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This page provides information about when a child can be excluded and the obligations of the school to review an exclusion and the right to appeal an exclusion. This page is only applicable to those pupils who are attending school in England. It applies to all children attending a school including those below or above compulsory school age, such as those attending nursery classes or 6th forms.

The rules governing exclusions from schools, academies and pupil referral units in England are contained in the s52 Education Act 2002.

The Department for Education published new statutory guidance on Suspension and Permanent exclusions which came into effect on the 1st September 2022. This page has been updated to reflect the new statutory guidance.

What are the different types of exclusion?

A suspension is for a specific period of time. A pupil may be suspended for one or more fixed periods (up to a maximum of 45 school days in a single academic year). The law does not allow for extending a suspension or 'converting' a suspension into a permanent exclusion. In exceptional cases, usually where further evidence has come to light, a further suspension may be issued to begin immediately after the first period ends; or a permanent exclusion may be issued to begin immediately after the end of the suspension.

A suspension can also be for parts of the school day. For example, if a pupil's behaviour at lunchtime is disruptive, they may be suspended from the school premises for the duration of the lunchtime period. The legal requirements relating to the suspension, such as the headteacher's duty to notify parents, apply in all cases. Lunchtime suspensions are counted as half a school day in determining whether a governing board meeting is triggered.

A permanent exclusion involves the child being removed from the school roll. However, the head teacher must not remove a pupil's name from the school Admissions Register until the outcome of the Independent Review Panel (if this route is followed by parents). The 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 such as staff or pupils in the school.

In what circumstances can a child be suspended or excluded?

A pupil must only be excluded on disciplinary grounds. The decision to exclude must be:

The behaviour of pupils outside of school can be considered as grounds for exclusion. The school's behaviour policy will 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 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 reaching the decision to exclude a child, the head teacher must apply the civil standard of proof, i.e. 'on the balance of probabilities', which means it is more likely than not that a fact is true.

Under the Equality Act 2010 schools must not discriminate against, harass or victimise pupils because of their:

sex;

race;

disability;

religion or belief;

sexual orientation;

because of a pregnancy / maternity; or

because of a 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 that the school feels it is unable to meet. It would also be unlawful to exclude for a reason such as:

However a head teacher could lawfully exclude a child for:

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

What are the factors a head teacher should consider before deciding to suspend or exclude?

The decision on whether to exclude is for a head teacher to take. Pupils should be given an opportunity to present their case before a decision is made.

Contributing Factors

When considering whether to exclude, head teachers should take account of any contributing factors identified after an incident of poor behaviour has occurred - for example, where it comes to light that a pupil has suffered bereavement, has mental health issues or has been subject to bullying.

Early Intervention

The Statutory Guidance is clear that early intervention should be used to address underlying causes of disruptive behaviour. This should include:

an assessment of whether appropriate support is in place to support any special educational needs or disability that a pupil may have;

the use of a multi-agency assessment for pupils who demonstrate persistent disruptive behaviour.

Effectiveness

Where a pupil has received multiple exclusions or is approaching the legal limit of 45 school days of fixed period exclusions in an academic year, head teachers should consider whether exclusion is providing an effective sanction.

Directing pupils off-site for education

Maintained schools have the power to direct a pupil off-site for education, to improve his or her behaviour (see section 29(3) Education Act 2002 and the Education (Educational Provision for Improving Behaviour) (Amendment) Regulations 2012). Whilst the legislation does not apply to academies, they can arrange off-site provision for such purposes under their general powers. If the school decides to use this power, they must:

ensure that parents are given clear information about the placement - why, when, where, and how it will be reviewed;
Note: Where the pupil has a Statement of Special Educational Needs (SEN) or an Education, Health & Care Plan (EHCP), the Local Authority must also be kept informed.

keep the placement under review and involve parents in the review;
Note: The regulations specify regular reviews but do not specify how often reviews must take place (that should be decided on a case-by-case basis). Reviews should be frequent enough to provide assurance that the off-site education is achieving its objectives and that the pupil is benefitting from it; and

Have regard to statutory guidance on the use of this power which can be found in "Alternative Provision - Statutory guidance for Local Authorities" (January 2013) at paragraph 41.

Managed Moves

A pupil can also be transferred to another school as part of a 'managed move'. This is to allow the pupil to have a fresh start in a new school and is an alternative to an exclusion. Managed moves are voluntary - they must only be arranged with the consent of the parties involved, including the parents. The threat of exclusion must never be used to influence parents to remove their child from the school. Managed moves are usually subject to a trial period in the new school. Pupils can be returned to the original school if the placement fails. For more information see our page on Managed Moves.

Can a child be informally suspended or excluded?

An 'informal' exclusion involves a child being sent off the school premises, without this being officially recorded as an exclusion (e.g. where a child is sent home for a 'cooling off' period). It is unlawful for a child to be informally excluded from school, even where the child's parent(s) or carer(s) agree to the exclusion. Each disciplinary suspension and permanent exclusion must be confirmed to the parents in writing with notice of the reasons for the suspension or permanent exclusion. If a parent believes that their child has been unlawfully excluded they should, as a first course of action, pursue an internal complaint within the school. For more information on making a complaint please see our page on Complaints to Schools

Can a suspension or exclusion be rescinded?

Headteachers may cancel an exclusion that has not been reviewed by the governing board. This practice is sometimes known as withdrawing/rescinding a suspension or permanent exclusion. If this occurs, parents, the governing board and the local authority should be notified, and if relevant, the social worker and VSH.

What are the school's obligations when a child has special educational needs (SEN) or is 'looked after'?

There are certain groups of pupils with additional needs who are particularly vulnerable to exclusion. This includes pupils with Statements of Special Educational Needs (SEN) or an Education, Health & Care Plan (EHCP) and 'looked after' children.

Head teachers should, as far as possible, avoid permanently excluding any pupil with a statement of SEN or EHCP or a 'looked after' child. Schools should engage proactively with parents in supporting the behaviour of pupils with additional needs. In relation to 'looked after' children, schools should co-operate proactively with foster carers or children's home workers and the Local Authority that looks after the child.

Where a school has concerns about behaviour, or risk of exclusion, of a child in one of these vulnerable groups, it should, in partnership with others (including the Local Authority as necessary), consider what additional support or alternative placement may be required. This should involve assessing the suitability of support for a pupil's SEN. Where a pupil has a statement of SEN or EHCP, schools should consider requesting an early annual review or interim / emergency review.

Where a looked-after child (LAC) is likely to be subject to a suspension or permanent exclusion, the Designated Teacher (DT) should contact the local authority's VSH as soon as possible. The Virtual School Head, working with the DT and others, should consider what additional assessment and support need to be put in place to help the school address the factors affecting the child's behaviour and reduce the need for suspension or permanent exclusion.

All looked-after children should have a Personal Education Plan (PEP) which is part of the child's care plan or detention placement plan. This should be reviewed every term and any concerns about the pupil's behaviour should be recorded, as well as how the pupil is being supported to improve their behaviour and reduce the likelihood of exclusion.

What is the procedure for suspending or excluding a pupil?

When a head teacher or teacher in charge decides to exclude a pupil, the parent(s) or carer(s) should be notified immediately, usually by telephone, followed by a letter without delay. Notification should be in person or by telephone in the first instance as this would allow parents to ask any initial questions or raise concerns directly with the headteacher.

Note: Parents may be given an exclusion notice electronically, if they have provided written consent for notice to be sent this way.

The following information must be provided in writing:

the reason(s) for the suspension or permanent exclusion;

the period of a suspension or, for a permanent exclusion, the fact that it is permanent;

parents' right to make representations about the suspension or permanent exclusion to the governing board (in line with the requirements set out in paragraphs 95 to 105 of the government guidance) and how the pupil may be involved in this;

how any representations should be made; and

where there is a legal requirement for the governing board to consider the suspension or permanent exclusion, that parents or a pupil if they are 18 years old have a right to attend a meeting, to be represented at that meeting (at their own expense) or to bring a friend.

If alternative provision is being arranged, then the following information must be included with this notice where it can reasonably be found out within the timescale:

the start date for any provision of full-time education that has been arranged for the child during the suspension or permanent exclusion;

the start and finish times of any such provision, including the times for morning and afternoon sessions where relevant;

the address at which the provision will take place; and

any information required by the pupil to identify the person they should report to on the first day.

Where this information on alternative provision is not reasonably ascertainable by the end of the afternoon session on the first day of the suspension or permanent exclusion, it may be provided in a subsequent notice, but it must be provided without delay and no later than 48 hours before the provision is due to start. The only exception to this is where alternative provision is to be provided before the sixth day of a suspension or permanent exclusion, in which case the information can be provided with less than 48 hours' notice with parents' consent.

What are the obligations on parents during a period of suspension or exclusion?

Where a suspended or permanently excluded pupil is of compulsory school age the headteacher must also notify the pupil's parents of the days on which they must ensure that the pupil is not present in a public place at any time during school hours. These days are the first five school days of a suspension or permanent exclusion (or until the start date of any full-time alternative provision or the end of the suspension where this is earlier). Any parent who fails to comply with this duty without reasonable justification commits an offence and may be given a fixed penalty notice or be prosecuted. The headteacher must notify the parents of the days on which their duty applies without delay and, at the latest, by the end of the afternoon session on the first day of the suspension or permanent exclusion.

What is the governing board and local authority's duty to arrange education for suspended or excluded pupils?

For a suspension of more than five school days, the governing board (or local authority about a pupil suspended from a PRU) must arrange suitable full-time education for any pupil of compulsory school age. This provision is commonly called alternative provision and must begin no later than the sixth school day of the suspension. Where a child receives consecutive suspensions, these are regarded as a cumulative period of suspension for the purposes of this duty. This means that if a child has more than five consecutive school days of suspension, then education must be arranged for the sixth school day of suspension, regardless of whether this is because of one decision to suspend the pupil for the full period or multiple decisions to suspend the pupil for several periods in a row.

For permanent exclusions, the local authority must arrange suitable full-time education for the pupil to begin from the sixth school day after the first day the permanent exclusion took place. This will be the pupil's 'home authority' in cases where the school is in a different local authority area. The school should collaborate with the local authority when the pupil might be eligible for free home to school travel, arranged by the local authority, to the place where they will be receiving education

In addition, where a pupil has an EHCP, the local authority may need to review the plan or reassess the child's needs, in consultation with parents, with a view to identifying a new placement.

Does the school have to provide education during the first 5 school days of an exclusion?

It is important for schools to help minimise the disruption that exclusion can cause to an excluded pupil's education. Whilst the statutory duty on governing bodies or Local Authorities is to provide full-time education from the 6th day of an exclusion, there is an obvious benefit in starting this provision as soon as possible.

Where it is not possible, or appropriate, to arrange alternative provision during the 1st 5 school days of an exclusion, schools should take reasonable steps to set and mark work for pupils. Work that is provided should be accessible and achievable by pupils outside of school.

When will a governing body review a suspension or exclusion?

The governing body has a duty to consider parents' representations about an exclusion. The extent of this duty and how it is exercised depend on the length and nature of the exclusion.

The governing body must consider the reinstatement of an excluded pupil within 15 school days of receiving notice of the exclusion if:

the exclusion is permanent;

it is a suspension which would bring the pupil's total number of school days of exclusion to more than 15 in term; or

it would result in a pupil missing a public examination or national curriculum test.

Where an exclusion would result in a pupil missing a public examination or national curriculum test, there is a further requirement for a governing body to consider exclusion before the date of the examination or test. If this is not possible, the chair of governors may consider the exclusion independently and decide whether or not to reinstate the pupil. These are the only circumstances in which the chair can review an exclusion decision alone. In such cases parents still have the right to make representations to the governing body and must be made aware of this right.

If a child has been suspended for a period of more than 5 school days but not more than 15 in a single term, the parents can request that the governing body consider the reinstatement of the child. In these circumstances the governing body must consider the reinstatement within 50 school days of receiving notice of the suspension. This may not affect the actual suspension, as the child is likely to have completed their suspension prior to the governing body considering reinstatement. However, if the governing body did decide to overturn the suspension and direct reinstatement, a record to this effect could be added to the child's school records.

In the case of a suspension which does not bring the pupil's total number of days of suspension to more than five in a term, the governing board must consider any representations made by parents, but it cannot direct reinstatement and is not required to arrange a meeting with parents.

What will happen at a Governing Body meeting?

The following parties must be invited to a meeting of the governing body and allowed to make representations:

The Governing Body must:

ask for any written evidence in advance of the meeting (including witness statements and other relevant information held by the school, such as those relating to a pupil's special educational needs);

circulate any written evidence and information, including a list of those who will be present, to all parties at least 5 school days in advance of the meeting;

allow parents and pupils to be accompanied by a friend or representative;

identify the steps they will take to enable and encourage the excluded pupil to attend the meeting and speak on their own behalf (taking into account the pupil's age and understanding), or participate by other means if attending the meeting is not possible.

When considering the exclusion, the governing body must consider:

When establishing the facts in relation to an exclusion decision, the governing body must apply the civil standard of proof - i.e. 'on the balance of probabilities', it is more likely than not that a fact is true.

In reaching a decision on whether or not to reinstate a pupil, the governing body should consider whether the decision to exclude the pupil was lawful, reasonable and procedurally fair, taking account of the head teacher's legal duties.

The governing board should ensure that clear minutes are taken of the meeting as a record of the evidence that was considered by the governing board. These minutes should be made available to all parties on request and the record of discussion should state clearly how the decisions have been reached.

In the light of their consideration, the Governing Body can either:

uphold an exclusion; or

direct reinstatement of the pupil immediately or on a particular date.

Where reinstatement is not practical because for example, the pupil has already returned to school following the expiry of a fixed period exclusion or the parents make clear they do not want their child reinstated, the governing body must, in any event, consider whether the head teacher's decision to exclude the child was justified based on the evidence.

The governing body must notify parents, the head teacher and the Local Authority of its decision, and the reasons for its decision, in writing and without delay. The governing body should set out the reasons for its decision in sufficient detail to enable all parties to understand why the decision was made.

In the case of a permanent exclusion, the governing body's notification must also include the following information:

the fact that it is permanent;

notice of the parents' right to ask for the decision to be reviewed by an Independent Review Panel, including:

1. the date by which an application for a review must be made (i.e., 15 school days from the date on which notice in writing of the governing board's decision is given to parents);

2. where and to whom an application for a review (and any written evidence) should be submitted;

3. that any application should set out the grounds on which it is being made and that, where appropriate, this should include a reference to how the pupil's SEN are considered to be relevant to the permanent exclusion;

4. that, regardless of whether the permanently excluded pupil has recognised SEN, parents have a right to require the local authority/academy trust to appoint a SEN expert to advise the review panel;

5. details of the role of the SEN expert; and

6. that parents may, at their own expense, appoint someone to make written and/or oral representations to the panel.

that, in addition to the right to apply for an Independent Review Panel, if parents believe that the exclusion has occurred as a result of discrimination, they may make a claim under the Equality Act 2010 to the First-tier Tribunal (Special Educational Needs and Disability) in the case of disability discrimination, or the County Court in the case of other forms of discrimination;

that a claim of discrimination made under these routes should be lodged within 6 months of the date on which the discrimination is alleged to have taken place, e.g. the day on which the pupil was excluded.

What will happen at an Independent Review Panel?

If the governing body uphold a permanent exclusion, parents have the right to request that their decision is reviewed by an Independent Review Panel (IRP).

Parents must lodge their application for a review:

within 15 school days of notice being given to the parents by the governing body of their decision to uphold a permanent exclusion; or

where an application has not been made within this time frame, within 15 school days of the final determination of a claim of discrimination under the Equality Act 2010 in relation to the exclusion.

These are strict deadlines and any application made outside of the legal time frame must be rejected by the Local Authority / Academy Trust.

Parents may request an Independent Review Panel even if they did not make a case to, or attend, the meeting at which the governing body considered the exclusion.

Parents must submit written representations and, if applicable, supporting evidence, when lodging their application. New evidence can be submitted to the Independent Review Panel. However, when deciding whether to quash the decision, the panel should only take account of evidence available to the governing body at the time of making its decision not to reinstate. The Panel is able to take account of evidence that they consider would, or should have been available to the governing body, and that the governing body ought to have considered if they had been acting reasonably.

The Local Authority / Academy Trust must constitute the Panel with either 3 or 5 members:

A clerk will also be present to provide advice to the Panel and parties to the review on procedure, legislation and Statutory Guidance on exclusions. The clerk does not take part in the decision-making process.

The role of the Panel is to review the governing body's decision not to reinstate a permanently excluded pupil. In reviewing the decision, the Panel must consider the interests and circumstances of the excluded pupil, including the circumstances in which the pupil was excluded, and have regard to the interests of other pupils and people working at the school.

The panel can decide to:

uphold the exclusion decision;

recommend that the governing body reconsiders their decision; or

quash the decision and direct that the governing body considers the exclusion again.

When considering the governing body's decision, the Panel should apply the following tests which need to be satisfied to quash the decision:

Illegality - Did the head teacher and / or governing body act outside the scope of their legal powers in taking the decision to exclude?

Irrationality - Did the governing board rely on irrelevant points, fail to take account of all relevant points or make a decision so unreasonable that no governing board acting reasonably in such circumstances could have made it?

Procedural impropriety - Was the process of exclusion and the governing body's consideration so unfair or flawed that justice was clearly not done?

If any of these criteria are met, the Panel can quash the decision of the governing body and direct that they consider the exclusion again.

Where the criteria for quashing a decision have not been met, the Panel should consider whether it would be appropriate to recommend that a governing body reconsiders their decision not to reinstate the pupil. This should be used where evidence or procedural flaws have been identified that do not meet the criteria for quashing the decision but which the Panel believe justify a reconsideration of the governing body's decision.

In all other cases the panel should uphold the exclusion.

There is no further right of appeal against the decision of an Independent Review Panel. However, if you feel that the Review Panel process was unfairly run, you may be able to take this further by complaining about maladministration by the IRP. A successful complaint may result in a recommendation that a new IRP should be arranged, but the decision to uphold the exclusion cannot be overturned. The body this complaint should be made to will depend on the type of school involved:

For community, voluntary controlled, voluntary aided and foundation schools

A complaint should be made to the Local Government Ombudsman (LGO). The LGO have an advice line number which you can call for further advice: 0300 061 0614.

For academies

A complaint should be made to the Secretary of State who will pass the complaint to the Education Funding Agency (ESFA). They can be contacted on 0370 000 2288.

Can I request a special educational needs (SEN) expert attend the Independent Review Panel (IRP)?

Parents have a right to request the attendance of a SEN expert at the IRP, regardless of whether or not the school recognises that their child has SEN.

The SEN expert should be a professional with first-hand experience of the assessment and support of SEN, as well as an understanding of the legal requirements on schools in relation to SEN and disability.

SEN experts must be impartial. The SEN expert can be employed by another Local Authority or Academy Trust but they should not have had any previous involvement in the assessment or support of SEN for the excluded pupil, or siblings of the excluded pupil. The purpose of this is to avoid a conflict of interest.

The appointment of an SEN expert is for the Local Authority / Academy Trust to make, but it should take reasonable steps to ensure that parents have confidence in the impartiality and capability of the SEN expert. Where possible, this may include offering parents a choice of SEN expert.

The SEN expert's role is similar to an expert witness. They should provide impartial advice to the Panel on how SEN might be relevant to the exclusion. The SEN expert should base their advice on the evidence provided to the panel. The SEN expert's role does not include making an assessment of the pupil's SEN.

The focus of the SEN expert's advice should be on whether the school's policies which relate to SEN, or the application of these policies in relation to the excluded pupil, were legal, reasonable and procedurally fair. If the SEN expert believes that this was not the case, they should advise the Panel on the possible contribution that this could have made to the circumstances of the pupil's exclusion.

Where the school does not recognise that a pupil has SEN, the SEN expert should advise the Panel on whether they believe the school acted in a legal, reasonable and procedurally fair way with respect to the identification of any SEN that the pupil may potentially have, and any contribution that this could have made to the circumstances of the pupil's exclusion.

What happens when the Independent Review Panel (IRP) recommends the governing body reconsiders the exclusion?

Where the IRP directs or recommends that the governing body reconsiders its decision, the governing body must reconvene within 10 school days of being given notice of the IRP's decision.

If, following a direction to reconsider, the governing body does not offer to reinstate the pupil within 10 school days of being notified of the Panel's decision, a negative adjustment may be made to the school's budget of £4,000.

In the case of an academy, the school would be required to make an equivalent payment directly to the Local Authority in which the school is located. This payment will be in addition to any funding that would normally follow an excluded pupil.

In the case of either a recommended or directed reconsideration, the governing body must notify the following people of their reconsidered decision, and the reasons for it, in writing and without delay:

If the governing body upholds the exclusion again, there is no further right to refer the matter to the IRP. However, it might be possible to challenge the decision on the grounds listed below, if the governing body:

The application for judicial review should be made promptly, but at least within 3 months of the date of the decision. You would need legal representation should you decide to pursue this course of action.

When can I bring a judicial review claim against the decision of the Independent Review Panel (IRP)?

As noted above, there is no appeal from the decision of an IRP. However, the IRP's decision may also be subject to judicial review (on the same grounds as above); if successful, the judge could quash the original decision and order that a fresh hearing is arranged. The same time limit of 3 months applies. You would need legal representation should you decide to pursue this course of action.

Examples of potential maladministration that could lead to a complaint include the following:

The Panel was not properly constituted, e.g. a member of the panel was not truly independent and had links to the school.

The Panel relied on information provided by the school that has subsequently been shown to be false.

A parent was not allowed to properly participate in the proceedings.

A parent did not receive proper notice of the Panel hearing.

Going further

More detailed information can be found in our How-To Guide. Please note that a fee is charged for this service.sus

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This page provides information about when a child can be excluded and the obligations of the school to review an exclusion and the right to appeal an exclusion. This page is only applicable to those pupils who are attending school in England.

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Adoptive parents, special guardians, kinship carers and foster carers

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Adoptive parents, special guardians, kinship carers and foster carers

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As an adoptive parent, special guardian, kinship carer or foster carer, you play a vital role in supporting a child or young person who has had a unique start in life.

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Adoptive parents, special guardians, kinship carers and foster carers

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As an adoptive parent, special guardian, kinship carer or foster carer, you play a vital role in supporting a child or young person who has had a unique start in life.

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Being able to recognise when a child or young person you work with has experienced traumatic events is important so that you can provide helpful responses that support their recovery.

This animation and toolkit is designed for use by all educational staff working in schools, colleges and early years settings.

It covers areas including:

an overview of some of the experiences of trauma of children and young people seeking asylum

recognising reactions to trauma

responding to trauma in children and young people

supporting your own wellbeing

The resources and animation were created by the UK Trauma Council, which is a group of leading experts on childhood trauma.

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Childhood trauma, migration and asylum: animation and toolkit for education settings

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An animation and accompanying toolkit for education staff working with children and young people who have been affected by war, migration and asylum.

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Browse our free mental health resources for those working in primary, secondary and FE settings.

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Where as the Early Years, Primary school and Secondary school sections provide information for strengths based ideas and conditions relevant to those particular age groups, this Toolkit provides information on topics that are not age specific and includes elements that will be useful for teachers that do not have to fit into an age range, but are more all encompassing.

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Does your school have a trauma informed behaviour policy?

Attachment disorders and trauma are impacting students in every classroom across the UK, with statistics claiming that 15.9% have experienced at least one potentially traumatic event in their lifetime.

This blog will identify the impact of traumatic experiences on students and their classroom behaviours and advise on some tried and tested practical approaches that can be used to improve educational outcomes and alleviate the impact of trauma. It will also highlight the importance of integrating self-care techniques for students and staff.

As Dr Sandra Bloom (2007) notes, "Understanding trauma is not just about acquiring knowledge. It's about changing the way you view the world. It's about changing the helping paradigm from 'What is wrong with you?' to 'What happened to you?'

Identifying trauma

Trauma can be defined using seven generalised dimensions, according to Wilson & Sigman, Preventing PTSD in Trauma Survivors, 2000:

1. Threat to life

2. Severe physical harm or injury

3. Receipt of intentional injury or harm

4. Exposure to violence or the loss of a loved one

5. Learning of violence to a loved one

6. Exposure to a noxious agent

7. Causing death or severe harm to another

Traumatic events are external, but they quickly become incorporated into the mind and the body. According to Judith Herman's book, Trauma and Recovery (1992), psychological trauma is characterised by feelings of:

Intense fear

Helplessness

Loss of control

Threat of annihilation

Children and trauma

Children are more vulnerable to the stress of trauma. Their responses to trauma are complex and are different from those of adults. Children's traumatising experiences can compromise all areas of childhood development, including: identity, cognitive processing, ability to manage behaviour, tolerance, moral development, ability to trust self and others.

Children who have experienced trauma will develop "survivor behaviours" and these behaviours help the child to survive extreme psychological stress in a hostile environment. Examples of this can be fighting, running away, substance abuse, shutting down, self-harm, eating disorders, etc.

In a non-threatening environment the children will exhibit these behaviours to deal with their 'uncomfortableness' and anxiety - to these children even a nurturing environment is threatening!

A trauma informed policy

The field of education cannot ignore the issue of traumatic stress if schools are to meet the expectations of parents and the wider community. As Barbara Oehlberg (2008) says:

At a time when schools and teachers are exceedingly stressed and stretched, becoming trauma informed may seem an ambitious and challenging strategy. However, the rewards for everyone involved are real and energising.

A whole school approach

A child, in order to feel safe at school, needs to know that they can approach any classroom teacher, specialist, SLT, HLTA, wellbeing support, or business manager and receive the same response. The response needs to be agreed upon by all staff, practiced, and with an accepted process when things don't go the way we hope. For example,

Assuming complexity, approaching with empathy

Commitment to building trust and relationships. We can never stop working on this. For students and families living with prior and ongoing trauma, each day can bring a new struggle, and school can provide a sanctuary

Connecting with the whole family

Behaviour as a symptom of the problem, not the problem. This is not to say that violence or breaches of safety do not incur serious consequences, but that the consequences include a depth of investigation and a great deal of support

Support children to build the skills that are a struggle for them, and include them in the process

Connection with external agencies, because school can't do it all!

"There is no more effective neurobiological intervention than a safe relationship, the relationship works to bring the brain back into regulation." (Bruce Perry, PhD, MD, researcher & child psychiatrist)

Strategies for working with children impacted by trauma

Clarify your role with the student

Establish yourself as a safe individual

Create an environment of respect

Give the student opportunities to make choices

Talk about safety and what steps you will take to help the student be and feel safe

Connect the student to the appropriate resources and people

Slow yourself down: talk slower, use a lower pitch for your voice, don't use complex sentences, don't use lots of body movements.

Offer self-calming techniques, such as mindfulness, grounding, tracking, positive memories

Teach positive self-talk to students and practice it before you need it.

Use music, exercise, movement, stretching and incorporate more opportunities for humour and laughter in the curriculum (laughter reduces the traumatic response in the brain).

Behavioural strategies for trauma impacted students

Have a predictable environment with clear expectations for behaviour and have structure during the class day - try not to deviate from it often.

Establish a quiet, safe place in the classroom (or a bespoke wellbeing, refocus room) for students to go when they are feeling overwhelmed - it should be a comfortable space away from others, with comfortable furniture. This space should have some sensory materials for students, have pleasant colours, pictures of nature, etc. that students can focus on when emotionally dysregulated.

Practice active listening with students and demonstrate empathy, 10:1 (Ratio of positive to negative statements for traumatised children) active ignoring of negative behaviour, consistent expectations and behaviour plans that are based on rewards systems, not punishment and collaborative problem-solving with students.

Think of ways to reach out to parents/caregivers that involves them in the educational process, deepen your understanding about the community the student lives in and available resources for the student and family.

Self care to prevent secondary trauma

Secondary traumatic stress is the emotional duress that results when an individual hears about the first hand trauma experiences of another. Its symptoms mimic those of post-traumatic stress disorder (PTSD).

Working with traumatised students can be overwhelming so managing personal and professional stress is vital:

1. Recognise that change happens very slowly

2. Know that you may never see the outcomes of your efforts

3. Trust that our simple compassionate gestures are important elements of helping young people in healing and surviving

4. Knowing your limits

5. Improving your understanding of trauma and secondary trauma

6. Taking a time out

7. Seeking support from co-workers, family, friends

8. Professional counselling

Summary

Relationships and feeling safe are the first step to a young person managing their trauma

Not every strategy will work for every child tailor your approach to each student

Students who have experiences trauma still need clear boundaries and routines

Students need a safe space and trusted adults in order to regulate their emotions

Self care and recognising your limitations is vital when working with young people who have experienced trauma

Further reading and training

See Louise Bomber's book Inside I'm Hurting: Practical Strategies for Supporting Children with Attachment Difficulties in Schools

Also, Attachment in the Classroom: The links between children's early experience, emotional well-being and performance in school: A Practical Guide for Schools by Heather Geddes

Training is offered by Kate Cairns Associates

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Does your school have a trauma informed behaviour policy? Attachment disorders and trauma are impacting students in every classroom across the UK, with statistics claiming that 15.9% have experienced at least one potentially traumatic event in their lifetime.

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Virtual School attachment and trauma aware toolkit

Hertfordshire County Council

https://www.hertfordshire.gov.uk › policies-and-guidance

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If these questions are already on your agenda, why not come and hear about our Inclusion in Schools programme. Express you interest and one of our team will be in touch to explain the opportunity further.

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Inclusive education and the law in the UK

The law supporting inclusive education in the UK

Legislation in the UK prohibits discrimination in education and supports inclusive education. The UK also has obligations under international human rights law to provide inclusive education for all children.

Education without discrimination in UK law

It is unlawful for any education provider, including a private or independent provider, to discriminate between pupils on grounds of race, sex, disability, sexual orientation, gender reassignment, pregnancy and maternity, and religion or belief in admissions, access to benefits or services, exclusions, and in the employment of staff. There are some exceptions age so as to allow for the maintenance of faith schools and single-sex schools; some disabled pupils and pupils with a statement of "special educational needs" may be segregated in special schools, and schools may temporarily or permanently exclude pupils for disciplinary reasons.

Until October 2010, legal prohibitions of discrimination were found in a number of different laws enacted over many years. On 1 October 2010, the Equality Act came into force, consolidating and strengthening the various equality laws. However, the change from a Labour government to a LibDem/Conservative coalition government between the passage of the Act and its coming into force has delayed preparation for full implementation of the Act and resulted in some elements being targeted for revision or even non-implementation. Consultations are still under way on other aspects of the new law.

Further information on the Equality Act 2010 in relation to schools is available here.

Information on antidiscrimination law prior to October 2010 is provided below:

The UK's obligations under international human rights law

The UK has ratified the following international human rights treaties which place the Government under an obligation to provide education free from discrimination:

In March 2007, the UK signed the UN Convention on the Rights of Persons with Disabilities, but as at March 2008 had not ratified it.

Regional human rights instruments also confirm the right to education free from discrimination. These include the European Social Charter and Revised Social Charter and the First Protocol to the European Convention on Human Rights. The UK ratified the European Social Charter in 1962, but as at July 2008 had not ratified the Revised Charter. The European Convention on Human Rights was incorporated into UK law in the Human Rights Act 1998.

For more information, please see our inclusive education and international human rights instruments and the European human rights pages.

Note: some of the documents on this page are in PDF format. In order to view a PDF you will need Adobe Acrobat Reader

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Legislation and guidance for inclusive education

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Legislation and guidance for inclusive education

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Expulsion, exclusion and suspension explained

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Expulsion, exclusion and suspension explained

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Expulsion, exclusion and suspension explained

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A case study on how one school’s behaviour policy has been designed to balance firm disciplinary measures with support and rehabilitation for affected students.

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An overview of the current legal frameworks concerning school discipline, including statutory guidelines for suspensions and exclusions within the UK.

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This page provides information on the powers of schools to discipline their students for example the use of detention, seclusion or isolation and the use of reasonable force.

The Department for Education has issued non-statutory advice on Behaviour in schools.

What should be included in a school behaviour policy?

Local Authority Maintained Schools

Under Section 89(1) Education and Inspections Act 2006, Local Authority maintained schools should have a behaviour policy which regulates the conduct of pupils. It should set out the measures aimed at promoting good behaviour, self-discipline and respect and measures to prevent bullying and ensure that pupils complete assigned work.

The head teacher decides on the standard of behaviour and penalties for breach of the behaviour policy. The head teacher must take into account the governing body's statement of behaviour principles on issues relating to:

the screening and searching of pupils;

the power to use reasonable force and other physical contact;

the power to discipline beyond the school gate;

when to work with external agencies to assess the needs of pupils with continuous disruptive behaviour; and

pastoral care for staff accused of misconduct.

The school behaviour policy must be in writing and made available to staff, parents and pupils at least once a year. Furthermore, the policy must be published on the school website in accordance with the School Information (England) Regulations 2008.

Academy Schools

Under Part 3 of the Education (Independent School Standards) (England) Regulations 2014, the proprietor of an Academy school must create and implement a written policy promoting good behaviour among pupils and setting out disciplinary sanctions for breach.

Academies are not required to publish their behaviour policy on the school website, but it is good practice to do so, and the policy should be made available to parents upon request.

General advice

A behaviour policy should include detail on the following:

purpose - including the underlying objectives of the policy, and how it creates a safe environment in which all pupils can learn and reach their full potential;

leadership and management - including the role of designated staff and leaders, any systems used, the resources allocated and engagement of governors/trustees;

school systems and social norms - including rules, routines, and consequence systems;

staff induction, development and support - including regular training for staff on behaviour;

pupil transition - including induction and re-induction into behaviour systems, rules, and routines;

pupil support - including the roles and responsibilities of designated staff and the support provided to pupils with additional needs where those needs might affect behaviour;

child-on-child abuse - including measures to prevent child-on-child abuse and the response to incidents of such abuse; and

banned items - a list of items which are banned by the school and for which a search can be made.

The school behaviour policy should adhere to the following principles:

accessible and easily understood: clear and easily understood by pupils, staff
and parents;

aligned and coherent: aligned to other key policy documents;

inclusive: consider the needs of all pupils and staff, so all members of the school community can feel safe and that they belong;

consistent and detailed: have sufficient detail to ensure meaningful and
consistent implementation by all members; and

supportive: address how pupils will be supported to meet high standards of
behaviour.

Schools should ensure that high standards and expectations of good behaviour pervade all aspects of school life including the culture, ethos, and values of the school, how pupils are taught and encouraged to behave, the response to misbehaviour and the relationships between staff, pupils and parents. The school's approach to behaviour should be easily apparent to anyone joining or visiting the school. Everyone should treat one another with dignity, kindness and respect.

The consistent and fair implementation of the measures outlined in the behaviour policy is central to an effective whole-school approach to behaviour. Consistent implementation helps to create a predictable environment. Some pupils may require additional support to meet a school's behaviour expectations. This support should be given consistently and predictably, applied fairly and only where necessary.

What powers do teachers have to punish poor behaviour?

Teachers can discipline pupils whose conduct falls below the standard which is reasonably expected of them. The head teacher may limit the power to apply certain punishments to certain staff. For the punishment to be lawful, it must fulfil the following conditions:

the decision to punish must be made by a paid member of school staff or a member of staff authorised by the head teacher;

the decision to punish and the punishment must be determined on the school premises or while the pupil is under the charge of the member of staff;

the punishment must not breach any other legislation (e.g. discrimination) and it must be reasonable in all circumstances.

When a member of school staff becomes aware of misbehaviour, they should respond predictably, promptly, and assertively in accordance with the school behaviour policy. The first priority should be to ensure the safety of pupils and staff and to restore a calm environment. It is important that staff across a school respond in a consistent, fair, and proportionate manner so pupils know with certainty that misbehaviour will always be addressed. De-escalation techniques can be used to help prevent further behaviour issues arising and recurring and schools may use pre-agreed scripts and phrases to help restore calm.

The school should take into account any underlying causes for the pupil's disruptive behaviour, such as unmet educational needs, and should consider the need for a multi-agency assessment if necessary. Schools should consider whether a pupil's SEND has contributed to the misbehaviour and if so, whether it is appropriate and lawful to sanction the pupil. In considering this, schools should refer to the Equality Act 2010 and school guidance to ascertain whether the pupil understood the rule or instruction and whether the pupil was unable to act differently at this time as a result of their SEND.

What sanctions can a school implement?

When poor behaviour is identified, sanctions should be implemented fairly and consistently in line with the school's behaviour policy. Examples of disciplinary measures are:

verbal warnings;

loss of privileges - for instance, the loss of a prized responsibility;

school based community service, such as tidying a classroom;

missing break times;

setting written tasks as punishment;

detention;

suspension or permanent exclusion (see our page on School Exclusions).

Detention

Teachers have the power to issue detention to pupils under 18 years old. A school does not need the consent of a parent before issuing detention. Detention can take place during school hours and in some circumstances outside of school hours. This includes:

any school day where the pupil does not have permission to be absent;

weekends, except the weekend preceding or following the half term break; and

non-teaching days, usually referred to as 'training days', 'INSET days' or 'non-contact days'.

With lunchtime detentions, staff should allow reasonable time for the pupil to eat, drink and use the toilet. School staff should not issue a detention where there is any reasonable concern that doing so would compromise a pupil's safety.

When ensuring that a detention outside school hours is reasonable, staff issuing the detention should consider the following points:

whether the detention is likely to put the pupil at increased risk;

whether the pupil has known caring responsibilities;

whether the detention timing conflicts with a medical appointment;

whether parents ought to be informed of the detention. In many cases it will be necessary to do so, but this will depend on the circumstances. For instance, notice may not be necessary for a short after-school detention where the pupil can get home safely; and

whether suitable travel arrangements can reasonably be made by the parent for the pupil. It does not matter if making these arrangements is inconvenient for the parent.

Removal

Removal is where a pupil, for serious disciplinary reasons, is required to spend a limited time out of the classroom at the instruction of a member of staff. This is to be differentiated from circumstances in which a pupil is asked to step outside of the classroom briefly for a conversation with a staff member and asked to return following this. The use of removal should allow for continuation of the pupil's education in a supervised setting. The continuous education provided may differ to the mainstream curriculum but should still be meaningful for the pupil.

Removal from the classroom should be considered a serious sanction. It should only be used when necessary and once other behavioural strategies in the classroom have been attempted, unless the behaviour is so extreme as to warrant immediate removal. Parents should be informed on the same day if their child has been removed from the classroom. As with all disciplinary measures, schools must consider whether the sanction is proportionate and consider whether there are any special considerations relevant to its imposition.

Removal should be used for the following reasons:

to maintain the safety of all pupils and to restore stability following an unreasonably high level of disruption;

to enable disruptive pupils to be taken to a place where education can be continued in a managed environment; and

to allow the pupil to regain calm in a safe space.

Pupil support units

A pupil support unit is a planned intervention occurring in small groups and in place of mainstream lessons. The purpose of this unit can be two-fold:

as a planned intervention for behavioural or pastoral reasons

as a final preventative measure to support pupils at risk of exclusion.

In both circumstances, the underlying ambition should be to improve behaviour and maintain learning with the goal to successfully reintegrate pupils into mainstream lessons. The approach in the unit should be aligned to the culture of the whole school and compatible with the school's behaviour policy.

A distinction is made between pupil support units and in-school alternative provision units that accommodate pupils from other settings as well (ie commissioned places); for the latter the Department for Education Alternative Provision guidance would apply and pupils must be admitted on a dual registration basis.

Searching, Screening and Confiscation

Schools also have powers to search and screen pupils and confiscate prohibited items - see our page on School powers to search and screen pupils.

Use of reasonable force

School staff can use reasonable force to either control or restrain pupils. Under Section 93 Education and Inspections Act 2006, all members of school staff have a legal power to use reasonable force. It can also apply to people whom the head teacher has temporarily put in charge of pupils, such as unpaid volunteers or parents accompanying pupils on a school organised visit.

The decision on whether or not to physically intervene is down to the professional judgement of the member of staff concerned and has to be judged on a case-by-case basis, depending on the circumstances. The school does not need the consent of the parent to use force on a pupil, but it should inform parents about serious incidents involving the use of force.

Schools can use reasonable force in the following circumstances (please note that the list is not exhaustive):

to restrain a pupil who is at risk of harming themselves or others through physical outbursts;

to prevent a pupil behaving in a way that disrupts a school event or a school trip;

to remove disruptive children from the classroom where they have refused to comply with instructions given;

to prevent a pupil leaving the classroom where allowing the pupil to leave would risk their safety or lead to behaviour that disrupts the behaviour of others.

Head teachers and authorised members of staff can use reasonable force to conduct a search for some prohibited items, but force cannot be used to search for items which have been banned under the school rules. For more information see our page on School powers to search and screen pupils.

Every school should set out, in its behaviour policy, the power to use force and the circumstances in which force can be used. The policy can include:

outline strategies for preventing or de-escalating behaviour;

procedures for post-incident support;

how the concept of reasonable force will be determined;

distinctions between planned and emergency physical intervention;

descriptions of the strategies that will be used when managing extreme behaviour.

Any policy on the use of reasonable force should also outline the school's legal duty to make 'reasonable adjustments' for disabled children and children with special educational needs. See our page on ' Disability discrimination in education '.

The Department for Education has released Departmental Advice on Use of reasonable force in schools.

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Discipline within school - childlawadvice.org.uk

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This page provides information on the powers of schools to discipline their students for example the use of detention, seclusion or isolation and the use of reasonable force. The Department for Education has issued non-statutory advice on Behaviour in schools.

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Introduction to restorative justice approaches in schools, presenting them as an alternative to traditional punitive measures for managing student behavior.

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Highlighting the importance of parent and guardian involvement in education and how it can reduce instances of misconduct leading to suspensions and exclusions.

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Exploring effective strategies for creating a positive school environment that reduces the necessity for suspensions and exclusions, including positive behavior support and early intervention programs.

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A deep dive into the effects of school suspensions and exclusions on students, including academic performance, social development, and mental health.

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An introduction to the fundamental principles behind school suspensions and exclusions in the United Kingdom, focusing on legal frameworks and educators’ responsibilities.

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Guidance on the suspension and permanent exclusion of pupils from local-authority-maintained schools, academies and pupil referral units.

Applies to England

Documents

Details

This guidance details the legal responsibilities for those who suspend (fixed period exclusion) and permanently exclude pupils from educational settings, including:

headteachers

local authorities

governing bodies

academy trusts

independent review panel members

independent review panel clerks

special educational needs experts

It governs the exclusion of pupils from:

local-authority-maintained schools

academies and free schools

pupil referral units

Statutory guidance sets out what schools and local authorities must do to comply with the law.

A guide for parents on school behaviour and exclusion is also available.

Thank you for your feedback

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School suspensions and permanent exclusions

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Guidance on the suspension and permanent exclusion of pupils from local-authority-maintained schools, academies and pupil referral units.