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Exclusion From Schools In Scotland: Guidance to Education Authorities Authorities Circular 8/03
ANNEX B
Good practice in making decisions about exclusion in individual cases |
Guiding principle
As indicated throughout this Circular, exclusion, while legitimate in protecting the interests of the whole school, should be considered as a sanction of last resort, to be used only when all other reasonable courses of action have been exhausted.
Consideration on an individual basis
It is not considered to be appropriate to set a specific national 'tariff' which ties specific types of exclusion to particular behaviours in a rigid or automatic way. In order that due account can be taken of local context, discretion regarding exclusions rests with education authorities. In making decisions about exclusion the specific circumstances of the case and of the individual/s concerned need to be taken into account.
Balancing the needs of all pupils
It is good practice to take decisions regarding exclusion on the basis of a balanced and comprehensive view of key factors, taking into account all relevant factors:
- The importance of maintaining confidence amongst pupils, parents and staff that the safety and wellbeing of the whole school community is a primary consideration.
- What steps may be taken to avoid the need for exclusion, considering whether any additional support can be provided that is likely to have a positive effect on any difficult or challenging behaviour, therefore preventing the need to resort to exclusion.
- What is in the best interests of the pupil in terms of meeting his/her educational needs. Consideration should be given to any social, emotional or behavioural difficulties which the pupil may have, the impact the exclusion will have on the learning and achievement of the pupil, and appropriate involvement of the pupils and his/her parents in planning to address behavour and gain the most from educational opportunities
These factors should be taken into account in a balanced way before coming to a final judgement. Schools and authorities should ensure that they have as full an assessment of the pupil as possible, including input from other agencies such as social work services, and of the situation in the school, before coming to a decision.
Risk assessment
The excluded pupil
In certain circumstances, a period of time excluded from school may bring about a significant increase in the extent to which a pupil is vulnerable and so 'at risk' in the community or at home. In these circumstances it will be particularly important that education and social work services should discuss the pupil's needs and behaviour and reach an agreed assessment of the risks to the pupil of continued exclusion. In assessing risks, it is important to work closely with the pupil's parent/s and the pupil. The assessment should identify and address any difficulties relating to home circumstances which would be likely to arise from exclusion. Where necessary, locally agreed child protection procedures involving all the relevant agencies may come into play.
Preventing incidents in school
A further aspect of risk assessment should be considered in relation to the challenges sometimes encountered when managing large numbers of pupils in difficult building or grounds layout. Schools and authorities should consider appropriate procedures and staffing to ensure the safety of pupils and staff.
Removals from the register
It is for education authorities to judge where it may be appropriate to delegate decision making regarding exclusion to senior staff either within authorities or their schools. Decisions on exclusion leading to removal from the register of any child must be taken in the context of the education authority's duty to provide for the education of all children and the duty to make alternative provision without undue delay for the excluded child. Any delegation of such decision making requires effective communication channels for all those involved in the decision-making process to ensure these duties are fulfilled.
Alternative education provision
The provision of alternative education is an immediate requirement in the case of every pupil excluded from school. This is in order to minimise any detrimental effects which deprivation of education may have on the pupil concerned.
When reaching a decision regarding the provision of alternative education to a pupil excluded from school, consideration should be given to the particular facts and circumstances surrounding individual incidents and/or pupils. It is therefore important to ensure, while planning the range of provision which authorities make available, that due regard be given to ensuring that a full range of interventions and placements are available and provided in appropriate numbers.
Nevertheless, a strong emphasis should be put on the development of provision which supports pupils in mainstream school attendance and, in so far as procedures do withdraw pupils from mainstream, they do so to the minimum extent necessary, and returns them to mainstream as soon as possible.
Alternative educational provision may, under some circumstances, be aimed at addressing or resolving the immediate social, emotional or behavioural difficulties of the pupil as part of a strategy to enable the child or young person to make the most of his or her learning potential. It may also provide a mediation approach as part of the process of reintegrating an excluded pupil back into full-time school education. However, such an approach must not replace consideration of the learning needs of children and young people whose difficulties are long term or a feature of their ongoing special educational needs.
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