automatically trigger a meeting of the PDC; Where a subsequent exclusion is issued after a >15 day exclusion meeting has taken place this would trigger a further meeting of the PDC

parents retain the right to request a meeting of the PDC for shorter cumulative fixed term exclusions of more than 5 but not more than 15 school days in a term.

on the completion of a term a school would start counting again for cumulative exclusions for the following term;

no child can be excluded for more than 45 days in one academic year

in the light of its consideration, the Governing Body through the PDC can either:

• decline to reinstate the pupil; or • direct reinstatement of the pupil immediately or on a particular date.

if the decision is to decline to reinstate the pupil to school for a permanently excluded child, the parent(s) have the right to have the PDC’s decision reviewed by the Independent Review Panel; (for fixed term exclusions there is no right of appeal – and once the governors have reviewed the Headteachers’ decision it cannot be withdrawn by the Headteacher

the PDC cannot increase the severity of an exercise they can only:- • decline to reinstate the pupil; or

• direct reinstatement of the pupil immediately or on a particular date

For cumulative exclusions of 5 days or less in a school term, parents can make representations to the PDC but the committee cannot overturn the exclusion – the consideration of the representation must be put on the child’s file.

Where there is police involvement and parallel criminal proceedings the PDC has no power to postpone the meeting to consider the pupil’s exclusion beyond the statutory time limit. (Please refer to section 12 of the guidance)

Please note however that care should be taken to ensure that the Guidelines are up to date. The current DfE Guidance that should be followed is referred to in the introduction to this booklet. Convening a meeting of the PDC – (please refer to the Governing Body Summary attached Annex G) Points to bear in mind in setting up a meeting of the PDC are:

the statutory time limits for a meeting to be convened are:

i. for a fixed term exclusion of between 6 and 15 school days in any one term, (which does not bring the pupil’s total number of days of exclusion to more than 15 in one term) within 50 school days of the start of the exclusion, but only if the parent requests such a meeting.

ii. for a permanent exclusion, or a fixed period exclusion of more than 15 school days in one term, (or which brings the pupil’s total number of days’ exclusion to more than 15 in one term) 15 school days from the date on which notice in writing of the Headteachers’ decision is given to parents. Notice is deemed to have been given on the same day if it is delivered or on the second working day after posting if it is sent by first class mail.

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iii. if a pupil’s total number of days of fixed period exclusion exceeds 15 school days in one term, any subsequent fixed period exclusion(s) of the pupil in the same term would again trigger the Governing Body’s duty to consider the circumstances of the exclusion.

iv. if any exclusion would result in the pupil missing a public examination the PDC should try to meet before the date of the examination. If exceptionally, it is not practical for the PDC to meet before the time when the pupil is due to take the examination then, the chair of Governing Body – using his/her power to act in an emergency – may consider the exclusion and decide whether or not to re-instate the pupil. In these cases, the parent(s) has the right to make oral representations to the PDC or as the case may be, the chair. If possible the chair should have the advice of the Clerk and a LA officer.

NB: Governing Bodies can take a decision to allow a child onto school premises in order that they can take an examination/test even if they are excluded from the premises

if any Governor has a connection with the pupil or the pupil’s family, or has knowledge of the

incident that led to the exclusion, which could affect his/her ability to act impartially, he or she should declare this to the Clerk and step down;

invite the parent(s)/carers, pupil (if applicable NB: Excluded pupils should be enabled and encouraged to participate at all stages of the exclusion process, taking into account their age and ability to understand) , Headteacher and an LA officer to the meeting at a time and place convenient to all parties (but in compliance with the relevant statutory time limits). A standard letter is at Annex ‘A’. Please note that the LA rep will try to send a representative to all permanent exclusion meetings although this is not always possible due to capacity issues (For Academies’ the LA will try to send a representative to all Permanent Exclusion meetings if invited to do so by either the parents or the school). For all permanent exclusions the LA will provide a Statement of Case for the Governing Bodies to consider

ensure that parent(s)/carers are aware that they are entitled to be supported at the meeting, e.g. by a friend, the Early Help Service or represented by their legal adviser, and try to establish whether they wish to attend (the Headteacher will usually have a good idea about this);

check whether the parents/carers have any special requirements which need to be met to enable them to attend the meeting or whether they require an interpreter;

ensure that there are suitable facilities for the parents/carers to meet privately with their adviser prior to the meeting; The meeting does not have to be held on the school premises but can be held at an alternative, suitable, venue which should be booked directly by the school.

establish whether the LA intend to make written representations to the PDC and whether a representative will be present at the meeting (generally this will only be for Permanent Exclusions and occasional longer fixed term exclusions);

advise all the parties of the date by which any written representations should be received;

ensure that all parties receive copies, at least 5 days in advance of the meeting, of all papers going to the PDC together with a copy of the agenda and a list of all those who will be present at the meeting (Including to the pupil if it is know that they are attending the meeting). If, for any reason, information has been received too late for circulation, there should be a short adjournment at the meeting to give time for the papers to be read and considered, and, where parents are represented, for them to consult with their representative – late paperwork SHOULD NOT be discounted; If possible each page (side of paper) should be clearly numbered to facilitate ease of reference during the meeting;

ensure that water or soft drinks are available at the meeting;

Whilst committees must adhere to the statutory time limits a failure to do so does not invalidate any decision on the ground that it was made out of time.

The Agenda for the Meeting A draft agenda for a PDC meeting is attached at Annex B

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The Record (Minutes) of the Meeting

The record of the meeting should record events which occur in meetings of the PDC and which do not normally figure in other committee meetings (e.g. the comings and goings of participants) to be able to demonstrate that the proceedings were “fair”; and so that it can be demonstrated that the PDC acted reasonably. Failure to act reasonably is one of the grounds on which a complaint can be made to the Secretary of State. The record should: list the documents presented to the meeting with confirmation that all participants received them;

in the case of documents tabled at the meeting note that all present were provided with a copy and were given the opportunity to read and discuss the documents with their representatives (it is good practice to offer private facilities for such discussions if requested in which case the meeting will stand adjourned to allow this to happen). Under no circumstances should any party attending the meeting be left alone with the PDC, including the Headteacher, before, during or after the meeting;

record the name(s) of everyone who attends the meeting and in what capacity;

record who chaired the meeting – if no-one has previously been elected to chair the meeting do not forget to elect a chair prior to the attendees being invited to join the meeting;

adhere to the order set out in the agenda;

detail any material points made by any of the parties not covered in any written representations;

record the decision of the committee i.e. either to decline to reinstate the young person or to reinstate the young person (in this latter case also record the date by which the child/young person is to be reinstated if not immediately);

if the chair uses his/her casting vote then record that fact (in those PDC’s with even nos. of members the chair has an extra or casting vote);

ensure that the committee gives the reason(s) for its decision and set out the reason(s) in the record of the meeting;

where exclusion was as a result of a number of issues rather than as a result of a single event, record the committee’s assessment of actions which had been undertaken to improve the child’s behaviour in considering whether to exclude again;

in the case of permanent exclusion where the decision to exclude is upheld, record whether the committee were satisfied (a) that all possible strategies to improve a pupil’s behaviour had been tried and had failed and (b) that there are satisfactory arrangements for the pupil to continue their education while away from school;

in the case of permanent exclusion where the decision is to re-instate, record whether it was considered that extra short term support from the LA would be required to ensure successful re-integration.

An example of a record/minutes of a meeting relating to a permanent exclusion is attached at Annex C. Other points to bear in mind The Clerk should always retain their actual notes of the meeting in the event of an appeal to an Independent Review Panel or the decision being challenged at a later date. Should parents seek judicial review of a decision by a PDC it is likely that any notes would be disclosable and a typed transcript may be requested by the Court. Similarly, a request for disclosure may be made following a complaint to the Local Government Ombudsman. Also, it should be noted:

it is not realistic to expect that the name of the pupil can be withheld from the members of the PDC or, in the case of a review of the PDC’s decision against a permanent exclusion, from the members of the Independent Review Panel. Therefore, there is no reason why the record of the meeting should not record the name of the pupil and of his/her parent(s)/carer;

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the burden of proof is “on the balance of probabilities” even where a criminal offence is alleged. Please refer to Para 8, 65 or the guidance, but if there are any queries you should contact Legal Services (01609 532924);

if there is any likelihood that a claim may be made alleging racial or disability discrimination or if the pupil has Special Educational Needs then it is essential that advice about the conduct of the meeting should be sought from Legal Services (tel: 01609 532924) prior to the meeting taking place;

the chair of the committee should sign the record of the meeting after the record has been agreed by him/her;

a separate confidential file should be kept containing agendas, records of meetings, all the documentation submitted in connection with each case and copies of letters sent;

where there is a request for a review of the PDC’s decision against a permanent exclusion it is the record of the meeting and the associated documentation that should be sent to the Clerk to the Review Panel;

the Headteacher is responsible for keeping the papers in a secure location.

Follow-up action after the meeting

write to the parent(s)/carer(s) (and/or the pupil if aged 18 years or over) and the LA within one school day of the meeting setting out the decision of the PDC and giving the reason(s) for the decision. Sample letters are at annexes D, E and F.

where the pupil resides in a different LA from the one that maintains the school then inform that LA – the pupils ‘home’ LA.

in the case of permanent exclusion, explain the right to have the PDC’s decision reviewed by an Independent Review Panel (IRP) to which they can make oral or written statements, giving the name and address to which to write, the timescale and explain that the notice of appeal should set out the grounds for the appeal;

in the case of permanent exclusion all correspondence must be copied to the Exclusions Officer at County Hall and the Clerk to the Appeals Panel; Parents should also be informed of their right to request an SEN expert at a Review Panel Meeting (see model letter D). Academy Trusts may arrange their own Independent Review Panel at their own cost but members of the Panel and the Clerk must be appropriately trained (within the 2 years prior to the date of the review). These meetings would be at their own expense. Academies may “buy into” the LA’s Independent Review Panel system. If academies choose to do so they should be in contact with The Appeals Clerk, Democratic & Legal Services (Tel 01609 532 943) to establish a likely cost to the academy.

in the case of a fixed term exclusion the letter to parent(s)/carer(s)/pupil should include the following paragraph: You should also be aware that if you think the exclusion relates to discrimination (under the

Equality Act 2010) you can also make a claim to the First-tier Tribunal (for disability discrimination) or a County Court (for other forms of discrimination). The address to which First-tier discrimination claims should be sent is the First-tier Tribunal (Special Educational Needs and Disability), 1st Floor, Darlington Magistrates Court, Parkgate Darlington, DL1 1RU https://www.gov.uk/courts-tribunals/first-tier-tribunal-special-educational-needs-and-disability

and ensure that the note of the committee’s decision and the reasons for decision on the exclusion are placed on the pupil’s record;

regulations require that where a function has been delegated to a committee that committee shall report to the Governing Body in respect of any action taken or decision made in the exercise of that function. It is therefore necessary for the PDC to report to the full Governing Body. For most committees this is usually in the form of the minutes of the committee. However, in this instance the report should just record the date the committee met, the reason for the exclusion, the period of the exclusion and whether the committee declined to reinstate the young person or directed the reinstatement of the young person and whether the reinstatement was immediate or by a particular date.

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Requests for a review of the PDC’s decision to the Independent Review Panel (Permanent Exclusions only)

In the event of a request for a review of the PDC’s decision to the Independent Review Panel: the Clerk to the PDC may not Clerk the Review Panel;

the Clerk to the PDC should provide to the Clerk to the Panel the following:

A copy of all the papers considered by the PDC; A copy of the minutes of the meeting of the PDC; Such other papers as may be requested by the Clerk to the Panel.

the PDC should be informed as soon as possible of the decision of the Review Panel and the reason(s) given for its decision.

In determining a review the panel can make one of three decisions: they may:-

uphold the Governing Body’s decision;

recommend that the Governing Body reconsiders reinstatement; or

quash the decision and direct that the Governing Body reconsiders reinstatement.

Should the decision be to recommend that the Governing Body reconsiders their decision then they must do so within 10 school days of receipt of the IRPs decision. In the case of a decision being quashed and direction being given that the Governing Body considers the exclusion again this must also take place within 10 school days. If the Governing Body do not offer to reinstate the pupil following reconsideration of the Panel’s decision the school must make a payment to the local authority of £4000 in addition to any Age Weighted Pupil Unit adjustment which would also take place. Also, if the Governing Body do not re-instate a pupil if the decision is quashed the exclusion does not count as a permanent exclusion on the child’s record for admission purposes. Reporting about exclusions to the Governing Body In schools with three terms in a school year fixed period exclusions totalling five or fewer schools days or ten or fewer lunchtimes or half days in any one term must be reported each term to the Governing Body for monitoring purposes. In the autumn term of each year a report should be given to the Governing Body on the total number of exclusions in the previous academic year with a brief analysis of reasons for the exclusions

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ROLE OF CLERK, CHAIR, PANEL MEMBER & EXCLUSIONS OFFICER – QUESTIONS AND ANSWERS THE CLERK: 1. Is there just to take notes? False – the Clerk is also there to advise on points of law and good practice.

2. Should advise the appellant on what papers they should put before the hearing? Partly true – the Clerk should check with the chair and could advise where the appellant needs objective endorsement or proof of a particular claim or point in their case. 3. The Clerk should advise the PDC on what decision to take?

False – the Clerk can only advise on points of law and guidance.

4. The Clerk should ask questions of parties to the hearing? Partly true – If the Clerk is concerned that a point needs clarification, it is better to suggest to the chair that they should do this – tactfully.

What should the Clerk do if:

a. A PDC member asks an inappropriate question and the chair does not intervene? - Intervene to warn the chair of a possible breach of guidance and rules of natural justice, if necessary in private, after suggesting a brief adjournment, where all parties should leave the room.

b. The PDC misdirects itself on a point of law and refuses to accept the Clerk’s advice? Warn them that their decision may be challenged through the Ombudsman’s complaint and/or a High Court judicial review application. It is however the PDC who must make the decision. Keep a careful note of all that is said. c. The PDC take a decision in favour of the appellant that does not appear to be justified by the evidence? Remind them that they have to give reasons for their decision. Ask for clarification of what part of the evidence led to their decision. Make a careful note of what is said. THE CHAIR: 1. The chair should refuse to accept additional evidence brought by the school on the day? False- This should be discouraged, but the chair can allow either party to bring up something new in response to a question or comment and/or to put forward new evidence about the event that led to the exclusion, including evidence that was not available to the Headteacher or GB. The other parties must be given time to consider new evidence, so an adjournment may be necessary. The school cannot introduce new reasons for the exclusion. 2. The chair should ask the parties if they have had a fair hearing? False – To avoid pressurising the parties, it is better to ask at the end of the hearing if they have said everything that they want to say. If they say no, they should be given a chance to make further points. 3. The chair should give his/her opinion first when the decision is being taken? False – the chair should first ask the other panel members to give their opinion and their reasons for it based on the evidence before them.

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What should the Chair do if: a. A PDC member says before the hearing that he/she does not think the appeal should be allowed as the boy seems to be too naughty? Remind them that this could be construed as bias. Governors must not prejudge the issue before hearing the evidence. If they seems intransigent, the Chari might have to suggest they stand down. If the PDC only has 3 members, this could mean rearranging the hearing with a new PDC. b. The Headteacher gets angry and upset when questioned closely by the PDC about their case? Explain sympathetically that you have to establish the facts in order to make a decision. Offer a brief adjournment and/or a glass of water. c. A parent has great difficulty in answering questions about their case, although it looks good

on paper? Prompt him with points made in the appeal statement, asking him to elaborate on these. THE PDC MEMBER: 1. Should wait until the hearing to tell the Clerk if they know an appellant? False: If they are aware of a possible conflict of interest, they should notify the Clerk in advance as otherwise it may be necessary to adjourn the hearing. Sometimes, this sort of issue may only arise when the PDC meets the appellant, but then they should advise the chair immediately of a potential conflict. 2. Should take detailed notes during the hearing? False: This is for the Clerk to do, but PDC members may keep notes of important points, provided this does not prevent them from ‘actively listening’. 3. Should always accept the chair’s ruling at a hearing? True: Even if a PDC member disagrees with a chair’s ruling, they should not be seen to argue with them in front of the parties. It may be appropriate to ask for a brief adjournment where any disagreement can be sorted out in private. They would be entitled to ask the Clerk to minute any disagreement. What should the PDC member do if: a. They meet a friend who asks how a hearing went for their next-door neighbour’s child? They should not comment as the parties are entitled to have their case treated confidentially. b. They are worried about the papers they have received in advance of a hearing? They should contact the Clerk in advance of the hearing to ask for clarification or more information. c. They feel a party is not making a good case at a hearing? They should not state this, but may feel it would be useful to ask some more questions to try to get them to improve their case, especially if the case (for the parent or school) looked good on paper. THE LOCAL AUTHORITY OFFICER/REPRESENTATIVE: 1. Must attend every PDC meeting? False: The DfE guidance recommends that the LA officer should attend all permanent exclusion and longer fixed term exclusion PDC meetings if possible. It is not mandatory. (For Academies Parents may request that the local authority and/or the home local authority attend a meeting of an academy’s Governing Body as an observer; that representative may only make representations with the Governing Body’s consent.) 2. Should advise the PDC on the merits of the exclusion decision? False: Their role does not include commenting on or giving their view on the merits of a particular exclusion and thus they must not advise the PDC on whether or not they think the Headteacher’s decision to exclude was right or wrong. The LA Officer/Representative has to be very careful to be

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completely independent and objective, commenting on facts only, so as to avoid bringing into question the impartiality of the appeal hearing. 3. Should point out where the Headteacher did not follow the guidance? True: As this is a matter of fact, this is acceptable. What should the LA officer/Rep do if: a. They feel the school’s evidence is not clear? They should draw the attention of the PDC to any lack of clarity. b. The Chair asks how other schools in the area would deal with a similar incident? If the LA officer/Rep can give factual information about this, this is acceptable. They cannot answer with a ‘better’ or ‘worse;’ reply, as this would be a matter of opinion, which is not part of their role (see answer to question 2 above re impartiality). c. The parent asks them what provision will be available for their child if the exclusion is upheld? They should have this information to hand as it is something all parties and the PDC are entitled to know and to ask about, as it could be a factor to be taken into account when deciding whether or not to reinstate the child and when balancing the needs of the individual child (i.e. how they will be affected by not being reinstated) against those of the rest of the school community.

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Annex A

Letter from the Clerk inviting parents/pupil to the Pupil Discipline Committee meeting – Fixed

term exclusion2 Model letter 5 Letter from the Clerk inviting parents to a Governing Bodys/Management Committee meeting For exclusions of 15+ days (or less when parent requests a meeting)

Dear Parent/carer’s name Further to name of Headteacher/Principal’s letter dated date and our subsequent telephone conversation (or emails), I am writing to confirm that the Pupil Discipline Committee of this school will meet on date at time in the location at school(or alternative location – give details) to consider the exclusion of your son/daughter, name (DOB). The duty of the Committee is to consider the exclusion and decide whether to reinstate name (that is, may return to school) or whether to decline reinstatement (that is the fixed term exclusion would remain in place). It is anticipated that the following people will be present at the meeting: names, of the Student Discipline Committee and the Headteacher/Principal, name. name will also join the meeting when necessary (if witnesses are being called). An officer of the Local Authority has also been invited to attend. [NB: LA rep will only attend Permanent Exclusion meetings and, for Academies, this will be by invitation of the parents or school] The Committee will consider carefully all the circumstances of the exclusion, including any letter that you send to them and statements you make at the meeting, as well as the report of the Headteacher/Principal. If you would like to write to the Committee, I would be grateful to receive your letter by date so that I can send copies to the Committee, the LA and to the Headteacher/Principal. Similarly, I will send you a copy of the reports sent to the Committee. The Committee would also like name to attend and speak and answer questions at the meeting if you are in agreement with this and he/she is entitled to bring a friend. Alternatively, he/she may wish to communicate his/her views by other means i.e. a letter or statement of the incident. (This would need to be determined with parents taking into account the age of the child but children should be encouraged to take part in the process) At the meeting, the Chair will explain how it will proceed, but you will have the opportunity to tell the Governing Body why you think name should return to school and to ask the Headteacher/Principal and the LA representative questions. When you and the Headteacher/Principal have completed what you want to say, the Chair will ask everyone, apart from the Committee and me, to withdraw whilst the Committee arrives at its decision. You should be given the decision as soon as possible and in writing by me within one day of the meeting. During our telephone conversation/or email conversation, you indicated your intention to attend the meeting, but I would be grateful if you could confirm by either contacting me at the number detailed above (extension xxx), by email: email address or, alternatively, please complete and return the reply slip at the bottom of this letter (SAE attached). If you wish to be accompanied by a friend or representative, could you please let me know as soon as possible? Could you also please advise me if you have a disability or special needs which would affect your

2 If sent to the pupil (aged 18 years or over) this letter will need to be amended accordingly.

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ability to attend, or to take part in, a meeting at the school. Also, could you please inform me if it would be helpful if you had an interpreter at the meeting/ For your information the following sources of advice are available to you: your local Children and Families: Early Help Team [The School’s contact in the Children and

Families: Early Help Team] at [LA name] LA on/at [contact details — address, phone number, email], who can provide advice.

a link to this statutory guidance on exclusions – September 2017 (https://www.gov.uk/government/publications/school-exclusion);

a link to sources of impartial advice for parents such as the Coram Children’s Legal Centre (www.childrenslegalcentre.com), or ACE Education (http://www.ace-ed.org.uk) and their advice line service on 03000 115 142 on Monday to Wednesday from 10 am to 1 pm during term time); and

[where considered relevant by the head teacher], links to local services, such as SENDIASS, Special Educational Needs Information Advice and Support Service (formerly known as the local parent partnership) (https://councilfordisabledchildren.org.uk/information-advice-and-support-services-network/about ), the National Autistic Society (NAS) School Exclusion Service (England) (0808 800 4002 or schoolexclusions@nas.org.uk, or Independent Parental Special Education Advice (http://www.ipsea.org.uk/ ).

Please do not hesitate to contact me should you require clarification with regard to this letter. Please remember the date by which I need any letter you wish to send i.e. date. Yours sincerely xxxxxx Clerk to the Governing Body ------------------------------------------------------------------------------------------------------------- To: Clerk to Governing Body, school Name of pupil, dob, yr gp Meeting of Pupil Discipline Committee to be held on date at time to review the Headteacher/Principal’s decision to exclude name from school I/we wish/do not wish* to attend the meeting to consider the reinstatement of my/our child into school. I/we will/will not be* accompanied by a friend and/or representative (if applicable) My/our child will/will not be* attending (if applicable) My/our child will/will not* be accompanied by a friend and/or representative (if applicable) I/we do/do not* wish to have an interpreter present at the meeting. Disability/Special Need*: Please either telephone the Clerk or detail below arrangements which may assist you to attend the meeting, as applicable: …………………………………………………………………………………………………… …………………………………………………………………………………………………… * please delete as applicable Signed: ………………………………………………………………………………….

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Permanent Exclusion

Model letter 6 Letter from the Clerk inviting parents to a Governing Bodys/Management Committee meeting For Permanent Exclusions

Dear Salutation Further to name of Headteacher/Principal’s letter dated date and our subsequent telephone conversation(or emails), I am writing to confirm that the Student Discipline Committee of this school will meet on date at time in the location at school ((or state full address if elsewhere) to consider the exclusion of your son/daughter, name DOB. The duty of the Committee is to consider the exclusion and decide whether to reinstate name (that is, may return to school) or whether to decline reinstatement (that is the permanent exclusion would remain in place). It is anticipated that the following people will be present at the meeting: names, of the Student Discipline Committee and the Headteacher/Principal, name. name will also join the meeting when necessary (if witnesses are being called). An officer of the Local Authority will also be invited. [NB: LA rep will only attend Permanent Exclusion meetings and, for Academies, this will be by invitation of the parents or school] The Committee will consider carefully all the circumstances of the exclusion, including any letter that you send to them and statements you make at the meeting, as well as the report of the Headteacher/Principal. If you would like to write to the Committee, I would be grateful to receive your letter by date so that I can send copies to the Committee, the LA and to the Headteacher/Principal. Similarly, I will send you a copy of the reports sent to the Committee. The Committee would also like name to attend and speak and answer questions at the meeting if you are in agreement with this and he/she is entitled to bring a friend. Alternatively, he/she may wish to communicate his/her views by other means i.e. a letter or statement of the incident. (This would need to be determined with parents taking into account the age of the child but children should be encouraged to take part in the process) The Committee would also like name to attend and speak and answer questions at the meeting if you are in agreement with this and he/she is entitled to bring a friend. Alternatively, he/she may wish to communicate his/her views by other means. At the meeting, the Chair will explain how it will proceed, but you will have the opportunity to tell the Governing Body why you think name should return to school and to ask the Headteacher/Principal and the LA representative questions. When you and the Headteacher/Principal have completed what you want to say, the Chair will ask everyone, apart from the Committee and me, to withdraw whilst the Committee arrives at its decision. You should be given the decision as soon as possible and in writing by me within one day of the meeting. During our telephone conversation (or email conversation), you indicated your intention to attend the meeting, but I would be grateful if you could confirm by either contacting me at the number detailed above (extension xxx), by email: email address or, alternatively, please complete and return the reply slip at the bottom of this letter (SAE attached).

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If you wish to be accompanied by a friend or representative, could you please let me know as soon as possible? Could you also please advise me if you have a disability or special needs which would affect your ability to attend or take part in a meeting at the school? Also, could you please inform me if it would be helpful if you had an interpreter at the meeting? For your information the following sources of advice are available to you:

your local Children and Families: Early Help Team [The School’s contact in the Children and

Families: Early Help Team] at [LA name] LA on/at [contact details — address, phone number, email], who can provide advice.

a link to this statutory guidance on exclusions – September 2017 (https://www.gov.uk/government/publications/school-exclusion);

a link to sources of impartial advice for parents such as the Coram Children’s Legal Centre (www.childrenslegalcentre.com), or ACE Education (http://www.ace-ed.org.uk) and their advice line service on 03000 115 142 on Monday to Wednesday from 10 am to 1 pm during term time); and

[where considered relevant by the head teacher], links to local services, such as SENDIASS, Special Educational Needs Information Advice and Support Service (formerly known as the local parent partnership) (https://councilfordisabledchildren.org.uk/information-advice-and-support-services-network/about ), the National Autistic Society (NAS) School Exclusion Service (England) (0808 800 4002 or schoolexclusions@nas.org.uk, or Independent Parental Special Education Advice (http://www.ipsea.org.uk/ ).

Please do not hesitate to contact me should you require clarification with regard to this letter. Please remember the date by which I need any letter you wish to send i.e. date. Yours sincerely xxxxxx Clerk to the Governing Body --------------------------------------------------------------------------------------------------------------------- To: Clerk to Governing Body, school Name of pupil, dob, yr gp Meeting of Pupil Discipline Committee to be held on date at time to review the Headteacher/Principal’s decision to exclude name from school I/we wish/do not wish* to attend the meeting to review my/our child's exclusion. I/we will/will not be* accompanied by a friend and/or representative (if applicable) My/our child will/will not be* attending (if applicable) My/our child will/will not* be accompanied by a friend and/or representative (if applicable) I/we do/do not* wish to have an interpreter present at the meeting. Disability/Special Need*: Please either telephone the Clerk or detail below arrangements which may assist you to attend the meeting, as applicable: ………………………………………………………………………………………………………………………………………………………………………….. ………………………………………………………………………………………………………………………………………………………………………….. * please delete as applicable Signed: ………………………………………………………………………………….

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Annex B

[North Yorkshire] School

Sample Agenda for the Pupil Discipline Committee

to be held on ……. at am/ pm

To consider the exclusion of (named pupil).

1. Election of Chair (if not done previously) CLERK to escort all parties into the room

2. Introductions 3. The Chair will outline the procedure 4. The Headteacher presents the school’s case including any witness statements (witnesses

may be called at this point) 5. Committee, Parents (and/or pupil if aged 18 years or over) and LA Officer may ask questions 6. Parent(s) (and/or pupil if aged 18years or over) present their case 7. Committee, Headteacher and LA Officer may ask questions 8. The LA Officer is invited to present the LA view 9. Committee, Parent(s) (and/or pupil if aged 18 years or over) and Headteacher may ask

questions 10. Headteacher makes a statement in summary 11. Parent(s) (and/or pupil if aged 18 years or over) make a statement in summary. 12. LA officer makes a statement in summary 13. Parent(s) (and/or pupil if aged 18 years or over), Headteacher, LA Officer and any witnesses

withdraw CLERK to escort all parties out of the room

14. Governing Body consider the exclusion and make their decision with Clerk present.

The Clerk should ensure that no party (including the Headteacher / Principal) is alone with the PDC before, during or after the meeting to ensure impartiality. The Clerk should bring all attendees in to the meeting to join the PDC, the order of the meeting should follow as above and then all should withdraw (13 above) with the exception of the Clerk who should record the decision(s) of the PDC. 3After the meeting: All parties must be informed of the decision of the Pupil Discipline Committee. This can be either immediately after the meeting or in writing within one day of the meeting. If immediately after the meeting it must be confirmed in writing. Where the PDC declines to reinstate (i.e. the permanent exclusion is upheld) parent(s) will be informed of their right to have the decision reviewed.

A note of the PDC’s decision on the exclusion will be placed on the pupil’s record.

3 These notes do not form part of the agenda and are for information only.

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Annex C [North Yorkshire] School

Minutes of the Pupil Discipline Committee Meeting

held on …… at am/pm at the school (or other venue) Present: (Name all the governors and their categories) In Attendance: (specify for which items, their ‘roles’ or organisations and arriving and departure times) RECORD ALL START AND FINISHING TIMES OF ANY ADJOURNMENTS Permanent exclusion of (X) 1. Election of Chair (and any initial discussions which need to be minuted)

The Clerk invited XXXX (all parties together) to join the meeting at HH.MM.

2. The Parent(s) of pupil name were accompanied by XXXXXX (name and title / role).

3. The Chair explained the process and said that the Clerk would take detailed confidential minutes, but stressed they were not verbatim minutes (i.e. the Clerk will not record every word spoken but would record the detail of statements, questions and answers).

4. The Committee considered the following documentation and it was confirmed by all parties that they had received a full set:

i) the Headteacher’s exclusion report ii) LA Statement to the Governing Body iii) witness statement from Mr B. Form tutor

iv) etc. etc. (If hundreds of pages confirm that they had received a full pack). If additional papers are made available at the meeting (or immediately beforehand) specify clearly what they are and that everyone has been given sufficient time to read them.

4.. The Headteacher / Principal presented the School’s Case RECORD what the Headteacher said, which documents (Page Numbers and Paragraphs) she/he referred to, and any questions asked for clarification by the Committee (or other attendees if permitted by the Chair) during the presentation of case. Also record any statements made by any witnesses and when they joined and left the meeting. Record as much detail as is possible.

5. The Chair invited Questions from the Committee, Parents / Pupil and LA Officer RECORD the question – who asked it and what answer was given.

6. The Parents / Pupil (or supporter) presented their Case RECORD what the Parents / Pupil (or supporter) said, which documents (Page Numbers and Paragraphs) she/he referred to, and any questions asked for clarification by the Committee (or other attendees if permitted by the Chair) during the presentation of case. Also record any statements made by any witnesses and when they joined and left the meeting. Record as much detail as is possible.

7. The Chair invited Questions from the Committee, Headteacher / Principal and LA Officer RECORD the question – who asked it and what answer was given.

8. The LA Officer presented the LA View. RECORD what the LA Officer said, which documents (Page Numbers and Paragraphs) she/he referred to, and any questions asked for clarification by the Committee (or other attendees if permitted by the Chair) during the presentation of the LA View. Record as much detail as is possible and in particular note which paragraphs in the LA Statement the LA Officer drew the PDC’s attention to.

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9. The Headteacher / Principal made their summary statement RECORD what they actually said as it might include items not mentioned during their presentation, e.g. the decision to permanently exclude X had not been taken as a result of a “one-off” incident but followed a history of violent and disruptive behaviour. One of the difficulties involved in dealing with X had been that there was no predictable pattern of behaviour. Other children were fearful of him and although parental support had been sought it had not been forthcoming. The school had applied for a statutory assessment/Education Health Care Plan of X.

10. The LA Officer made a statement in summary RECORD what they actually said as it might include items not mentioned during their statement of case.

11. The Parents / Pupil (or supporter) made their summary statement RECORD what they actually said as it might include items not mentioned during their presentation.

12. The Chair asked everyone to confirm that: There were no further questions and

That all evidence had been submitted (including the “Pupil View” if applicable).

13. The Chair then thanked the Parents / Pupil, the Headteacher, witnesses and the LA Officer and she/he reminded everyone that the decision of the Committee would be communicated to them in writing within one working day of the meeting.

At HH.MM the Clerk escorted the Parents / Pupil, the Headteacher, the witnesses and the LA Officer from the meeting to their separate areas / off the premises then returned to the meeting room so that the Committee could consider the matter in private session. The Clerk reminded the Committee not to commence their deliberations until she/he had returned to the room

14. Decision of the Committee RECORD the deliberations, references to particular pages / paragraphs of evidence discussed and the justification(s) for the decision being reached. Summarise by stating: Either The Committee, after carefully considering all the available evidence, Declined to reinstate pupil name for the following reasons:

a. There has been a pattern of severely disruptive and violent behaviour (or single serious event) which amounted to a serious breach of the school’s Discipline Policy AND b. If pupil name were allowed to remain in school this would seriously harm the education or welfare of other pupils in the school. c. The behaviour exhibited by pupil name during her/his violent outbursts means that s/he is a danger to her/himself, to other pupils, and to school staff. d. The school has made every possible effort to provide pupil name with education in school. It has liaised and consulted with all the relevant agencies to provide the support pupil name has needed but has now exhausted all available strategies.

Or The Committee, after carefully considering all the available evidence, offered to reinstate pupil name for the following reasons:

List reasons for reinstatement (if to be reinstated please state the date that the pupil will be reinstated – either immediately or by a specific date to allow the school to plan for reintegration)

15. The Chair declared the meeting closed at: (insert the time the meeting finished). Signed: ………………………….. Name: ………………………………… Date: ……………….

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Annex D

Model letter 9 Letter from the Clerk informing parent(s) of the outcome of the Governing Bodys/Management Committee meeting (Upholding Permanent Exclusion) NB To be copied to the Headteacher AND to the Local Authority

Dear [Parent's name] The meeting of the Governing Body/ (PRU Management Committee) at [school] on [date] considered the decision by [Headteacher/Principal] to permanently exclude your son/daughter [name of pupil]. The Pupil Discipline Committee/ (PRU Management Committee), after carefully considering the representations made and all the available evidence, has decided to decline the request to reinstate [name of pupil] to the school. The reasons for the Governing Body/management committee's decision are in line with the Department for Education Guidance paragraph 16; that the exclusion was taken:-

in response to a serious breach or persistent breaches of the school's behaviour policy; and where allowing the pupil to remain in school would seriously harm the education or welfare of the

pupil or others in the school. [please give the reasons in as much detail as possible, explaining how they were arrived at.]  You have the right to have this decision reviewed by the Independent Review Panel. If you wish to have the decision reviewed, please notify The Appeals Clerk, Democratic & Legal Service, County Hall, Northallerton, N Yorkshire DL7 8AD (Tel. 01609 532943). [NB – Academies may choose to appoint their own Independent Review Panel or they can buy into the NYCC Service – this para and the following to be amended accordingly for academies – please note that both IRP members and the Clerk must have received appropriate training within the last 2 years] You must set out the reasons for your review in writing including, if you feel it is appropriate, any reference to how (pupil’s name) special needs are considered to be relevant to the exclusion and send this notice for Review to The Appeals Clerk, Democratic & Legal Service, County Hall, Northallerton, N Yorkshire DL7 8AD (Tel. 01609 532943) by no later than [specify the latest date — the 15th school day after receipt of this letter]. If you have not lodged your request to have the decision to be reviewed by [repeat latest date] you will lose your right to have the decision reviewed. Please advise the Appeals Clerk if you have a disability or special needs which would affect your ability to attend the hearing. Also, please inform the Appeals Clerk if it would be helpful for you to have an interpreter present at the hearing. The review will be heard by an Independent Review Panel. A three-member panel will comprise one serving, or recently retired (within the last five years), Headteacher, one serving, or recently serving, experienced Governing Body/ management committee members and one lay member who will be the Chairman. The review panel will rehear all the facts of the case — if you have fresh evidence to present to the panel you may do so. The panel must meet no later than the 15th school day after the date on which your application for review is lodged. In exceptional circumstances panels may adjourn the hearing until a later date. Under the Department for Education guidance Exclusion from maintained schools, Academies and pupil referral units in England – September 2017 you have the right to require the local authority/Academy to appoint an SEN expert to attend the review at no cost to you. The SEN expert’s role is analogous to an expert witness, providing impartial specialist advice to the

panel on how SEN might be relevant to the exclusion. The SEN expert should base their advice on the evidence provided to the panel. The SEN expert’s role does not include making an assessment of the pupil’s special educational needs.

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The focus of the SEN expert’s advice should be on whether the school’s policies which relate to SEN, or the application of these policies in relation to the excluded pupil, were lawful, reasonable and procedurally fair (in line with the guidance to panels in paragraph 159). If the SEN expert believes that this was not the case, they should, where possible, advise the panel on the possible contribution that this could have made to the circumstances of the pupil’s exclusion.

Where the school does not recognise a pupil as having SEN, the SEN expert should advise the panel on whether they believe the school acted in a legal, reasonable and procedurally fair way with respect to the identification of any SEN that the pupil may potentially have, and any contribution that this could have made to the circumstances of the pupil’s exclusion.

The SEN expert should not criticise a school’s policies or actions simply because they believe a different approach should have been followed or because another school might have taken a different approach.

If you wish the Local Authority/academy to appoint an SEN expert could you please make this clear in your application for a review. You may also, at your own expense, appoint someone to make written and/or oral representations to the panel on your behalf and you may also bring a friend to the review. You should also be aware that if you think the exclusion relates to discrimination (under the Equality Act 2010) you can also make a claim to the First-tier Tribunal (for disability discrimination) or a County Court (for other forms of discrimination). The address to which First-tier discrimination claims should be sent is the First-tier Tribunal (Special Educational Needs and Disability), 1st Floor, Darlington Magistrates Court, Parkgate Darlington, DL1 1RU https://www.gov.uk/courts-tribunals/first-tier-tribunal-special-educational-needs-and-disability Any such claim of discrimination made under these routes should be lodged within six months of the date on which the discrimination is alleged to have taken place, e.g. the day on which the pupil was excluded. I would advise you of the following sources of advice: your local Children and Families: Early Help Team [The School’s contact in the Children and

Families: Early Help Team] at [LA name] LA on/at [contact details — address, phone number, email], who can provide advice.

a link to this statutory guidance on exclusions – September 2017 (https://www.gov.uk/government/publications/school-exclusion);

a link to sources of impartial advice for parents such as the Coram Children’s Legal Centre (www.childrenslegalcentre.com), or ACE Education (http://www.ace-ed.org.uk) and their advice line service on 03000 115 142 on Monday to Wednesday from 10 am to 1 pm during term time); and

[where considered relevant by the head teacher], links to local services, such as SENDIASS, Special Educational Needs Information Advice and Support Service (formerly known as the local parent partnership) (https://councilfordisabledchildren.org.uk/information-advice-and-support-services-network/about ), the National Autistic Society (NAS) School Exclusion Service (England) (0808 800 4002 or schoolexclusions@nas.org.uk, or Independent Parental Special Education Advice (http://www.ipsea.org.uk/ ).

The arrangements currently being made for [pupil's name]'s education will continue. [Specify details here]. Yours sincerely [name]

Clerk to the Governing Body (or Clerk to the Management Committee in case of a PRU)

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Annex E

Model letter 10 Letter from the Clerk informing parent(s) of the outcome of the Governing Bodys/Management Committee meeting (Upholding Fixed Term Exclusion) NB To be copied to the Headteacher AND to the Local Authority

Dear [Parent's name] The meeting of the Governing Body/management committee at [school] on [date] considered the decision by [Headteacher/Principal] to exclude your son/daughter [name of pupil] for a fixed period of [number] days. The Governing Body/PRU management committee, after carefully considering the representations made and all the available evidence, has decided to decline the request to reinstate [name of pupil]. The reasons for the Governing Body/management committee/ Pupil Discipline Committee's decision are as follows: [give the reasons in as much detail as possible, explaining how they were arrived at.] If you believe that the exclusion has occurred as a result of discrimination then you may make a claim under the Equality Act 2010 to which First-tier Tribunal (Special Educational Needs and Disability), 1st Floor, Darlington Magistrates Court, Darlington, DL1 1ZD, in the case of disability discrimination, or the County Court, in the case of other forms of discrimination. Any such claim of discrimination made under these routes should be lodged within six months of the date on which the discrimination is alleged to have taken place, e.g. the day on which the pupil was excluded. I would advise you of the following sources of advice: your local Children and Families: Early Help Team [The School’s contact in the Children and

Families: Early Help Team] at [LA name] LA on/at [contact details — address, phone number, email], who can provide advice.

a link to this statutory guidance on exclusions – September 2017 (https://www.gov.uk/government/publications/school-exclusion);

a link to sources of impartial advice for parents such as the Coram Children’s Legal Centre (www.childrenslegalcentre.com), or ACE Education (http://www.ace-ed.org.uk) and their advice line service on 03000 115 142 on Monday to Wednesday from 10 am to 1 pm during term time); and

[where considered relevant by the Headteacher], links to local services, SENDIASS, Special Educational Needs Information Advice and Support Service (formerly known as the local parent partnership) (https://councilfordisabledchildren.org.uk/information-advice-and-support-services-network/about ), the National Autistic Society (NAS) School Exclusion Service (England) (0808 800 4002 or schoolexclusions@nas.org.uk, or Independent Parental Special Education Advice (http://www.ipsea.org.uk/).

The arrangements currently being made for [pupil's name]'s education will continue. [Specify details here]. (Optional - may not be required if the child has already returned to school). Yours sincerely [name] Clerk to the Governing Body (or Clerk to the Management Committee in case of a PRU)

Annex F

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Model letter 7 Letter from the Clerk informing parents of the outcome of the Governing Bodys/Management Committee meeting (Reinstatement)

Dear [Parent's Name] As you know, the Governing Body met on date# to consider the permanent exclusion of your son/daughter. At the meeting the Governing Bodys resolved to reinstate [Pupil's Name]. The Governing Bodys decided that ………. The reasons for the decision were as follows:- [Pupil's Name] should return to school on [date] and report to [Name]. The Governing Bodys expect that [Pupil's Name] will carry out the undertakings given to them about [his/her] future behaviour and trust that you will support the school’s efforts to educate [him/her]. Yours sincerely Clerk to the Governing Body

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NYCC Local Authority Exclusion Guidelines for Headteachers of Maintained Schools, Pupil Referral Services and Academies FIXED TERM (FTE) 

up to and including 5 days in one term  

Use Model Letter 1 

FIXED TERM (FTE) 

of more than 5 days and up to 15 days in one term (cumulatively)  

Use Model Letter 2 

FIXED TERM (FTE) of more than 15 days in one term and no more 

than 45 days in school year (cumulatively)   Use Model Letter 3 

PERMANENT (PEX)  

Use Model Letter 4 

 

Immediately contact parents or carers to inform them of the type, length and reason(s) for exclusion  Use the appropriate model letter (see above) to inform (in writing) parents or carers of the exclusion and their right to make representations to the Governing Body PDC  Make arrangements for setting and marking work for the first 5 days of any exclusion and inform parents of this 

Inform LA of the exclusion (for statutory monitoring purposes) completing form EX1/FT and forwarding a copy of the letter sent to parents within one school day 

Update local exclusions database (for internal school use)  Make arrangements for a re‐integration meeting to plan how future behaviour will be managed 

Inform LA (and Home LA if not North Yorkshire) of the exclusion (for statutory monitoring purposes) completing form EX1/P within one school day to ensure 6th day provision can be arranged in line with statutory timescales 

Make a referral to the Early Help Service for support for the family (ideally with parental consent, though this is not necessary) 

  Ensure all statements and other documentation (including from parents/carers) together with a list of participants is available and circulated before any PDC meeting to all who will be attending (including parents/carers, the PDC, the LA and the pupil, if attending) 

Following the meeting, comply with PDC decision to either uphold the exclusion or else reinstate the pupil immediately (or on a specific date) 

  Arrange suitable full time education from the 6th day  If two exclusions run consecutively and total more than 5 days the school MUST provide full time 

education from the 6th day 

Maintain the excluded pupil on the school roll until any legal process has completed (i.e. the deadline has passed for a parental appeal to an Independent Review Panel) 

Please note the following key information from the Statutory Guidance: 

Letters may need to be translated into other languages where the parents/carers first language is not English  Where an exclusion would result in a pupil missing a public examination or national curriculum test, the PDC must, so far as is reasonably practicable, consider the exclusion before the date of the examination or test. If it is not practicable for a sufficient number of governors to convene before the examination or test, the chair of governors, in the case of a maintained school may consider the exclusion alone  

A child in the care of the LA (or in voluntary care) should not be excluded without considering alternative options for supporting the pupil and discussion with the LA to ensure suitable alternative full –time provision from Day 1 

At all stages of the process, the range of interventions available to the school to meet the needs of the pupil must be considered before resorting to exclusion  Excluded pupils should be enabled and encouraged to participate at all stages of the exclusion process, taking into account their age and understanding  Pupils aged 18 or over have the right to represent themselves instead of parent/carer  Any decision to exclude must be made in line with the principles of administrative law i.e. that it is lawful, rational, reasonable, fair and proportionate  Governors should not interpret a parental acceptance of full‐time education off‐site as signalling agreement with the Headteacher’s decision to exclude 

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