Longfield Academy Exclusion Policy

The exclusion policy of Longfield Academy has been reviewed and adopted by The Governing Body of the Leigh Academies Trust

Date of Policy: June 2010
To be reviewed: June 2012

Statement of intent

The Governing Body of Leigh Academies Trust believe that in order to achieve its vision of success and fulfilment for every student and enable effective teaching and learning to take place, good behaviour in all aspects of academy life is necessary. The decision to exclude any student, therefore, will only be taken in exceptional circumstances and:

• In response to significant breaches of the academy's Behaviour and Discipline Policy
• If allowing the student to remain in the academy would seriously harm the education or welfare of the student or others in the academy.

1. Roles and Responsibilities

The decision to exclude a student from the academy can and will only be taken by the Principal or, in his absence, a senior member of staff to whom he has delegated the authority to exclude.

2. Deciding whether to exclude a student

The decision to exclude a student is a matter of judgement for the Principal, who will take into account the likely impact of the misconduct on the life of the academy. This may include behaviour on the academy premises or during academy visits and residential activities that is in breach of the standards of behaviour expected by the academy.

Before reaching a decision to exclude either permanently or for a fixed period, the Principal will:

• consider all relevant facts and such evidence as may be available to support the allegations made, taking into account the academy's behaviour and discipline and equal opportunities policies.
• allow the student to give his or her version of events
• check whether the incident may have been provoked, for example by racial or sexual harassment
• (if necessary) consult others, being careful not to involve anyone who may have a role in any statutory review of his or her decision, for example members of the Governing Body's Discipline Committee
• Keep a written record of the actions taken, including any interview with the student. Witness statements must be dated and should be signed, wherever possible.

Student's behaviour outside the academy will be dealt with in the same way as behaviour inside the academy where it is considered that there is a clear link between the inappropriate behaviour outside the academy maintaining good behaviour and discipline among the students as a whole. Student behaviour in the immediate vicinity of the academy or on the journey to and from the academy may result in exclusion.

Before permanently excluding a Looked After Child the Principal will discuss with the appropriate LEA officer the availability of suitable alternative provision elsewhere.

3. Permanent Exclusions

Permanent exclusions will normally be used only as a last resort when a range of other strategies have been exhausted.

In exceptional circumstances, the Principal might consider it appropriate to permanently exclude a child for a first or one-off offence. Such circumstances might include:

• Where there has been serious actual or threatened violence against another student or member of staff
• Sexual misconduct
• Supplying an illegal drug, as defined within the academy Drugs and Substance Abuse Policy.
• Carrying an offensive weapon
• Any severe form of bullying including racist or homophobic bullying
• Any action resulting in a serious health and safety issue.

In cases where a criminal offence has taken place, the police may be informed and where appropriate, the Youth Offending Team, Social Services or any other outside agency involved with the student.

Should the Principal decide to permanently exclude a student he will inform the Local Authorities Exclusions Officer at the earliest possible opportunity.

4. Drug Related Exclusions

The decision to exclude for drug related offences will only be taken after consideration of the Longfield Academy Drugs and Substance Abuse Policy. The precise circumstances of the offence and the evidence available will be carefully considered before a decision is made whether to:

• Permanently exclude
• Give a fixed term exclusion

The academy policy states that:

"Students found in possession of illegal drugs covered by the Misuse of Drugs Act 1971 will be excluded for five days or more in the first instance. The police and social services will be informed and any substances handed to the police. A permanent exclusion will result for any further incident.

Any pupil attempting to supply illegal drugs covered by the Misuse of Drugs Act and / or drugs not being used in accordance with any officially issued prescription will be permanently excluded from the academy. The police and social services will be informed and any substance handed to the police

Students involved in solvent misuse be excluded from the academy for three days or more in the first instance, with re-admittance following parental interview and permanently for any further incident."

5. Fixed-term exclusion

The Principal may exclude a student for up to 45 days in any one academy year. Generally fixed term exclusions will be for one to three days. No exclusion will be given for an unspecified period of time

6. Procedures following a fixed term exclusion

The Principal will inform the parent/carer of the period of the exclusion and the reasons for it. During this process the academy will ensure that the parent or carer is informed of their duties in the first five days.

Where the exclusion is for a period of between one and five days the academy will set work and arrange for it to be marked.

Where a student is given an exclusion of six academy days or longer the academy arrange suitable full-time education from and including the sixth day.

During the period of exclusion the academy will consider strategies to address the student's problems and identify any support that may be necessary to promote a successful reintegration.

The parent/carer has the right to make representations about the exclusion to the Discipline Committee of the Governing Body.

Should any parent/carer refuse to comply with the terms of an exclusion, the academy may notify the Social Services Department and the police if, in the Principal's view, the student or any other person may be at risk as a result of a failure to meet the terms of the exclusion. If the issues cannot be resolved, the Education Welfare Service will be contacted and the advice of the LEA Exclusions Officer will be sought.

7. Lunchtime exclusion

Students whose behaviour at lunchtime is disruptive may be excluded from the academy premises for the duration of the lunchtime period. Any lunchtime exclusion will be treated in the same way as any other fixed-term exclusion and parents will be informed in the same way. Any student entitled to a free academy meal will be offered a packed lunch.

8. Reintegration

A reintegration meeting with parents or carers will be held during or following the expiry of all fixed-term exclusions. The students should normally attend all or part of the meeting.

Upon return from fixed-term exclusion a Pastoral Support Plan will be discussed, agreed and signed by the student, parents/carers and the academy. This will identify the issues leading to the exclusion and outline a clear set of expectations for a smooth and successful reintegration. A range of additional strategies and resources to support the reintegration process may be identified. To facilitate this a copy of the Pastoral Support Plan will be sent to the Learning Support Co-ordinator within the academy.

A fixed term exclusion will not be extended because a meeting with parents/carers cannot be arranged, nor because a parent/carer refuses to sign a Pastoral Support Plan. In the event that a meeting with parents cannot be arranged, the meeting will still be held with the student and an appropriate adult. The academy will keep a record if parents or carers fail to attend and any reason given.

9. Other considerations

The academy will implement its behaviour and discipline policy with due regard to the implications arising from the Special Educational Needs and Disability Act 2001, the Race Relations (Amendment) Act 2000, the Human Rights Act 1998 and any other relevant legislation.

Longfield Academy will be sensitive to the needs of children in public care when excludable incidents occur. Professional advice will always be sought and social services will be kept informed at the earliest opportunity.

10. Alternatives to exclusion

Longfield Academy is committed to using exclusion as a last resort. Alternatives will always be considered and may include:

• restorative justice processes
• isolation
• a managed move, in line with the locally agreed protocol.

The academy is an active participant in the Dartford and Swanley Inclusion Forum and will access expertise and resources available through the forum to minimise exclusions. A referral to the forum will be made prior to any permanent exclusion being actioned.

No student will be excluded for:

• minor incidents e.g. failure to do homework
• poor academic performance
• lateness or truancy
• pregnancy
• breaches of the academy uniform rules except where these are persistent and/or in open defiance of the rules
• the behaviour of their parents e.g. parents refusal or inability to attend meetings to discuss the behaviour of the student.

11. Procedures for review and appeal

The Governors of Leigh Academies Trust will make provision for arrangements to review promptly all permanent exclusions and all fixed-term exclusions totalling over 15 days in an academy term. Where exclusion is more than 5, but not more than 15 academy days in one term the Governors will review the exclusion, within the statutory time frame, but only if the parent or carer requests such a meeting.