Agenda item

Report of the Head of Democratic Services

Nick Lee, Head of Access and Learning delivered a presentation to the Committee on exclusions from schools in Nottingham. Cllr Sam Webster, Portfolio Holder for Schools also contributed to the discussions. Key points raised included the following:

a)  Only head teachers can make the decision to exclude and this must be done on disciplinary grounds where there has been a breach of the school’s behaviour policy. Decisions must be taken within legislative frameworks, including equalities legislation that requires reasonable adjustments to be made in the case of disability, including Special Educational Needs (SEN).

b)  When determining whether to exclude a child, head teachers must reach their decision on the balance of probability rather than beyond reasonable doubt. Exclusions cannot be made on the grounds of parental behaviour or academic performance and the focus must be on enabling the school to operate, not on punishing the child.

c)  Fixed term exclusions can be for a period of between 1 and 45 days per schoolyear. These can be used as a sanction but should also be a period of time when the school can plan for managing the pupil and their behavioural issues when they return.

d)  For the first five days of exclusion the child should not be in a public place during school hours. They should be at home and parents can be fined if they are not. On the 6^th day of a fixed term exclusion, the governing body becomes responsible for the full time education of the child. If alternative arrangements are not possible the school should set and mark work for the child.

e)  Parents have no right of appeal against fixed term exclusions but they can ask governing body to consider their views. Governors must review the decision and consider reinstatement if an exam will be missed or if a child has been excluded for more than 15 days in any single term.

f)  In the case of permanent exclusions from the 6^th day the Local Authority is responsible for arranging alternative provision. The governing body is also required to review the decision of the head teacher to permanently exclude a child. Parents are also entitled to request an independent review which must take place within 15 days or the request for the review. If SEN are a factor the parent can require the attendance of an SEN expert at the review hearing. Reviews cannot reinstate the child but can recommend that the governing body review their decision.

g)  Following a permanent exclusion the Local Authority where the child is resident is responsible for the provision of their education. The City Council uses facilities at Denewood and Unity learning centres or other alternative provision if appropriate. The City Council is working with Nottinghamshire County Council to provide a broader range of support. If appropriate, the child may return to a mainstream school.

h)  There has been a significant increase in the number of secondary exclusions in recent years from 28 in 2012/13 to 111 in 2014/15. Since a number of city secondary schools were taken into special measure there have been significant changes in school leadership, and a big focus on improving behaviour which is likely to have impacted upon this rise.

During discussions the following points were raised:

i)  The funding that follows the pupils after they are excluded from school does not cover the cost of the exclusion and alternative provision. Discussions are currently underway about seeking full cost recovery from schools that the cost of exclusion rests with the school not the Local Authority.

j)  Following a permanent exclusion Key Stage 4 pupils tend to go to alternative provision rather than Denewood or Unity and providers of alternative provision are quality assured. Denewood is currently in special measures but the latest monitoring report from Ofsted suggests that good progress being made. Unity is currently rated as requiring improvement. Alternative provision is currently being examined and proposals can be reported to the Committee in the future. Improving alternative provision is a priority and the rigid academic approach that schools are increasingly required to take does not work for all pupils.

RESOLVED to

(1)  thank contributors for the information they provided;

(2)  to request that further information on the plans for alternative provision is brought back to the committee at an appropriate time.