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Can a child asked to leave 6th form in private school for poor academic performance

113 replies

Oxfordplus · 27/08/2023 21:11

Hi. Just what the title said. I've researched this online and is seems that once a child has been offered a place in 6th form they can't be asked to leave if it is due to poor academic performance - it is against the law. They can be asked to leave for poor behaviour but not academic results. Does this apply to private schools though> I've spoken to someone who says that private schools are a law unto themselves and can do what they like. Am very interested to know the legalities of this as my DS has been threatened with being asked to leave if he doesn't do very well in his first set of exams (October/November). I've also found out that boys that did less well than him in their GCSEs have not been given this threat (they have siblings at the school though so the school is probably trying to stay on the right side of those families).

OP posts:
Gliomes · 29/08/2023 00:56

PatriciaHolm · 28/08/2023 21:15

The exception to the rule, which I should have noted earlier, is 16-19 only colleges. It applies to all state schools with 6th forms, maintained or academies.

If the institution is a stand alone 16-19 sixth form college, it does not come under the schools legislation, and then I believe they can have different rules on requiring students to meet certain criteria to progress from Year 12-13.

A sixth form in a 11-19 maintained school or academy cannot.

That's interesting. My daughter's school finishes at 16 and they have been reassured that they have places secured at sixth form college even if they don't get the grades. Something about the school and particular colleges being linked. How that would work in practice I'm not sure, but it would seem very unfair if these students lose the protection on offer to others, just because their school does not offer A Levels and they are "forced" to go to college.

Whether it's just hot air, I don't know.

WobblyLondoner · 28/08/2023 22:12

PatriciaHolm · 28/08/2023 21:16

So @WobblyLondoner 's son may be correct, if his friends attend a sixth form only institution.

Ah thanks, helpful to know.

Hercisback · 28/08/2023 21:22

Whilst it may be technically "illegal", if you find yourself having these types of conversations with a sixth form, ponder why they are saying it. Because in many cases, a re start elsewhere or a more appropriate course is better than 3 U grades at A level. We have conversations with parents at the end of Y12 giving realistic expectations for Y13 attainment. Some choose to take another path at that point whilst they can still access state funding.

Neverseenbefore · 28/08/2023 21:20

PatriciaHolm · 28/08/2023 21:16

So @WobblyLondoner 's son may be correct, if his friends attend a sixth form only institution.

Ah, yes, I think you’re right. A separate sixth form college is different.

PatriciaHolm · 28/08/2023 21:16

So @WobblyLondoner 's son may be correct, if his friends attend a sixth form only institution.

PatriciaHolm · 28/08/2023 21:15

The exception to the rule, which I should have noted earlier, is 16-19 only colleges. It applies to all state schools with 6th forms, maintained or academies.

If the institution is a stand alone 16-19 sixth form college, it does not come under the schools legislation, and then I believe they can have different rules on requiring students to meet certain criteria to progress from Year 12-13.

A sixth form in a 11-19 maintained school or academy cannot.

MarchingFrogs · 28/08/2023 20:53

For those saying that their local state secondary school still actually permanently excludes those not achieving certain grades in their year 12 exams, here is the relevant guidance:

https://assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_data/file/1101498/Suspension_and_Permanent_Exclusion_from_maintained_schools__academies_and_pupil_referral_units_in_England__including_pupil_movement.pdf

19. Any exclusion of a pupil, even for short periods, must be formally recorded. It would also be unlawful to exclude a pupil simply because they have SEN or a disability that the school feels it is unable to meet, or for a reason such as: academic attainment/ability; or the failure of a pupil to meet specific conditions before they are reinstated, such as to attend a reintegration meeting.18 If any of these unlawful exclusions are carried out and lead to the deletion of a pupil’s name from the register, this is known as ‘off-rolling’. An informal or unofficial exclusion, such as sending a pupil home ‘to cool off’, is unlawful when it does not follow the formal school exclusion process and regardless of whether it occurs with the agreement of parents.

(not allowing a pupil, who has been on roll in year 11 and taken their GCSEs at the school, to enter year 12, because they have not met the conditions of the admissions policy - which must comply with by yhe Admissipns Code - is not an exclusion, as year 12 maks a separate formal point of entry, even where the sixth form is run entirely as part of the school and not .g. in separate buildings).

Adobe Acrobat

https://acrobat.adobe.com/link/review?uri=urn%3Aaaid%3Ascds%3AUS%3Abf5447a8-82a2-325f-8841-de331c14a9c2

Neverseenbefore · 28/08/2023 20:39

WobblyLondoner · 28/08/2023 19:40

@Neverseenbefore My DS has some friends who, according to him, will be asked to leave if they don't get a certain grade in their year 12 resits - you're saying that is not legal? It's a very (ie high grades required for entry) selective state 6 form college.

I was surprised to hear this as, among other things, they'd be trying to find another school mid academic year - which seems harsh.

Yes, it’s unlawful. There are stories about schools trying to do it, though.
https://schoolsweek.co.uk/students-unlawfully-kicked-out-after-missing-minimum-grades/

Students 'unlawfully' kicked out after missing 'minimum' grades

A school in north London “unlawfully” booted out sixth-formers halfway through their A-levels because they didn't achieve high enough grades. Three parents have told Schools Week their children were left devastated by the “horrifying” and “appalling” d...

https://schoolsweek.co.uk/students-unlawfully-kicked-out-after-missing-minimum-grades/

EBearhug · 28/08/2023 19:50

If I were paying £15K a term, as some of the top private schools do, I would have an expectation that they're getting 97% 9s/8s as the school a friend works at just got. But I would also expect to have more care and involvement from the school if my child were in the 3%, but some schools are better than others at learning support.

grass321 · 28/08/2023 19:43

My kids are at a selective private school. There's no entry criteria for sixth form in terms of grades (which is unusual amongst our peers).

But they manage kids out who they feel are disruptive or putting in little to no effort. They're told at the beginning of year 11. It's not necessarily the less academic kids, it's often the more able ones who aren't doing the necessary work. No exceptions, even for the uber sporty or musical kids.

WobblyLondoner · 28/08/2023 19:40

@Neverseenbefore My DS has some friends who, according to him, will be asked to leave if they don't get a certain grade in their year 12 resits - you're saying that is not legal? It's a very (ie high grades required for entry) selective state 6 form college.

I was surprised to hear this as, among other things, they'd be trying to find another school mid academic year - which seems harsh.

Themosswidow · 28/08/2023 19:26

And this is why private schools get such good results. They select for the most academic children and kick out those not meeting expectations.

Talk about gaming the system!

RampantIvy · 28/08/2023 19:24

JohnNolan · 28/08/2023 18:19

Both my DC attend a state 6th form. If they don't get at least a D in their end of L6 exams, they arent able to continue into the U6. I think this is fair as it is really clear explained when you join & it gives them a whole year to get to the D grade.

It has reasonably strict criteria for gcses to get in (at least 5 gcses grade 5 or above with specific grades in certain subjects ie you need a grade 7 in maths gcse to do maths at A level).

I imagine this is also possible at a private 6th form too.

DD's 6th form was the same. They don't ask them to leave, but advise that other options might be better suited to them.

Delphigirl · 28/08/2023 19:16

Oxfordplus · 27/08/2023 21:41

They're keeping on boys who did less well in their GCSEs with no threats relating to performance.

They are probably at least trying though

Neverseenbefore · 28/08/2023 18:31

JohnNolan · 28/08/2023 18:19

Both my DC attend a state 6th form. If they don't get at least a D in their end of L6 exams, they arent able to continue into the U6. I think this is fair as it is really clear explained when you join & it gives them a whole year to get to the D grade.

It has reasonably strict criteria for gcses to get in (at least 5 gcses grade 5 or above with specific grades in certain subjects ie you need a grade 7 in maths gcse to do maths at A level).

I imagine this is also possible at a private 6th form too.

That is against the law for a state school. Schools can select on admission to sixth form, but not once they are already in sixth form.

“In sixth form (Years 12 and 13) a student can, as in other years, be excluded for bad behaviour. They cannot be asked to leave because of poor exam results or for academic reasons (or poor attendance).”

JohnNolan · 28/08/2023 18:19

Both my DC attend a state 6th form. If they don't get at least a D in their end of L6 exams, they arent able to continue into the U6. I think this is fair as it is really clear explained when you join & it gives them a whole year to get to the D grade.

It has reasonably strict criteria for gcses to get in (at least 5 gcses grade 5 or above with specific grades in certain subjects ie you need a grade 7 in maths gcse to do maths at A level).

I imagine this is also possible at a private 6th form too.

Postapocalypticcowgirl · 28/08/2023 18:04

How do you know other students have not been told the same? Presumably these conversations have happened in private, and students may not necessarily admit to them?

MarchingFrogs · 28/08/2023 17:50

Neverseenbefore · 28/08/2023 12:59

Grammar schools can’t ask you to leave for academic reasons midway through. No state schools can.

Quite - a lot of hastily reworded sixth form brochures five / six years agoShock

Neverseenbefore · 28/08/2023 12:59

BoohooWoohoo · 28/08/2023 10:52

Private schools and grammar schools ask students to leave if their grades are not up to scratch because they don't want their stats pulled down and fewer applicants in future. It's not illegal

Grammar schools can’t ask you to leave for academic reasons midway through. No state schools can.

SabrinaThwaite · 28/08/2023 12:33

On your other thread you said that he only really worked hard for a month before the exams. If he is picking up new subjects it does sound as if the school are unsure of whether he will really apply himself and work hard enough to cope - it can be a big step up to A levels.

I have heard from friends with children at independent schools that they can be asked to “consider other options” if the school believes that the child isn’t applying themself to the best of their abilities and will therefore struggle with exams.

I’d suggest that you have a meeting with the school and find out exactly what is required so that you, school and your DS know exactly what is expected.

Motheranddaughter · 28/08/2023 11:53

A few DC in my DCs school in Scotland left after 5th year to go to college and then went on to Uni
’Good ‘ school in leafy suburb ,but only really cared about the smart kids 🤷‍♀️

CrossStitchX · 28/08/2023 11:09

No, it’s not all colleges in Scotland either. The kids who leave school for college at 16 are those wishing to take the vocational route - plumbing, hairdressing etc. children wishing to continue in education stay at school. The same school. Children going to college to study for university entrance level qualifications is just not a thing.

BoohooWoohoo · 28/08/2023 10:52

Private schools and grammar schools ask students to leave if their grades are not up to scratch because they don't want their stats pulled down and fewer applicants in future. It's not illegal

PanelChair · 28/08/2023 10:50

PatriciaHolm · 27/08/2023 21:42

The school contract should lay out the circumstances under which a pupil can be asked to leave. Poor academic performance can be one of those. So yes, he could be asked to leave if he doesn't meet the required standards.

A state school (UK) cannot ask a pupil to leave on academic (or attendance) grounds.

Exactly this, although I would add that a state school cannot lawfully ask a pupil to leave on academic grounds. I have seen it happen quite recently.

OP mentions that the pupil has good GCSE grades, but the threat related to future performance in exams, not past performance in GCSEs. Is the school concerned about his attitude or his application to his studies?

JanglyBeads · 28/08/2023 10:01

OK @CrossStitchX of course you're right (although didn't realise about sixth form. Is it all colleges?).

So what are these GCSEs - iGCSEs, or the Welsh system?

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