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Appealing against Permanent Exclusion

135 replies

McTemp · 07/07/2011 15:16

Would love to pick some brains out there! A friend of mine has a daughter in Year 8 who has just been permanently excluded, and this exclusion has been upheld by the Governing body. Parents want to appeal this decision.

The reason given for the exclusion was "persistent distruptive behaviour", and they outlined a number of examples of this.

While parent doesn't dispute most of these took place, it is clear that this is a very high achieving school, and her daughter struggles academically (School Action Plus for dyslexia), and I think the school are keen to get rid of the child, as her grades affect their results.

The child in question is also deaf in one ear, and parents would like to appeal because they don't believe their daughters disabilities have been taken into account. The decision letter states:

"staff received training how to deal with deafness on an annual basis, but accepted that perhaps not all teachers were aware of X's hearing loss."

Parents believe that the child's misbehaviour in class arose because of her disability as it was likely that she couldn?t hear instructions given to her and was placed in the back of the class when she should have been at the front.

Has anyone got advice about what the exclusion appeal process is like, and what sort of things parents might need to prove?

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marriedinwhite · 14/07/2011 23:14

Unfortunately I'm the mother of a child who has self harmed as a result of becoming fearful about going to school because of the behaviour of a small minority towards the other children in Y7 and Y8 - little things like flicking a lighter at hair, following home and taunting. She has also got upset because of the constant disruption to lessons and rudeness to teachers who try hard but nothing they do works so they give up. She goes to a lovely high achieving school which is heavily oversubscribed. There is a small minority who intimidate, disrupt and are utterly dysfunctional. One such child disrupts the other 29 and tends to ring lead a little gang. I cannot believe this thread and the level of support for those intent on destroying the educational experiences of others. Why should schools have to jump through a thousand hoops to exclude a little brat who is rude, breaks noses and attempts to damage property (so what no one was in the garden and no one got hurt, they may have been and it may have your child hit in the head with a stone). Disgraceful and antisocial behaviour which is a discredit to any school. For the sake of the education of the other children I hope the exclusion is upheld. Why does a child have the right to exert violence because she's deaf in one ear or a traveller. Should Travelling children not behave and be allowed to operate to a diffent set of rules within a school than all the other children. That's rather like saying the wealthy child should be able to get away with a bit more because mum and dad donate so much to the PYA. In the same way I think the three/four brats and their ring leader at my daughter's school should have been out within a term. They have a super opportunity, they cannot behave, they disregard and disrespect all those around them and have lost the right to remain in a fantastic little school with a brilliant reputation which they can only tarnish. They have no right to scare other children or disrupt their education. Two years is a long lead in to ruin the experiences of others.

hangon · 14/07/2011 21:59

Well I work in a school, in my experience once a child has got a bad name and does not quite fit they do their best to get them out. How come some schools exclude loads of pupils where other schools only exclude about four a year.

I think mctemp you are really good to support this family so many people ignore it. Well done you I wish I had spoken up in the past but I find school staff stick together.

Maypole do not get too smug it could be your child one day.

maypole1 · 14/07/2011 21:41

So could it be they did give her many chance but THEY didn't understand personally I think your over stepping the Mark.

And as you seem to be so involved makes me wonder why you didn't read them the kittens they were sent

Any who like the other poster have said seems she cannot meet the schools high standards they only reason for this girl staying in the school is to disrupt others

The only thing to try as you put it is the parents teaching heir child right form wrong

admission · 14/07/2011 16:37

I would agree with Crystal and Yellowstone that such behaviour is unacceptable and all schools would be better off with out it.

However the simple fact is that the school has to abide by the guidance relating to exclusions and as McTemp has pointed out there is a litancy of issues that the school have failed on. If any school carries out through on the guidance correctly or even makes a few mistakes no pupils who had been permanently excluded would be returned to the school.

McTemp · 14/07/2011 15:34

Crystal - the point of pursuing this is because (IMO) the school has acted wrongly. Regardless of her behaviour, the school has made a category of errors and not followed their own policy; inlcuding

  1. Leaving a struggling deaf child at the back of a class, and not adapting the teaching to meet her needs
  2. Not putting in place a PSP when problems started to arise
  3. Making agreements with the LEA to put support in place to support the girl, then excluding her before they put these supports in place.
  4. Jumping from one 2day fixed term exclusion to a permanent one
  5. Changing the initial exclusion from fixed term to permanent without informing parents why, and doing it by letter.
  6. Telling the child's class she has been permanently excluded before they even wrote to the parents to notify them of it - the girl really thought she was coming back, and found out by her friends writing on facebook that it was permanent.

Its a category of errors on the part of the school, and its very clear to me that they thought they could get away with these errors because the parents are uneducated and can't fight the system. The LEA's legal team is clerking the appeal - all of them have said to me they hope she is successful and the school is not allowed to get away with such shocking treatment. Regardless of what the girl did, she is being treated differently because she is a traveller, and that is discrimination.

Yellowstone Yes, I worry I'm crossing boundaries by getting involved. But I can't stand by and watch such blatant discrimation against a friend.

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Yellowstone · 14/07/2011 14:12

Butterbur that's very reassuring. DD3 has been deaf in one ear from birth. Stupidly, I managed not to pick up on the problem until she was twelve (the Health Visitor having waved her through the test she had as a baby). She adapted without any outside intervention, has never asked for special consideration at any stage and has achieved very highly. The school were made aware of her situation when she was properly diagnosed but felt no support was needed because she'd adapted so well as a child.

She never disrupted a class or abused teachers or punched another child in the face, either before or after diagnosis. She refuses to be labelled 'disabled'.

OP aren't you crossing boundaries getting involved, albeit behind the scenes?

CrystalChandelier · 14/07/2011 12:39

This "she's/he's no angel" line seems to be trotted out regularly as a smokescreen for unacceptable behaviour and total disregard for others.

Perhaps her parents might be better off concluding this high-achieving school is not the right place for a very disruptive girl that struggles with the standards expected. She's clearly not in the right place for her abilities and she's pushed the limits of acceptable behaviour to the point where the school don't want her - not to mention disrupted her classmates' education - so what on earth is the point of pursuing this?

maypole1 · 13/07/2011 22:35

Lies lies and more lies first the school were picking on here because she is deaf in one ear then its because shes a traveller now she was a angle at primary I d don't believe a word of it or you post would of simply read this child was really good at her old school now shes done a 180 and I am not sure why

But you pushed off with their picking on her because shes deaf in one ear the long and short is shes not behaving so I say get her put if its got so far the teachers won't have her and the governors are agreed then I bet my house she is as they say, and to say well its because their becoming a academy they have expelled four other students you are not privy to what they have done or how long the school have been working to them and their families unless they are all deaf and travellers to

As a parent I don't want disruptive children in my chikds lass and I don't care the reason

I hope she dosent win the apeal for the sake of other chidren like my son that have to put up with disruptive children on a daily basis

admission · 13/07/2011 21:56

Very easily, because the family themselves may well not be advertising the fact that they are of the Traveller community. So it will rather depend on whether the family can show that they have told the school that they are Travellers or that their attendance record speaks for itself in showing they are travelling.
It is actually not unknown for there to be an upturn of permanent exclusions at this time of year for "persistent disruptive behaviour". The official version is that schools try to keep the pupils in school but there is a point where it just gets to much and something is the final straw. Of course there is the other version which is as you suggest attempting to remove pupils who they would rather not have in the school the next year. I have no doubt that both scenarios exist.

McTemp · 13/07/2011 12:57

Many Thanks for all of your help.

It seems this school is due to become an academy in September, and so has permanently excluded FOUR children in the last month! They only had two exclusions for the whole of the last academic year, so four in a month is very extreme! It appears that once the school is an academy, they will have to "buy back" services from the LEA such as the Pupil Referral Unit etc, so IMO the school is excluding anyone they perceive may be a future problem, so they won't have to 'pay out' for a PRU place for them in the future.

Unfortunately I can't attend the appeal with the parents - I work in a partnership service with the school (think CAHMS etc), and I feel it would hugely detrimental to my role if the school knew I was helping; I have the Head's trust and confidence in my current role, and if I turned up at the appeal to present the case, I think she would put in a complaint to my manager. I have a lot of access to the previous exclusions from the school and the steps the school have taken in the past before excluding, and I worry I will be accused of disclosing information to parents about other cases(I haven't) or having a conflict of interest.

The parents are generally averse to outside help, so I have written a submission for them to take to the appeal, but they won't contact ACE themselves, although I have had a look at all the relevant things I think they should know and have tried to inform them.

Also, the school have her ethnicity as "White Irish" not "Irish Traveller" on their system (again, I know this from my current role, it has not been disclosed to me by the school)- is it possible they could deny they are aware she is a settled traveller?

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admission · 10/07/2011 17:49

You need some advice and fast.
From you various posts I would say this exclusion is not justified. Firstly because the school seems to have taken some very large jumps to PE, very quickly. Secondly they have clearly not exhausted all means of helping this pupil and the fact that the LA was involved in putting more support in just confirms this. There is the issue of this being a Traveller, they should have been receiving a degree of help and support and actually there are precious few traveller girls who go to High School. I also have some concern about the way that the 5 day exclusion became a permanent exclusion. This can be done but there is a specified way and just sending a letter is not one of them!
Please contact ACE or the local parent partnership or pm me because this sounds like one of those very occaisonal cases where the school are actually doing this for all the wrong reasons. Though I have to say that the parents of this pupil are being remarkably placid about it, most Traveller parents would simply have withdrawn their daughter when she hit the other pupil because they are very protective of their daughters.

youarekidding · 08/07/2011 22:15

oak has said what I wanted to but couldn't word as eloquently. It's Sad but there are stereotypes surrounding traveller families (even settled ones) and it is an offence to let these cloud judgement and influence any decisions.

HarlotOTara · 08/07/2011 20:09

McTemp, are you going to be presenting the appeal for the parents? There is a whole procedure that needs to be followed for the original permanent exclusion and it sounds like this hasn't been followed. There are all sorts of options that can be followed. I am assuming there is no statement or anything in place for the girl, is she on the SN register at the school?

However as Oakmaiden has said if the relationship with the school is so bad then she may be better off elsewhere when the dust has settled.

Oakmaiden · 08/07/2011 18:39

Sadly, I think the fact this is a traveller family has unfairly influenced the course of this whole thing - firstly because the parents themselves are not highly educated in the sense society normally considers education, and it is highly likely they themselves had issues with or anxieties about school as an institution.

Added to which, research shows that traveller children, even settled, are far more likely to be excluded from school than most other groups of children for identical incidences. Do you know which traveller group they belong to? Since many groups actually have a legal ethnic identity and discrimination against this child on the grounds of her ethnicity would be covered by the Race Relations Act (or similar).

I think the lack of communication between the school and parents, and the lack of effort on the part of the school to provide parents with information in a form which is accessible to them, is really key here. I am fairly sure this could be demonstrated to be a major contributory factor to the failure to tackle the child's behaviour. These people might be able to help this angle: www.gypsy-traveller.org/about-fft/advice-information-unit/

It also doesn't sound at all as though the school has followed any sort of sensible policy or procedure here.

That said - I wonder if a new start in a different school would be best - if the child has been excluded from the local school and would need to travel to access another school, would the LEA not have to provide transport?

McTemp · 08/07/2011 18:25

Butterbur I havn't said it an excuse for her bad behaviour. I have said that the fact the school were informed about it (repeatedly) and yet made no adjustments to her education is negligent. A child who has both significant learning needs, deafness, and is a traveller obviously needs extra support in school than your average child, yet this girl was not given it. She gets sent out of lessons for talking in class etc, yet if she is made to sit at the back (despite the school knowing she should sit at the front) then no wonder she doesn't pay attention and gets distracted!

Regardless of the girl's actions, there is little doubt in my mind that the school was wrong to exclude her. I just hope the appeals panel feels the same way.

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Butterbur · 08/07/2011 18:16

I am completely deaf in one ear, and always have been. It's not a significant disability. My parents never paid any attention to it, nor was I ever excused any piece of bad behaviour because of it. I feel sorry for other deaf-in-one-ear adults I have met who have been brought up to think they are labouring under a handicap, and have under achieved because of it.

ontheroadagain · 08/07/2011 18:12

A school cant permantely exclude a pupil unless it is a very serious offence. Thats why they have fixed term exculsions. If a pupil has several fixed term exclusions amounting to 45 days or more they can then be permantely excluded.

McTemp · 08/07/2011 18:12

The previous 2day fixed term exclusion was for "physical assault on pupil". She punched a boy in the face (outside of school). She said the boy had been hassling her for ages and followed her home (he lived in the opposite direction) and tried to lift her skirt up, so she punched him, and broke his nose. She got a 2day fixed term exclusion, he got nothing, despite the fact he couldn't explain why he was walking home in the opposite direction, and that her sister went into the school and showed the school texts the girl has received from the boy, him texting to say "meet me, i want to see your body" and things like that. The school said you can't appeal against a fixed term exclusion, but that it would only be for two days, and then nothing more was said about it.

The school doesn't go into detail what they mean by "defiance and abuse of staff" but I did see on the girls fb page that someone had written a while back along the lines of "omg did you call Mr X a retard?" so i imagine its that sort of thing. It needs consequences and discipline, obviously, but not perm.exclusion IMO.

No assesment by Ed Psych or anything, the school said they "wanted" to refer but parents were reluctant. Parents deny ever speaking to the school about this at all, and said they would have been very Pro it, if it had of ever been suggested to them. No idea about other strategies the school may have put in place (report card etc), I've asked for her school file and will probably post again when I see what comes out of that.

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HarlotOTara · 08/07/2011 17:01

But if the student has only had one fixed term exclusion (for what) and then is excluded for truanting and throwing stones that really doesn't seem enough. What is the defiance and abuse of staff? I have loads of stuff here I didn't realise I had regarding exclusions Blush and from what I have read it doesn't look like the school have done enough going on what you have said. The headteacher should have rung the parents as well as sending a letter regarding both exclusions. Do you know what other strategies were used for behaviour (if any). Had the student been on report (report card filled in each day by teachers about behaviour etc.), internal exclusions, assessment by Ed psych or use of nurture groups, counselling etc.

I am feeling rather annoyed about this - is there prejudice against travelling families - even static ones?

McTemp · 08/07/2011 16:45

Bahviour policy is on the schools website - it says one of the reasons for exclusion can be "Repeated incidents at a lower level where there has been a failure to respond to support or other sanctions"
The 'repeated incidents' the school makes reference to on the decision letter is "defiance and abuse of staff, failure to follow instructions and attempted damage to neighbouring property". I'm sure this is all probably true (failure to follow instructions and defiance of staff can easily be atributed to hearing loss) - but I also want to argue that the 'support and other sanctions' they have put in place is grossly insufficient to then exclude. The governing body have already met and upheld the appeal, so the parents are appealing to an independant panel - they lodged the appeal yesterday, so it will be heard shortly I suppose.

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HarlotOTara · 08/07/2011 16:39

Out of curiosity I have looked up exclusions in 'A Guide to the Law for School Governors' . If the parents are appealing the appeal must be heard 'no later than the 15th school day after the day on which his or her appeal was lodged'.

The manual also says 'Exclusion should only be used in response to serious breaches of a school's discipline policy and only after a range of alternative strategies to resolve the pupil's disciplinary problems have been tried and proven ro have failed; and where allowing the pupil to remain in school would be seriously detrimental to the education and welfare of other pupils and staff, or of the pupil himself or herself.'

Be interested to know what was in the school's disciplinary policy! You can ask to see that or it may be on the school's website.

HarlotOTara · 08/07/2011 16:28

Well if the schools I work in (not governor at) excluded all the kids who truant lessons there would be very few left! I really don't understand why they thought it appropriate to permanently exclude at all. Not sure that would go down well at an appeal - they haven't investigated all avenues open to them have they. A five day exclusion would be for something very serious (not truanting a lesson) but, and I could be wrong, I think you can be given a five day exclusion whilst evidence is gathered for a permanent hearing but the school would need to inform about that. However I could be wrong there.

tethersend · 08/07/2011 16:11

I think the only sieve-like thing here is the school's case, TBH. They have left themselves wide open for challenges.

Good luck.

McTemp · 08/07/2011 16:09

Also (I have the memory of a sieve!) the school initially rang the parents and said it would be a 5day fixed exclusion. They knew nothing about the permanent exclusion until the letter arrived 5 days later saying it would be a permanent exclusion (from the 5th day - not a permanent exclusion from the day of incident, if you see what I mean?).

I'm almost positive the school needs a very good reason (e.g. new evidence has come to light) in order to change from a fixed to a permanent exclusion, whereas I think they gave her a fixed exclusion and they thought "oh, lets just change it to a permanent and get rid of her", which I'm sure they can't do.

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McTemp · 08/07/2011 16:05

From what I can gather (and you have to remember that most of my information is coming from the parents, who really believe their daughter can do no wrong, whereas I'm not quite so gullible naive), their daugter excelled at primary school. I read one of her primary reports, and it really was quite glowing (suprisingly!) and parents reckon the primary school supported her adequately and she flourished, whereas current school does not.

Child was excluded for truanting a lesson and throwing stones over a neighbouring fence into somones garden (no-one in garden, no-one hurt), which although is bad behaviour, certainly doesn't fall into the; arson, theft, weapon and drugs categories that exclusions usually do, and I think school could have dealt with it in another way rather than exclusion, which is what I'd like to argue, ideally.

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