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

The education authority

57. Power to exclude a pupil rests with the relevant education authority. Accordingly, it is the responsibility of the authority to devise and implement policies and procedures on exclusion, which should take account of the guidance contained in this Circular. The role of the education authority is strategic, enabling and supportive. Exclusion policy should be seen in the wider context of an authority's duty under section 1 of the Education (Scotland) Act 1980:

"…to secure that there is made for their area adequate and efficient provision of school education…".

And under section 2(1) of the Standards in Scotlands Schools Act 2000:

" …to secure that the education is directed to the development of the personality, talents and mental and physical abilities of the child to their fullest potential."

58. For reasons of accountability, and in the interests of all pupils, their families and school staff, it is important also that authorities make their locally produced guidelines available publicly in a form which is easily understandable.
59. An authority's policies and procedures must follow the requirements of appropriate legislation. They should provide a helpful and supportive framework within which individual schools can work effectively with pupils and parents to maintain discipline and safety in the school.
60. Where a child or young person is to be placed at another school following exclusion, education authorities should not only arrange, but also co-ordinate, all aspects of this onward placement, in the best interests of the child or young person. Parents and pupils should be included in any decisions regarding placement at another school, as referenced previously ( see paras 48 and 49). It is good practice for education authorities to monitor equitable approaches to exclusion by all schools in their area, to safeguard the interests of vulnerable pupils.
61. Education authorities have powers and obligations regarding pupils not in attendance at schools including those excluded from school, and should have appropriate arrangements in place for such pupils.
62. When considering the provision of education for those excluded from school, authorities should (as provided in section 28 of the 1980 Act) have regard to the general principle that, so far as is compatible with the provision of suitable instruction and training and the avoidance of unreasonable public expenditure, pupils are to be educated in accordance with the wishes of their parent/s.
63. In monitoring the use of exclusion, education authorities will be aware of their continuing obligations in respect of pupils who have been excluded. Accordingly, authorities are expected to have in place arrangements for the systematic review of individual cases with a view to early re-integration into school education wherever appropriate. The extent to which such arrangements should themselves be subject to review should also be considered.
64. It is important that the system of education provided for in an education authority's area should aim, as far as possible, to cater for all pupils for whom provision of education is sought. Education authorities will require to take account of any other legal obligations such as anti-discrimination legislation and human rights.
65. Also of relevance is SEED Circular 3/2002 which provides advice to enable education authorities to review their policies for children with special educational needs, in the light of the requirement in Section 15 of the Standards in Scotland's Schools etc. Act 2000, that the education of all children should be provided in mainstream schools, unless certain specified exceptions apply. One such exception is section 15(3) of the 2000 Act, which recognises that education of a child can sometimes be incompatible with the provision of efficient education for the children with whom the child would be educated. However section 15(3) makes it clear that such circumstances would be expected to arise only exceptionally.

The School

66. The focus of discipline is at school, rather than education authority, level. Effective and well-designed discipline, or behaviour, policies in school are crucial to the development of learning. In relation to such policies, schools should actively seek models of good practice - and education authorities should ensure they do so.
67. Pupils need to be taught and to learn the basic rules of good behaviour for their own benefit, the benefit of other pupils and the benefit of society as a whole. Schools should make clear what is expected of pupils, and how they are required to behave. Schools should aim to reward good behaviour as well as providing sanctions against inappropriate or poor behaviour.
68. All schools should have in place effective policies on discipline, or behaviour, which are the result of consultation with all members of the school community and are supported by, and promulgated to, all staff, pupils, parents and the School Board. The policies should be applied consistently throughout the school.

Education authority and school policy / guideline documents

69. It is suggested that at a minimum, an authority's policies and procedures, and those of an individual school which follow the authority's policies, should address certain fundamental aspects.
70. Aspects which should be addressed in both education authority and school documents:

• Exclusion can be an acceptable action.
• Where exclusion is used it should be as a proportionate response in which there is no appropriate alternative.
• The principle that pupils and school staff have the right to work and learn in a safe environment with the minimum of disruption
• Exclusion should be used only as a last resort and in certain clearly prescribed circumstances;
• A clear definition of responsibility for the management of exclusion and alternative education provision at school and education authority level.
• The steps that the education authority must take to meet the terms of the legislation on exclusion. This should include the steps set down in Regulation 4A of the Schools General (Scotland) Regulations 1975, as amended, as to informing the pupils/parent/s. Letters to the pupil's parent/s, and to pupils where applicable, to explain the position, and to fulfil the statutory requirements, should be easily understandable and in a tone designed to elicit a constructive response;
• The steps which the education authority will take to ensure that the views of the pupil's parent/s, and the pupil, are appropriately established and represented and properly taken into account in reaching decisions about exclusions;
• Reasonable measures put in place to provide appropriate support for other pupils and staff, following a breach of discipline or when planning for an excluded pupil's reintegration into the school, with a brief note on the rationale for these measures for record
• The approach underlying policies on exclusion. This approach should be inclusive, i.e. one under which all pupils are treated equally and offered an educational experience which they value;
• Any additional considerations which should be made in respect of particular groups of pupils, including pupils with special educational needs (both recorded and non-recorded pupils), and looked after children;
• The importance of a multi-disciplinary approach and inter-agency co-operation, both generally, and specifically in relation to looked after children, pupils with special educational needs, and pupils in other particular circumstances; and
• A mechanism to monitor and evaluate the use of exclusion and a commitment to rigorous audit and self-evaluation.

71. Aspects specific to education authority documents:

• authorities should ensure that all schools have in place appropriate school discipline, or behaviour, policies, which include a policy on exclusions;
• authorities, having powers and obligations as regards pupils not in attendance at schools, should ensure they have appropriate arrangements in place for excluded pupils which can be accessed quickly for pupils in this situation; and
• authorities should specify the range of provision available, and ensure it is designed to meet a range of needs. This may include school-based or off-site provision for pupils.

72. Aspects specific to school documents:

• the circumstances in which exclusion will be considered, which will reflect the fact that the school must act in accordance with the education authority's policies and procedures, as well as operating within relevant legislation;
• the circumstances in which alternative provision of education involving special arrangements will be sought, the type of provision to be accessed depending on the particular circumstances of the case;
• the need to provide all pupils with an appropriate and relevant curriculum. (However, it can be appropriate to depart from national guidelines in planned ways to address the specific needs of an individual pupil, if there is a clear alternative rationale in place that has been agreed with parents and is likely to improve attainment for the pupil concerned.);
• the circumstances where it may be expected that the school will ask the education authority to consider exclusion, in which a pupil may not be re-admitted to the same school in which the breach of discipline took place;
• the need for planned and coherent continuing professional development in promoting positive school ethos, in managing disruptive or disturbing behaviour effectively and in promoting positive behaviour;
• the importance of finding ways of working with the School Board (where there is one) and the parent body in preventing and solving problems (individual cases should never be discussed by the Board); and
• the information which schools will record on a decision to exclude in the pupil's progress record, and provision for removal of such information if a successful appeal against exclusion has been made.

The School Board

73. School Boards should not discuss individual cases, not least in the interests of confidentiality. The Board should, however, play a pro-active role in the construction, on-going review and monitoring of school discipline, or behaviour, policies including those aspects related to exclusion.

The parent/s -

74. Parents have the right to expect that their children's safety while at school will be promoted and disruption to their education minimised.
75. The term "parent" also includes reference to guardians and carers. For a more comprehensive definition for the purposes of this guidance, please refer to Annex C.
76. The involvement of a child's parent/s in the education of that child is crucial in encouraging learning and also in promoting personal and social development. Schools should inform and actively seek the opinions and support of parents regarding school policies and expectations. In particular, parents should be consulted about discipline, or behaviour, policies. It is important that the school works in partnership with individual parents, as well as the parent body as a whole, and vice versa.
77. Parents have rights. These should be respected during any interaction they have with the education authority or school, including the right to information about their children's performance and progress. Parents should be involved at an early stage if their children are behaving regularly in disruptive, or disturbing, ways.
78. Parents may have the right to appeal against exclusion, where the pupil does not have legal capacity. 'Parent' includes guardians or others having parental responsibilities, see Annex C. ( See paragraph 85 re the parent's advocacy role).
79. In the case of looked after children, the parent/s, should be advised about the decision to exclude the child whenever possible. It is essential that a social worker or carer with direct responsibility for the child should be informed of the decision to exclude, with due regard for the confidentiality of the child and the impact of the decision to exclude on the child's care arrangements and Care Plan.
80. In any contact the education authority or school have with a child's parent/s, recognition should be given to the fact that some parents may feel vulnerable, threatened, or extremely defensive when dealing with professionals and officials in the education system. Procedures should be established within both education authorities and schools to resolve parental concerns within a supportive and safe environment.
81. Parents also have responsibilities. A parent of a child of school age has a duty under section 30 of the Education (Scotland) Act 1980 to provide efficient education for the child suitable to his or her age, ability and aptitude. This they must do either by causing their child to attend a public (education authority) school regularly, or by other means. Parents continue to be subject to this duty where their child is excluded and therefore they should co-operate with the education authority in making any alternative provision necessary, including any special arrangements. Parents are also expected to support the school in facilitating their child's compliance with any reasonable conditions of return, which may be in the form of written agreement if this is felt to be necessary.
82. Parents should ensure that their children attend school regularly, support the school in implementation of the agreed school policies, ensure that their children respect the agreed school policies and encourage them to behave properly, supporting the school in its efforts to tackle indiscipline.
83. Parents should also accept responsibility for their own behaviour. All members of the school and wider educational community have the right to be treated with respect. Any discussions between parents, the school or other authority staff should focus on the future of their child's education and how this can best be facilitated, for the benefit of all concerned. All parties should be able to expect their views to be heard and parents may at times require support to help them communicate these calmly and assertively, and should expect the views of others to be presented in the same way.
84. A parent also has an advocacy role, in promoting the views of their child. This is particularly crucial where their child is at risk of being, or has been, excluded. It is good practice to inform parents of how they might gain the support of another adult, professional or organisation, which might assist them or advocate on their behalf, to ensure that the child or young person receives the support he/she needs when he/she needs it. Children's Rights Officers also have an important role to play in supporting children who are being looked after by the local authority. Although a child of legal capacity, or a young person, has the right to appeal, the role of the parent in supporting the child or young person and promoting their views should be recognised and supported during this process.
85. Parents of pupils who have been witness to, or victims of breaches of discipline and who may require support should be involved in discussing how best to provide that support to their child.

The pupil(s) -

86. Pupils have the right to expect to learn in an environment where disruption is minimised and they are safe.
87. Pupils who have been witness to, or the victim of, breaches of discipline must be supported to maintain their confidence in the school and school staff, and to feel that their ongoing safety and wellbeing is paramount. They may not understand the authority's response to the incident and appropriate pastoral support or counselling may be required. They should have a named member of staff whom they may approach for support.
88. All pupils have the right to be treated fairly, as individuals, and to be offered an educational experience which is appropriate to their age, ability and aptitude and which they value. They have the right to receive information concerning their exclusion and to appeal, if they are of legal capacity.
89. Pupils should be consulted about discipline, or behaviour, policies within their school.
90. Whatever their age, children or young people should have their views taken into account, when schools and authorities make decisions about exclusion, so far as is reasonably practicable, taking account of age and maturity. In any relevant procedures, including appeals, the views of the pupil as well as those of the parent/s should be accurately represented and appropriately taken into account. As the views of pupils may diverge from their parent/s, it is clearly not sufficient to assume that the views of the parent/s automatically reflect those of the child or young person.
91. Pupils also have responsibilities. They are expected to attend school regularly, behave appropriately and respect the agreed school policies. They should be fully aware of the school rules and the school's responses to breaches of discipline.
92. Pupils should accept responsibility for their own behaviour. All members of the school and also the wider community have the right to be treated reasonably and with respect for their safety and feelings. Their personal and social education should enable their understanding of acceptable behaviour and social responsibility, and assist the development of personal skills in self management and resolving conflict in acceptable ways.
93. Young persons and pupils of legal capacity have the right to appeal against decisions to exclude them. It is good practice for authorities to provide Looked After Children with the support that might be expected from caring, well informed parents ( see paragraph 83), and to make available to all pupils information on how they might seek the support of an adult, professional or organisation to assist them to advocate on their own behalf ( see paragraph 38).

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