Can a school replace a permanent exclusion with a managed move?

[Anthisan2012]

My son has just been permanently excluded from secondary school, the school and local authority are trying to force me into a managed move where they will remove the exclusion. Are they allowed to do this?

The headteacher can decide to rescind the permanent exclusion if they choose to do so. The head is the only person who can do this, not the local authority. I’ve known a number of instances where this has happened when a managed move has been arranged as an alternative to permanent exclusion. However it carries a risk to the school because students will usually be on dual roll for a three month period and if the managed move breaks down, the student would be returned to their original school and will then almost certainly be permanently excluded.

In a managed move the new school could turn around and say no, it's not working out, we can't meet need. Then he'd be back to the old school. If there's not the right provision in place then this outcome seems likely.

The pex was due to a one off incident and I really struggle to see how the school are trying to do what is best for my child. I will be making representations at a panel and I truly think the school will struggle to get the exclusion through and therefore I think the managed move is more about them and the local authority compared to what is best for my son.

it is a full transition he would be off the roll of his old school

They have said that they will only rescind the exclusion if I agree to the permanent enrolment at the new school.

They can’t force you. But that could lead to PEX so depends on how strong your case is

If you're going to appeal, study the behaviour policy very carefully. IME (I have been part of many appeal panels) you're far more likely to "win" on a technicality, by arguing the policy wasn't correctly applied, than you are by arguing what he did wasn't all that bad.

You can make your case that it was due to his needs not being met, but they will have records of all the ways they tried. You'll need to be prepared to hear DS didn't engage, which "proves" they are not the right setting for him.

You also need to be clear what you want as an outcome. Do you want him to go back to the original school?

He is 13 - he had a lot of documented special needs. You are wrong to assume he is a handful - and this type of attitude is incredibly unhelpful. There are two issues - one that a one off incident has led to a pex and the other that he was struggling massively academically (not behaviourally) before the incident.

If they have issued a PEX then they aren't off rolling. The managed move is being discussed as a possibility to then enable the current school to rescind the PEX.
If you don't accept the managed move, then they will continue with the PEX process and place your son in whatever your local authority uses for PEX students after the 6th day (some call it alternative provision, some pupil referral, some whatever name they've decided) from which you would then need to apply for a new school (you cannot return to the old school once a PEX has been upheld)
His current school are trying to assist you because without a managed move he'll be placed in PRU after 6 days and the PEX will be on his record. For some students they work very well, for others they don't.
If you want the PEX process to continue in the hope that it won't be upheld, please understand that their evidence has to be strong (quite easy if he's been in a fight as it's classed as a 'one off' incident and they don't have to prove behaviour issues etc). If the PEX isn't upheld , then they have to reinstate your son to the original school.
So, it boils down to how confident you are that your son didn't get in a fight. That's it.
You can follow the process through, but must understand that if they uphold the PEX then he won't be returning to his current school anyway.
When you're talking about not coping in mainstream, is he currently being assessed or does he already have an EHCP? That's a slightly different process and means that you would need an urgent review of his EHCP alongside the PEX process.
Contact the fair access team at your local authority as they will have assigned an offer to the PEX process and should be able to talk you though the options you're being given.

In that case it would be a managed transfer not a managed move.

You would like alternative provision for him. It would help if you stated his needs and struggles.

If the schools current interventions and support aren’t working, and he’s been in a fight which will is leading to a PEX or managed move then this isn’t the right school for him. The evidence for the PEX would be all the other incidences and issues and the fight being the last straw in terms of the view of the school.

It may be a fresh start - you can accept the managed move on the basis that the new school provides the provisions that he had in his previous school and more to support a successful move.

If he doesn’t have an EHCP then specialist provision won’t be accessible for him. If you want him to go to a PRU, it’s a short term fix and they’ll want to move him to a mainstream. If they see that a specialist is what’s needed then he would need the EHCP.

That's a Dual registration offsite direction. A managed move is Single registration and permanent.

The head could offsite direct indefinitely on the basis of student safety with only the attendance data affecting them.

A MM gives him a new school with the requirement to address his needs. A PEX leaves him potentially in limbo with the LA not finding him a place anywhere, whether it's at a school or Alternative Provision - or just allocating him via FAP to the same school (your consent isn't needed for that and if he doesn't attend, you could be referred for Penalty Notices or School Attendance orders).

Out of all the things there, the MM is the one that is more likely to guarantee secure education and a chance of his needs being met. They could also arrange for Dual registration with an AP so that he has additional intervention that could go towards meeting his needs.

We are in the process of applying for the ehcp. There are no other incidents at all - literally just this one. I have asked if his current provisions can be put in place at the new school but was told no he would need to be assessed by them for 2 months before anything was put in place.

It's a fresh start grab it with open arms

Was it the new school that stated that he would 2 months of assessments before provision was put in place? This is where you can get the support of the current HT and get them to work with the new school to put the provision in place.

Has the EHCNA been submitted? If not don’t wait for any of the schools. Submit one yourself tonight.
The PEX / managed move etc is all evidence for the application.

Much depends on how old your son is and where he is in terms of GCSE courses. Generally, a managed move is an attempt to avoid a permanent exclusion before it gets to that stage. Were there incidents prior to the fight, so it was regarded as the last straw?

If he was having support in school, the new school should certainly be made aware, so that it can be put in place. You can request an EHCNA, but it isn’t a speedy process.

I would want to be able to meet staff at the proposed school, so that support is ready from the outset. How does your son feel about everything.

You say he will miss out on what the school has in place to help him then you say they havr failed him. A bit contradictory? Why woukd you want him to stay somewhere that has failed him?

No it’s the exclusion officer that has told me that.

The school should put in place support without needing to wait 2 months.

When you say you are in the process of applying for an EHCP, has an EHCNA request actually been submitted?

out of the two options of moving him to a school where he is going to suffer vs a Pru

Do you know for certain DS will attend a PRU if he doesn’t have the managed move? Not all pupils who have been permanently excluded will attend a PRU.

If they have issued a PEX then they aren't off rolling.

An ultimatum of agree to a managed move and we will rescind the permanent exclusion or don’t agree to the managed move we will uphold the permanent exclusion would fall very close to one example of off-rolling in the updated suspension and exclusion guidance coming into force later this term.
“Further examples of off-rolling include:
exercising undue influence over a parent to remove their child from the school
under the threat of a permanent exclusion and encouraging them to choose
Elective Home Education or another school place”

Many PRUs have waiting lists at the moment.

The most likely outcome of a permanent exclusion is that the LA become responsible for his education and provide maths and English tutoring either in person or via zoom.

Because they have only just put this in place following a formal complaint due to no send reviews for 3 years, removing him from the Sen register without any review or discussion with his parents, for not allowing him to have his resources etc and not following learning specialist or educational psychologist recommendations and it has taken a long time with a lot of tears and frustration for this to finally be put in place, hence my reluctance that a new school will be the best option when I cannot make an agreement to have these things in place from the start

Are you in England?

Most schools try and do a managed move over exclusion as it’s seen as better for the young person.

Are you sure you want a PRU?
For most parents this would not be a good idea.

Fight for the EHCP which will allow him to attend a SEN school.

I don’t want to tell you what to do, as you know your child better than anyone else and I am anti-exclusion as I think it can make things much worse.
But if it was me, I would accept the managed move and give it a go, whilst in the meantime fight for a PRU or EHCP.
However, if it doesn’t work out at the new school then remove him and refuse for him to attend.
If he’s registered with a school they have a responsibility to provide education and you’ll have a much better chance of having his needs met, than if he was excluded completely.

Other posters may have better advice but this is what I’ve seen happen with many parents I’ve worked with and so it’s worth looking into.

Thank you for this - and this is exactly why it feels as though it is off rolling. When the SLT called me to offer the move - she was saying how the pru would be awful, how he would be badly influenced there etc etc and basically the options are agree to the move and they will rescind the pex or don’t and the pex will stand.

@Anthisan2012 here are the facts for you.
The headteacher can reverse the permanent exclusion before the Governor's meeting held to review the decision if an alternative is agreed (such as a managed move).
If it goes to the governors they might not uphold the decision (quite rare). If they do you can appeal to an independent panel but that takes a few weeks. They might tell the governors to review their decision, quash the exclusion (although no guarantee of child returning to the school) or uphold it.
You won't be able to get a managed move to alternative provision.
Managed move to another school depends on another school agreeing. If that breaks down they are likely to PEX.
Most LAs place excluded pupils at alternative provision (often PRUs) for a period before a new school is found. It's possible this could be a specialist provision if needs are high enough. Likely to be a wait at both stages.
Hope that helps you decide. Difficult to say more on the basis of one side of the story. Schools can't exclude for no reason.