Exclusion From Schools In Scotland: Guidance to Education Authorities Authorities Circular 8/03
The terms 'temporary exclusion' and 'permanent exclusion' are currently used by some education authorities and schools as a matter of practice, and for recording purposes. The legislation does not make such a distinction. In legislative terms, a pupil is merely excluded.
Previous terms used to describe the above have included 'temporary exclusion' 'suspension', 'informal exclusion', 'cooling off period' and 'sending a pupil home'. All such instances are forms of exclusion and must be recorded as such. Education authorities and schools should no longer use the previous terminology.
We are aware that the term 'temporary exclusion' is still used, for example, in the ScotXed documentation for when a pupil is excluded from a school, but remains on the register of that school, being expected to return when the period of exclusion is completed.
Removal from the register
Previous terms used to describe the above have included 'permanent exclusion' and 'expulsion'. Education authorities and schools should no longer use these terms.
The term 'exclusion/removal from the register' should be used in the ScotXed documentation when a pupil is excluded from a school and the pupil's name is removed from the school register, the education authority having decided that the pupil should not return to that school.
For the purposes of this guidance, the definition of 'parent' is as in section 135(1) of the Education (Scotland) Act 1980: including a guardian or any other person who is liable to maintain, or has parental responsibilities in relation to, or has care of, the child or young person.
As in section 135 (1) of the 1980 Act: a person who is not over school age.
The Age of Legal Capacity (Scotland) Act 1991 states that a person under the age of sixteen has legal capacity to instruct a solicitor in connection with civil proceedings where they have a general understanding of what it means to do so and a child of twelve or more is presumed to have sufficient age and maturity. Such a person also has legal capacity to sue or to defend in any civil proceedings. Section 41 of the Standards in Scotland's Schools etc Act 2000 extended appeal rights under section 28H of the 1980 Act to a pupil with such legal capacity.
As in section 135 (1) of the 1980 Act: a person over school age who has not yet attained the age of eighteen years.
Children with Special Educational Needs
Authorities should note anticipated changes to legislation concerning pupils with special educational needs, following which sections 14-19 of this guidance may be revised accordingly
A child or young person has special educational needs if they require additional or different education provision from that which is normally provided for children or young persons of their age, to help them learn effectively. For more information see "Children and Young Persons with Special Educational Needs: Assessment and Recording" (SEED Circular 4/96).
Looked After Children
The term 'looked after children' is as in section 17(6) of the Children (Scotland) Act 1995, and includes children who are looked after by a local authority in a residential establishment, a foster home or under a supervision requirement in their own home.