This document from the Department for Education provides a guide to the legislation that governs the exclusion of pupils from maintained schools, pupil referral units (PRUs), academy schools (including free schools, studio schools and university technology colleges) and alternative provision academies (including alternative provision free schools) in England.
The ‘guide to the law’ sections in this guidance should not be used as a substitute for legislation and legal advice.
- The document also provides statutory guidance to which head teachers, governing boards, local authorities, academy trusts, independent review panel members and special educational needs (SEN) experts must have regard when carrying out their functions in relation to exclusions. Clerks to independent review panels must also be trained to know and understand this guidance.
- The phrase ‘must have regard’, when used in this context, does not mean that the sections of statutory guidance have to be followed in every detail, but that they should be followed unless there is a good reason not to in a particular case.
- Where relevant, this document refers to other guidance in areas such as behaviour, SEN, and equality, but it is not intended to provide detailed guidance on these issues.
- This document replaces the version published in 2012 for schools in England.