SENDIASS - Spring-Term Newsletter

The new platform can be accessed at https://learning.ncb.org.uk and CDC's eLearning will be made available to use from 19th of May 2025 so be sure to check back then.

https://mailchi.mp/e304d1b2dec2/sendiass-autumn-newsletter

https://www.legislation.gov.uk/ukpga/2011/21/section/4....

The School Discipline (Pupil Exclusions and Reviews) (England) Regulations 2012

https://www.legislation.gov.uk/uksi/2012/1033/made

Suspension and permanent exclusion from maintained schools, academies and pupil referral units in England, including pupil movement Guidance (August 2024 )

https://www.gov.uk/government/publications/school-exclusion

Behaviour in Schools: Advice for headteachers and school staff (February 2024)

https://assets.publishing.service.gov.uk/.../Behaviour_in...

Equality Act 2010

https://www.legislation.gov.uk/ukpga/2010/15/contents

Guidelines for parent carers looking for support with tribunals or disputes

🟣 permanent exclusion, or

🟣 for a fixed-period, which is called a “suspension”.

Fixed term exclusion is now referred to as 'suspension' in the Exclusion Guidance and Behaviour Advice, however the regulations have not been changed and 'suspension' is defined as exclusion for a fixed period.

'𝒊𝒏𝒇𝒐𝒓𝒎𝒂𝒍’ or ‘𝒖𝒏𝒐𝒇𝒇𝒊𝒄𝒊𝒂𝒍’ exclusions or suspensions, such as sending a pupil home to cool off, are unlawful even if a parent or carer agrees to it.

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

🟣 Lawful

🟣 Rational

🟣 Reasonable

🟣 Fair

🟣 Proportionate.

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.

🟣 Inform the parent/carers about the exclusion, highlighting the reasons for this and how representations can be made. Written notification of this should include the length of exclusion and arrangements for the setting of work, or alternative provision.

➡️ Updated guidance advises that ‘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’

🟣 Let the Governing Body know if the exclusion is permanent, will last more than five school days (or more than ten lunch times) in a term, or will result in the pupil missing a national curriculum test or public examination.

🟣 Legislative changes now mean that a Head Teacher must inform the Local Authority of their decision to exclude, regardless of the length of this.

➡️ Changes also now mean if a pupil has a social worker, or if a pupil is looked-after, the headteacher must now, also without delay after their decision, notify the social worker and/or VSH, as applicable.

Scroll along the screen to see the range of headers

Scroll down to see further resources under each section

If we're missing some information you'd like to see, please feel free to let us know - you can email us via SENDIASS@southtyneside.gov.uk

This e-learning introduces sensory processing: what it is and why it matters and is intended to be used by a wide variety of practitioners especially those working directly with Disabled Children and Young People and those with Special Educational Needs.

Free e-learning course on Sensory Processing | Nasen

This course was originally developed as training by the Early Years SEND Partnership, and has now been re-purposed to create this e-learning that is now delivered through the RISE (Research and Improvement for SEND Excellence) Programme, a contract funded by the Department for Education (DfE).

The course covers the following topics:

1. Sensory systems and sensory processing differences.

2. Practical application of the theory and where to go for support.

• Sensory environments.

  
  

To view and complete the e-learning, please follow the instructions on this link. This course should take around 90 minutes to complete, including making notes in the accompanying learning log document that you can access through the course.

Support parents/carers in communicating and engaging with schools.

Provide information and support relating to Disability Discrimination claims or in making representations to school Governors following permanent exclusion.

Support is also available to children and young people to help them share their views as part of the process.

Listen to the concerns of parents/carers and support them in making their own informed decisions.

Contact can be made with the service via our Advice Line (0191 424 6345), alternatively a referral can be made via our website (www.southtynesidesendiass.co.uk).

Our School Exclusion Support Hub meetings provide an additional opportunity to meet with members face-to-face to get information, advice or support, along with our weekly SEND Surgery Sessions. Dates and further information about the sessions can be found here: https://www.eventbrite.co.uk/.../south-tyneside-sendiass...

The local authority (LA) should also be invited to the meeting.

The governing board must meet to consider any exclusion that triggers a compulsory review within 15 school days from the date of exclusion. This includes:

🟣Any permanent exclusion

🟣A suspension that takes the total number of school days that the student has been excluded to more than 15 in any one term;

🟣An exclusion that results in missing a national examination or test.

𝑯𝒆𝒓𝒆’𝒔 𝒘𝒉𝒂𝒕 𝒚𝒐𝒖 𝒄𝒂𝒏 𝒆𝒙𝒑𝒆𝒄𝒕 𝒂𝒕 𝒕𝒉𝒆 𝑮𝒐𝒗𝒆𝒓𝒏𝒐𝒓𝒔 𝑫𝒊𝒔𝒄𝒊𝒑𝒍𝒊𝒏𝒂𝒓𝒚 𝑪𝒐𝒎𝒎𝒊𝒕𝒕𝒆𝒆 𝒎𝒆𝒆𝒕𝒊𝒏𝒈:

🟣A representative from the local authority needs to attend the meeting (where the school is a maintained school or a PRU)

🟣 Available written evidence should circulated to all relevant parties 5 days in advance of the meeting.

🟣 The parent must be allowed to bring a friend or representative which includes legal representation by a solicitor or barrister.

➡️ For more information about Governors Disciplinary Meetings, Coram’s School Exclusions Hub provides a helpful ‘quick-guide’ here: https://shorturl.at/Cq713

#SchoolExclusionsWeek

The ‘My Views’ document can be used to help ensure children and young people’s voices are included as part of challenging a decision to exclude. 

To view and download the My Views document visit:  https://www.southtynesidesendiass.co.uk/#downloads

#SchoolExclusionsWeek 

𝗛𝗲𝗮𝗱𝘁𝗲𝗮𝗰𝗵𝗲𝗿 𝗘𝘃𝗶𝗱𝗲𝗻𝗰𝗲 𝗰𝗮𝗻 𝗶𝗻𝗰𝗹𝘂𝗱𝗲 (𝗗𝗲𝗽𝗲𝗻𝗱𝗶𝗻𝗴 𝗢𝗻 𝗖𝗮𝘀𝗲):

🟣 Incident Reports

🟣 Witness Statements

🟣 SEN Records

🟣 Support Plans

𝗣𝗮𝗿𝗲𝗻𝘁/𝗖𝗮𝗿𝗲𝗿/𝗣𝘂𝗽𝗶𝗹𝘀 𝗥𝗲𝗽𝗿𝗲𝘀𝗲𝗻𝘁𝗮𝘁𝗶𝗼𝗻𝘀:

🟪 Question the incident that led to exclusion, as well as how the Head Teacher reached the decision.

🟪 Question what support was in place and whether the child's SEN needs were taken into account.

Parents are also able to write a statement about why they disagree with the exclusion.

Support is available in preparing written representations.

#SchoolExclusionsWeek

Figures for the 23-24 academic year will be released in July.

#SchoolExclusionsWeek

The burden of proof is a legal standard that determines if a legal claim is valid or invalid based on the evidence produced.

The burden of proof is typically required of one party and it is the party that is filing a claim that carries the burden of proof and must demonstrate that the claim is valid, so with an exclusion, this will fall to the headteacher/school.

The headteacher must use the civil standard of proof which is the balance of probabilities which means the evidence must show that it is more than likely the pupil did what they are accused of.

𝗧𝗵𝗲 𝗲𝘃𝗶𝗱𝗲𝗻𝗰𝗲 𝗺𝘂𝘀𝘁 𝗯𝗲 𝗼𝗳 𝗴𝗼𝗼𝗱 𝗾𝘂𝗮𝗹𝗶𝘁𝘆-

🟣 All lines of investigation must be followed up.

🟣 Evidence should be consistent.

🟣 How was the evidence gathered? Inappropriate tactics, leading questions, particularly aggressive approach (this can differ from pupil to pupil)

🟣 Is there evidence missing?

ℹ️ Support is available to families in reviewing and preparing evidence through the exclusions process.

#SchoolExclusionsWeek

If the school governors upholds a pupils exclusion, a parent has the right to have this decision reviewed, this is done by the IRP - Independent Review Panel.

The IRP exist to ensure that the decision to uphold an exclusion was impartial and independent as there is occasionally an existing close relationship between a head teacher and the school governors.

🟣 New Evidence can be relied upon, even if not previously available

🟣 School may not introduce new reasons. Panel must disregard any new reasons

🟣 Burden of Proof-Balance of Probabilities re-looked at.

🟣 Parent has the right to request a SEN expert to attend the IRP; impartial expert witness. Panel must seek and have regard for the SEN expert’s view.

𝗪𝗶𝘁𝗻𝗲𝘀𝘀𝗲𝘀 𝗺𝘂𝘀𝘁 𝗻𝗼𝘁 𝗯𝗲 𝗽𝗿𝗲𝘀𝗲𝗻𝘁 𝗯𝗲𝗳𝗼𝗿𝗲 𝗴𝗶𝘃𝗶𝗻𝗴 𝗲𝘃𝗶𝗱𝗲𝗻𝗰𝗲 𝗯𝘂𝘁 𝗰𝗮𝗻 𝘀𝘁𝗮𝘆 𝗮𝗳𝘁𝗲𝗿𝘄𝗮𝗿𝗱𝘀 𝘄𝗶𝘁𝗵 𝗜𝗥𝗣 𝗰𝗼𝗻𝘀𝗲𝗻𝘁

𝗡𝗼 𝗼𝗻𝗲 𝗲𝘅𝗰𝗲𝗽𝘁 𝗳𝗼𝗿 𝘁𝗵𝗲 𝗰𝗹𝗲𝗿𝗸 𝘀𝗵𝗼𝘂𝗹𝗱 𝗯𝗲 𝗮𝗹𝗼𝗻𝗲 𝘄𝗶𝘁𝗵 𝘁𝗵𝗲 𝗜𝗥𝗣, 𝗶𝗻𝗰𝗹𝘂𝗱𝗶𝗻𝗴 𝘁𝗵𝗲 𝗦𝗘𝗡 𝗲𝘅𝗽𝗲𝗿𝘁.

ℹ️ Support is available to families in preparing for the IRP meeting.

#SchoolExclusionsWeek

The 'Principles of natural justice' will apply, which is a set of legal principles that ensure procedural fairness and fair decision making-

🟣 𝗜𝗹𝗹𝗲𝗴𝗮𝗹𝗶𝘁𝘆- Did the governing board act outside the scope of its legal powers?

🟣 𝗜𝗿𝗿𝗮𝘁𝗶𝗼𝗻𝗮𝗹𝗶𝘁𝘆 -Did the governing board rely on irrelevant points, fail to consider all relevant points, or make an unreasonable decision that no governing board acting reasonably would have made?

🟣 𝗣𝗿𝗼𝗰𝗲𝗱𝘂𝗿𝗮𝗹 𝗜𝗺𝗽𝗿𝗼𝗽𝗿𝗶𝗲𝘁𝘆 -Was the governing board consideration procedurally fair and unflawed so that justice could be done.

The Independent Review Panel must notify the parties of their decision and reasons for it without delay, it must communicate the reasons for the decision and the evidence relied on. Minutes must be taken, including in relation to the voting and decision, and must be retained for a period of at least 5 years.

The governing board must meet to reconsider the exclusion within 10 school days of the Independent Review Panel, giving notice of the decision to quash and direct or recommend reconsideration of it. The governing board must reconsider conscientiously.

The decisions of the governing board on reconsideration are challengeable in the High Court in a Judicial Review.

#SchoolExclusionsWeek

Having spent much of the week sharing information about School Exclusions and processes, we'd like to use some of the last posts for #SchoolExclusionsWeek to look at further information and support available.

Our service provides an Advice Line, available weekdays, to answer school exclusions queries. There's also further information about the support we can provide here: https://www.southtynesidesendiass.co.uk/

Child Law Advice & IPSEA provide helpful legal information and guidance and can be accessed via https://www.ipsea.org.uk/ and https://childlawadvice.org.uk/

Coram's School Exclusions Hub provides lots of guidance and templates to help prepare representations, this can accessed here: https://schoolexclusionshub.org.uk/prof.../resource-library/

SEND Local Offer South Tyneside includes lots of information about local services in South Tyneside that can provide additional support to families. Find out more via https://sendlocaloffer.southtyneside.gov.uk/

#SchoolExclusionsWeek

These pathways deal with problems related to assessing special educational needs and obtaining educational, health and social care provision.

The pathways are maintained by the Law Clinic at the University of Liverpool, with support from students who study the law relating to children with Special Educational Needs as part of their degree.

They are intended as a support tool, and can be accessed via: https://www.sendecisions.org.uk/

As part of this project, 3 animations have been created using words taken from interviews with 11 Year 6 autistic pupils as they were finishing primary school and moving into Year 7 at secondary school.

You can find out more about the project, and view the animations here: Schools and Young People with SENs | York St John University

At the heart of the site is the WARMTH Framework. Although the underlying reasons for young people not being in school may differ (such as absence or exclusion) the WARMTH framework is designed to be inclusive for all young people.