There are some ‘grey areas’ of exclusion and some unofficial exclusion practices that take place in schools.

Unofficial and informal exclusions can make it hard for parents to fight for the rights of their child. In some cases, they may even be unlawful.
 

What are the 'grey areas' of exclusion?

The grey areas of exclusion include:

• informal exclusions
• internal exclusions
• part-time timetables
• managed moves and off-rolling
• excluding pupils from school trips and afterschool clubs.

Legislation and guidance outline schools’ and authorities’ responsibilities in relation to exclusion. However, some schools and local authorities deviate from this law and guidance and bend the rules.
 

Why do schools deviate from the law and guidance?

Schools are becoming increasingly competitive, needing to attract parents and pupils. Most schools aim to receive a positive inspection judgement. If an autistic pupil displays behaviour that may be considered aggressive, headteachers are faced with the decision of whether or not to exclude them.

Headteachers may fear an inspection finding that this behaviour is impacting on the achievement of pupils. However, to inspectors, high levels of exclusion may indicate underlying weaknesses in the school.

Schools are required to report exclusions, and headteachers should be aware that they shouldn’t discriminate against pupils with disabilities. As a result, some schools use covert methods of excluding pupils in order to conceal this important information.

These methods are rarely in the best interests of the child and can have a lasting impact on their progress and wellbeing.

Informal exclusion

Occasionally, a school may ask parents to take a pupil home ‘to cool off’, or to keep them at home without officially excluding them. This gives parents the impression that the school is being compassionate by not adding an exclusion to the pupil's school record.

However, this practice can result in pupils losing out on their education. It can also lead to parents losing their right to challenge the exclusion.

Any exclusion of a pupil, even for short periods of time, must be formally recorded and follow the correct procedure. Informal exclusions (including those lasting for an indefinite period) are unlawful, regardless of whether or not parents have agreed to them.

Our School Exclusions Service still receives reports from parents of autistic children and young people who are being informally excluded.

Internal exclusions

Internal exclusions are used to remove the pupil from class, but not from the school site, for disciplinary reasons. It may be a formal process, but it’s not legally an exclusion, so exclusion legislation and guidance don’t apply.

The primary reason for internal exclusions is to accommodate pupils who’ve been removed from a lesson at very short notice for disruptive behaviour. If a school uses internal exclusion as a disciplinary measure, this should be reflected in its behaviour policy. Internal exclusion should not become:

• a provision for long-term respite care
• a way of avoiding meeting the needs of pupils who may need specific support
• a fast track to permanent exclusion.
   

Part-time timetables

Children of compulsory school age in Scotland should expect to receive education whilst schools are open and the same level of learning as their peers.

Despite this, our School Exclusions Service often hears from families whose children have been placed on a reduced, part-time timetable. Some of these pupils have been in reception or nursery classes. The schools often justify this by saying that the child isn’t yet of compulsory school age and is not ready for school.

But it’s sometimes the school that’s not ready for the child. The duty to make reasonable adjustments for disabled pupils means that schools need to think in advance about what they might require and what adjustments might need to be made for them.

Parents may be able to argue (under the Equality Act 2010) that their child has been denied what’s offered to their peers, for a reason related to their disability. Only allowing a disabled pupil to attend school part-time, because the school doesn’t have the resources to support them full-time, is discrimination arising from disability, unless it can be justified.

You might find our information about disability discrimination helpful.

It’s not just young children who are placed on part-time timetables. Parents have also told us of primary and secondary schools placing their children on reduced, part-time timetables.

These aren't unlawful, but should be used sparingly and in exceptional circumstances to meet the needs of an individual child, not because a school can’t cope or lacks resources. They’re a short-term solution and should have clearly specified time limits.

Managed moves and off-rolling

Sometimes, parents and schools may agree that a fresh start in a different school would benefit a child who’s at risk of exclusion. This is known as a ‘managed move’. 

Growing concerns around the use of ‘off-rolling’ were highlighted by the Timpson Review of School Exclusions:

“There are times when a child is taken off the school roll for legitimate reasons, such as if they have moved out of the area or because their parents have independently chosen to home educate them. However, there are children who are made to leave their school and are removed from the school roll without a formal permanent exclusion or by the school encouraging the parents to remove their child from the school, which is done in the school’s interests, and at the school’s request. This practice is referred to from here onwards as ‘off-rolling’.”

In Scotland, guidance states that consideration of a host or managed move should include careful assessment and planning. This should involve both schools, the parents and child or young person, and any other agencies to determine whether it’s the best course of action for the child or young person.
 

School trips and after school clubs

Autistic pupils who’ve been deliberately excluded from a trip can find this very upsetting. Exclusion can generate feelings of isolation, inferiority, injustice and anger.

If schools work with autistic pupils, their parents and other schools, they can learn what reasonable adjustments can be made so autistic pupils can take part in, and benefit from, a trip or activity.

If pupils are excluded from trips and clubs, intentionally or otherwise, parents may have rights to make a claim of disability discrimination.

Further help

If you’re trying to prevent or challenge an exclusion, you can get help from our Education Rights Service.