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Exclusion From Schools In Scotland: Guidance to Education Authorities Authorities Circular 8/03

1. It can be necessary to exclude a pupil from school in the interests of meeting the needs of the majority of pupils and teachers and helping foster an environment in which they can learn and teach with as little disruption as possible. The power to exclude a pupil from school rests with the relevant education authority. The Scottish Executive considers that for this, and for other professional and administrative reasons, each education authority should operate under locally produced exclusion guidelines. While wishing to see exclusions progressively reduce, by the application of the best practice available, Ministers will respect the judgement of education authorities to exclude in any given case. This Circular offers guidance on the contents of these local guidelines. It is not intended to replace those local guidelines, nor should it be relied upon as an exhaustive consideration of the legal duties which may, now or in the future, be imposed on education authorities.
2. It is vital that the option of exclusion is available to education authorities. It is an important sanction, can act as a deterrent to misbehaviour and is a safeguard for all pupils and staff. Pupils and school staff are entitled to experience education in an environment which is free from disruptive or aggressive behaviour.
3. While duties in relation to exclusion lie with education authorities, they may delegate responsibilities to headteachers (or senior managers) where it is appropriate and practical to do so and while ensuring they maintain compliance with their statutory responsibility.
4. As there can be no more severe sanction than exclusion, it must be carefully used in response to serious breaches of discipline or criminal behaviour, the circumstances of which must fall under the legislative criteria (see para 9).
5. A positive ethos has been identified in many school improvement studies as being fundamental to raising achievement and is linked to the development of anti-bullying, peer support and other whole school strategies. Schools with a positive ethos encourage achievement, celebrate success, have high expectations of every child, have lower exclusion rates and fewer discipline problems.
6. Education authorities should seek to minimise the need to use exclusion procedures through promoting a positive and inclusive school ethos, i.e. where all pupils are treated fairly and consistently, and offered an educational experience which they value and which recognises and meets, as far as is practicable, their individual needs. Circular 3/2001 provided guidance on the degree of curricular flexibility available within current guidelines to enable education authorities and schools to take account of local circumstances and meet individual pupil needs.
7. In considering the handling of any exclusion, the circumstances leading to a decision to exclude a pupil should be carefully considered by authorities. The feelings of teachers and staff who have witnessed, or been the victims of breaches of discipline should be considered when planning for the re-integration of an excluded pupil, where this is the expected conclusion following the period of exclusion. It is good practice when making arrangements for an exclusion to consider whether there are arrangements which should be put in place for staff or other pupils who may have been involved in any incident, or for the wider school community. The atmosphere and ethos of the school could be compromised if the views and feelings of the wider pupil population are not acknowledged and managed appropriately. The evaluation of the way such incidents are managed can enable schools to learn and inform their policies and practices for the benefit of the school.
8. Within the framework of national guidance and local authority policies/guidelines, schools should have discipline/behaviour policies which encourage and reward good behaviour and include a range of sanctions to deal with indiscipline. As the ultimate sanction available to deal with indiscipline in schools, it is particularly important that any decision to exclude is taken locally, and is a proportionate response in the light of the individual circumstances of the case. It is essential that such decisions meet the legislative requirements, and that the policy and procedures adopted by education authorities and schools are based on good practice.
9. Whilst strict uniformity in policy and practice on exclusion across Scotland is not appropriate, a considerable degree of consistency is desirable. This guidance is intended to encourage greater consistency across Scotland in relation to exclusion. For this purpose, it describes the legislative requirements, provides guidance on the roles of the different parties involved and outlines good practice.

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