Is it an exclusion?

Is it an exclusion?

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What is an exclusion?

An exclusion is any time that a child is sent home from school and told not to return for a period of time.

This does not include being sent home unwell, or school closures for snow days or other unexpected reasons that impact everyone.

When a child is excluded, there are procedures that schools must follow. This includes:

  • contacting the child’s parents or carers to let them know
  • arranging a meeting to discuss what happened, and
  • explaining how they can appeal the exclusion.

When exclusion procedures are not properly followed, this is known as an unlawful exclusion.

🔗 See our Enquire Exclusion from school page for more information on exclusions

🔗 For a Step-by-step of what should happen after a child has been excluded, you can visit Navigating school exclusions

We have listed some different scenarios below. Click to expand each box and find out if it is an exclusion or an unlawful exclusion.

An ‘informal’ exclusion

Unlawful exclusion

An ‘informal’ exclusion is an unlawful exclusion!

Describing an exclusion as ‘informal’ normally means schools are not following the correct exclusion procedures. Schools might say they want to avoid the child having an exclusion on their record. But not following exclusion procedures is against the law.

If proper procedures aren’t followed, it can be harder to appeal the exclusion. Things being ‘off the record’ can also mean nobody is taking steps to try and stop the child from being sent home again.

▶️ Watch our short Navigate video on Can you appeal an unlawful exclusion?

Being ‘suspended’ from school

Exclusion

Being suspended from school is an exclusion!

Some people think an exclusion is only when a child is never allowed to return to the same school, but that is false.

A suspension still means that the child is being told not to attend school for a set period of time. As with all exclusions, proper procedures must be followed, or it is unlawful.

Needing a ‘cooling off period’

Unlawful exclusion

Telling a child they must go home to ‘cool off’, ‘reset’, or any other similar language, is an unlawful exclusion!

There are many reasons a child may be finding it difficult to cope in a school or nursery environment. No matter the reasons, the child still has the right to an education.

Schools and families should work together to identify what has led to the child being distressed, so the right support can be put in place. This could include strategies to help them manage their emotions, a time-out card to take a break when they need it, or tackling other issues like bullying that are impacting the child.

🔗 Check out Children in Scotland’s free e-learning module on Practical approaches to supporting care experienced pupils

Collecting your child early

Unlawful exclusion

If a parent or carer is told they must collect their child early, this is an unlawful exclusion!

Collecting a child from school early still involves removing them from the learning environment and saying they cannot return until a later point.

If a full school day is unmanageable for a child, there should be discussions about why and what support could help them to stay at school.

If a part-time timetable is agreed, this should be documented in a written plan, with clear timescales for supporting the child to return to school full time.

Remember! Care experienced children have as much of a right to an education as their peers. So missing parts of the school day should never be a long-term way of meeting their needs.

🔗 Find out more on our Navigate Understanding part-time timetables page

No more exclusions!

Scotland has made a promise to our care experienced children and young people that we will stop excluding them from school.

▶️ Watch our short Navigate video on Care experience + exclusions