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Can a Permanently Excluded student return to the school?

Discussion in 'Behaviour' started by cityvic73, Jul 2, 2018.

  1. cityvic73

    cityvic73 New commenter

    This student (A) was excluded in Y10 for premeditated physical assault of another student (B). Now student A wishes to return to Sixth Form to do a vocational course. B has left sixth form. Is it legal to reinstate a student after the Governors have agreed to the exclusion? Bit of a strange one!
  2. dts

    dts Occasional commenter

    I certainly don't see how the school could be obliged to allow such a student to return - they have been removed from roll and the phrase "permanent exclusion" seems obvious!

    If, however, the head has decided to readmit this student, then I can't be of much help - all the guidance I've read refers to reinstatement after appeal. If this was happening in my school then I would expect the staff to be protesting in the strongest terms, including speaking to the unions and writing collectively to the governors.
  3. Vince_Ulam

    Vince_Ulam Star commenter

    This student should not be permitted to return. He is a danger to other students.
    binaryhex, cityvic73 and pepper5 like this.
  4. gogogulliver

    gogogulliver New commenter

    This student has a right to education and should be supported in accessing it, most likely with heavy safeguarding involvement. Second chances are important in life.

    The school should seriously think about how they could support this (potential) student. It might not be the place for them but also you shouldn't write someone off because of something they did when they were 14 or 15.
    cityvic73 likes this.
  5. Vince_Ulam

    Vince_Ulam Star commenter

    Elsewhere, for the safety of the children around them and that they & this violent student might have a fresh start.

    Yes they are, for those whose lives have been impacted by this student also.

    Nobody has written off this student but, as the OP says, they are guilty of a 'premeditated physical assault of another student'. There are consequences for violent behaviour and the safety of other students takes priority.
    binaryhex and cityvic73 like this.
  6. Rott Weiler

    Rott Weiler Star commenter Forum guide

    Certainly unusual, I've never come across it before @cityvic73 . The law of pupil exclusion just refers to "the headteacher may exclude a pupil from the school for a fixed period or permanently" with no indication of whether it's possible to readmit the pupil at a later date. "Permanently" isn't defined.

    Who is the admissions authority for 6th form admissions? The governing body? Or is it an academy trust? It's not normally possible to leave all admissions decisons to the head alone.

    I can think of 3 possibilities, there are undoubtedly others

    1. Permanent means permanent and Pupil A cannot be readmitted under any circumstances even if the trust/governors/head were willing to. There is no discretion.

    2. The trustees/governors/head are entitled to refuse admission to the 6th Form because permanent means permanent but have the power to allow admission to the 6th Form at their discretion. The legal grounds for the original PEx were, in part, that "allowing the pupil to remain in school would seriously harm the education or welfare of the pupil or others in the school". So any discretion to admit the pupil to the 6th form would have to be satisfied that this situation no longer applied. That would need a formal risk assessment.

    3. 'Permanent' only means until the end of Y11 because Y12 is legally a separate point of entry to the school governed by the school's 6th form admissions policy. So if Pupil A meets the criteria for admission to Y12 he must be admitted and the school has no discretion to prevent it.

    I have no idea which of these applies but if I had to take an educated guess I'd say 2.

    I agree. It would be a sad day if we stopped believing in people's ability to change and improve their lives. We know nothing about the excluded pupil and what else he has done and have no way of knowing, in this forum, whether he is a danger to anyone. That would need to be established through a risk assessment.

    In this case less than 2 years have gone by, but with the growth of All Through schools does a PEx apply forever? A pupil permanently excluded at age 4 or 5 in Reception (yes, it does happen) cannot apply for the 6th form 12 years later?
    Last edited: Jul 5, 2018
    JohnJCazorla, cityvic73 and pepper5 like this.
  7. cityvic73

    cityvic73 New commenter

    She. She is a danger!
  8. cityvic73

    cityvic73 New commenter

    Thank you all for taking time to reply. I take on board all of your points. It is, unsurprisingly, a complex issue, but it is good to hear other perspectives. I would still like to know the legality of this, just out of interest!
    Vince_Ulam likes this.
  9. dts

    dts Occasional commenter

    From Post 6 it sounds as if there may well not be any legal precedent - it would be up to a Head & governing body to make a decision within the law as they interpret it, which could then potentially be challenged in court.
    cityvic73 likes this.
  10. feather

    feather New commenter

    Permanently excluded from a school which has a 6th form is just that a permanent exclusion. The reasons are these. Any other incident howsoever small and an injury is sustained by another, leaves the school exposed to litigation. Any risk assessment will be scrutinised in detail especially if it fails. The complainant will have a field day with the schools insurers and the insurers will not be best pleased with the school. A school can expect a lot of paperwork and hassle. On top of that there could ensue a criminal investigation that feeds straight in to any civil claim. Best if the pupil excluded went elsewhere in the first place.
  11. sarah_dann1

    sarah_dann1 Occasional commenter TES Behaviour peer advisor

    Yes, I believe, legally it could be possible with the correct paperwork, risk assessments, planned support and agreement from the Head and Governors. In practical terms it is inadvisable, not because the student doesn't deserve a second chance, but because of the potential for problems should further incidents occur. With the risk of friends/siblings etc of the original victim still being the in school, those problems would be lessened if the student took up a place at a different sixth form.

    I presume this is about to happen at your school @cityvic73 Is this something you disagree with or feel uncomfortable about? If so, you should speak to your HOD/Head and request a meeting about it. You should also have the right to a discussion about the school's decision to readmit the student, especially if you will be expected to teach her.
  12. Flanks

    Flanks Senior commenter

    None of this applies in any way, because in theory (if it were true) it would also apply to any other school admitting the young person as they would have full knowledge of the permanent exclusion.

    To answer the OP, yes a pupil can be readmitted after PEX. It is unusual, but essentially it returns through a normal admissions process. The school will have more wiggle room to say no, but if the school feels they wish to offer a place then they can do so.
  13. binaryhex

    binaryhex Lead commenter

    Jeez. No way would I want a permanently excluded pupil back! It sends the wrong message to other pupils, will make a mockery of ‘permanent’ and may be unfair on teachers who have to deal with the person. Agree with the above comment - if it is seriously being considered, the teachers should make their opinions known to the Governors via Union Reps.
    harsh-but-fair and pepper5 like this.
  14. frustum

    frustum Star commenter

    The thread started last July, so I suspect the decision was made some time ago.

    A school I taught at got rid of a pupil with a managed move to a neighbouring school. He got permanently excluded from there, but ours couldn't refuse to have him back.
  15. Rott Weiler

    Rott Weiler Star commenter Forum guide

    I appreciate this is an old thread but for anyone with the same question in the future this is the advice I received from the DfE when I asked them about this.

    Dear Ms Rott Weiler 

    Thank you for your email about the re-admission of a previously excluded pupil. My apologies for the delay in responding, which has been caused by the need to make further enquiries in order to be able to reply to your query.

    As you have indicated, the law does not deal specifically with this scenario. We are confident that there is no legal barrier to prevent the admission authority from admitting the child in question should it wish to. You may be aware that the power to permanently exclude a pupil is provided by section 51A of the Education Act 2002. The Act does not define the word ‘permanently’ but we consider it unlikely that parliament intended to prevent an admission authority from re-admitting a child where they had the desire to do so.

    It is perhaps also unlikely that parliament intended that the admission authority could later be required to re-admit the pupil. However, section 86B of the School Standards and Framework Act 1998 requires the admission authority to comply with parental preference (or preference expressed by the child), except in limited prescribed circumstances. This includes where the child has been permanently excluded from two or more schools, and there has been less than two years since the last exclusion. This does not appear to be the case in the circumstances you describe.

    It also applies where to admit the child ‘would prejudice the provision of efficient education or the efficient use of resources.’ However, no prejudice should be taken to arise where the published admission number has not been reached.

    On balance, therefore, our view is that the admission authority should admit the child if he meets the required standard and places available. However, as the legal position is not clear cut, if the situation were to arise, and the admission authority had concerns about admitting the child, it may wish to seek further advice at that time on the basis of the individual circumstances of the case.

    I hope you find this information helpful.
    dts and JohnJCazorla like this.
  16. matthefox

    matthefox New commenter

    Hi, we permanently exuded a child in November 2019 due to dangerous behavior towards other pupils and staff on an ongoing basis. This was upheld both by governors and an independent review panel. The pupils has subsequently been awarded an EHC plan and their parents would like to name our school? Where do we stand on this? The pupil, prior to exclusion was receiving a significant amount of SEN support in school and looking at the draft plan, they would be receiving the same level of support if re-admitted, compared to when they were permanently excluded and so would be back to square A? Any thoughts on how we could proceed?
  17. Stiltskin

    Stiltskin Star commenter

    The head needs to talk to the LA. On the face of it though they would not be allowed to name the school on the EHCP.
    pepper5 likes this.
  18. suertesamp

    suertesamp New commenter

    Yes they can and I have seen this happen first hand. A girl was excluded permanently in year 9 before I joined the academy as a cover supervisor. She was allowed back in just before I started, near the end of year 10 and had been excluded from the PRU she was attending. The reason for exclusion was threatening to kill a student in a brutal manner, by walking in on a class full of year 7 pupils. You can't make it up..
    Long story short this student was absolutely impossible to teach and I had so many issues with her leading to multiple meetings and phone calls with her mother who needless to say did not care about her offsprings behaviour at all.

    No wonder the school has a bad reputation really.
    pepper5 likes this.

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