School Attendance and Exclusions

It is completely normal for children to feel worried about certain aspects of school life sometimes, but occasionally the worry can turn into anxiety which becomes so overwhelming that the child can feel unable to attend school at all. This can be referred to as Emotionally Based School Avoidance (EBSA) or school refusal/anxiety. If your child is struggling to attend school, it’s important to seek support from school and other professionals if necessary.

You may want to start by asking your child what it is that’s worrying them or making them not want to attend, so that you can get in touch with relevant support services. This will also help you to come up with ideas of things that you, your child, or school may be able to do to help your child feel less anxious and more comfortable to attend school. You might find it helps to come up with a list of ideas with your child.

You should talk to your child’s school as soon as possible to make them aware of your child’s feelings and discuss what they can do to support. School may contact the Education Welfare Service to ask for help with putting strategies in place, or you can contact them directly. School might suggest that your child goes on a part-time timetable to help them reintegrate back into school.

A part-time timetable may be suggested when a child is struggling to attend school full-time. It can only be introduced in exceptional circumstances and only as a temporary measure. Part-time timetables can only be used to benefit the child. They cannot be put in place as a disciplinary measure, or because the school is struggling to meet the child’s needs, this would be an unlawful exclusion.

The School Attendance guidance from the Department for Education says:

“All pupils of compulsory school age are entitled to a full-time education. In very exceptional circumstances there may be a need for a temporary part-time timetable to meet a pupil’s individual needs. For example where a medical condition prevents a pupil from attending full-time education and a part-time timetable is considered as part of a re-integration package. A part-time timetable must not be treated as a long-term solution.”

No. There is a process which must be followed before a child can be put on a part-time timetable. This is set out by Derby City Council.

The suggestion of a part-time timetable must be discussed with you before the arrangements can start. You should be notified of the school’s intention to place your child on a part-time timetable and given time to consider, before attending an Implementation Meeting with school and a representative from the Local Authority’s Education Welfare Service. In the meeting, you will be given an agreement form to sign. You should sign the form only if you consent to the implementation of a part-time timetable. Derby City Council Protocol makes it clear that parents should not feel coerced into agreeing to the arrangement. In agreeing, you are taking responsibility for your child while they are not in school.

The Derby City Council Protocol can be found on our Resources page.

No. A date by which the child is expected to be attending full-time again should be discussed at the initial Implementation Meeting. Targets should be set to gradually increase attendance and the part-time timetable must be reviewed on a regular basis.

Derby City Council suggests that the maximum amount of time a child can be placed on a part-time timetable for is 6 weeks or one half-term.

An exclusion which is given for a specific amount of time or has an end date is a fixed term exclusion. This used to be referred to as ‘Fixed Term’.

An exclusion which is given for a specific amount of time or has an end date is a fixed term exclusion. This used to be referred to as ‘suspension’.

An exclusion can only be given by the Head Teacher and must only be on disciplinary grounds. It is unlawful to exclude a child or young person because they have additional needs or a disability that the school feels unable to meet.

The Head Teacher has a duty to notify parents in writing and include the reason for the exclusion, the period of exclusion, parents’ rights to make representations to the governing body and how, and should also include links to sources of impartial advice and information. The Head Teacher must also inform the governing body and the Local Authority (LA) if a fixed term exclusion lasts longer than 15 days, or will result in a child missing an examination.

There is a legal limit for the number of days a child can be put on fixed-term exclusions in one academic year. This is 45 days. Only in exceptional cases, where additional evidence has come to light, can a fixed-term exclusion be extended or converted to a permanent exclusion.

Permanent exclusions should be a last resort, particularly for children with Special Educational Needs and in other vulnerable groups.

Section 16, Department for Education (DfE) statutory guidance says a decision to exclude a pupil permanently should only be 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.

An exclusion can only be given by the Head Teacher and must only be on disciplinary grounds. It is unlawful to exclude a child or young person because they have additional needs or a disability that the school feels unable to meet.

The Head Teacher has a duty to notify parents in writing and include the reason for the exclusion, the period of exclusion, parents’ rights to make representations to the governing body and how, and should also include links to sources of impartial advice and information.

The Head Teacher must also inform the governing body and the Local Authority (LA) of a permanent exclusion.

Only in exceptional cases, where additional evidence has come to light, can a fixed-term exclusion be extended or converted to a permanent exclusion.

The LA has a duty to arrange suitable, full-time education for children of compulsory school age, from the sixth day of a permanent exclusion.

Head teachers should, as far as possible, avoid permanently excluding any pupil with an EHC plan or a ‘looked after child.’ (Department for Education Exclusions Statutory Guidance, section 23).

However, in the event that they are permanently excluded from school, the Local Authority (LA) must review the EHCP. When deciding to amend an EHCP following an Annual Review, the LA must send you a copy of the proposed amendments and advise you of your right to request a particular school.

The SEND Code of Practice says:

“Where a young person of compulsory school or participation age – i.e. under the age of 18 – is excluded from their education or training setting or leaves voluntarily, the local authority must not cease their EHC plan…the local authority must review the EHC plan and amend it as appropriate to ensure that the young person continues to receive education or training” (9.202) & SEND Regulations 2014 regs 22 & 29 (2)