Exclusions

Dear Mr Hyde

Freedom of Information Reference: 07811 FOI

Subject: Request for information regarding Permanent Exclusions from
Schools

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on 23rd April 2009. Your request is being dealt with under the terms of
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Joe Hemming
Resources Directorate
Lincolnshire County Council

[1][Lincolnshire County Council request email]

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Dear Mr Hyde

FOI Number: 07811

Subject: Permanent Exclusions

Thank-you for your request for information from Lincolnshire County
Council, we can confirm that we do hold the requested information and are
pleased to provide the following answers to your questions.

Q1. Is it acceptable/legal, for a permanent exclusion of a pupil from a
school to be rescinded and for the pupil to then be removed from the
school's roll and never be allowed to return to that school. If so, how
long is the deadline for the pupil to be returned to another mainstream
school?

A. Where a child is permanently excluded, the headteacher/teacher in
charge should use the period between his or her initial decision and the
meeting of the governing body to work with the Local Authority to see
whether more support can be made available or if a Statemented child,
whether the statement can be changed to name a new school. If either of
these options is possible, the headteacher/teacher in charge should
normally withdraw the exclusion that has not yet been reviewed by the
governing body.

If a Headteacher feels able to rescind a permanent exclusion, for example
if an alternative educational placement has been secured, then this should
be done in full agreement with parents. Parents should be made aware that
if they agree to the permanent exclusion being rescinded, they forfeit
their right to appeal to the Governors and an Independent Appeal Panel.

Headteachers must consider the rescinding of an exclusion carefully, as
legally a Headteacher could not refuse a place to the same pupil later on,
if places were available at that time and there were no other legal
reasons for refusal. A Headteacher may wish to have a discussion with
parents on this issue and attempt to reach an agreement before rescinding
an exclusion.

We believe that this answers your request in full, if however you believe
that we have not fully answered or addressed all the questions you have
asked please re-contact us at the address above.

Once again thank-you for your request.

Yours Sincerely

Children's Services
Lincolnshire County Council

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