Equality and diversity

A pupil must only be excluded on disciplinary grounds and the decision to exclude must be the following:

• lawful
• rational
• reasonable
• fair
• proportionate

The behaviour of pupils outside of school can be considered as grounds for exclusion.

School behaviour policy will be set out when a pupil's behaviour outside of school premises may lead to disciplinary sanctions.

A decision to exclude a pupil permanently should only be taken in response to the following:

‘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.’

When deciding to exclude a child, headteachers must apply the civil standard of proof (ie on the balance of probabilities) which means it’s more likely than not that a fact is true.

Under the Equality Act 2010, schools must not discriminate against, harass or victimise pupils due to any of the following:

• sex
• race
• disability
• religion or belief
• sexual orientation
• because of pregnancy or maternity
• because of gender reassignment

For disabled children, this includes a duty to make 'reasonable adjustments' to policies and practices.

It is unlawful to exclude or to increase the severity of an exclusion for a non-disciplinary reason. For example, it would be unlawful to exclude a pupil simply because they have additional needs or a disability the school feels it is unable to meet. It would also be unlawful to exclude for one of the following reasons:

• academic attainment or ability
• the action of a pupil's parents
• the failure of a pupil to meet specific conditions before they are reinstated such as attend a reintegration meeting

However, headteachers can lawfully exclude children or young people for the following reasons:

• repeated failure to follow academic instruction
• failure to complete a behavioural sanction - for example, detention (a decision to change the sanction to exclusion would not automatically be unlawful)
• repeated and persistent breaches of school behavioural policy - even if the offence which immediately led to exclusion would not normally constitute a serious enough breach on its own, a child can still be excluded if it’s part of a wider pattern of behaviour

These duties need to be taken into account when deciding whether to exclude pupils.

Formally arranged part-time timetables may be necessary as a temporary measure in exceptional circumstances to meet a pupil's needs. However, they must not be used as a disciplinary sanction or as a long-term solution.