Exclusion from School
Exclusion from school is the most severe disciplinary sanction available to schools. Whether it is a short-term exclusion only or a permanent exclusion, the effect on the pupil's education can only be detrimental. It is therefore important that exclusion is used only as a last resort.
Even where a pupil is excluded from school, they have a right to education. Scottish Executive guidance says that the education authority have to try and provide an equivalent education at home or elsewhere. This may take the form of homework, home tuition or other tutorial sessions. The Govan Law Centre has taken legal action against education authorities who have failed to provide adequate alternative education for excluded pupils.
There are only two circumstances in which an exclusion from school is permitted in law:
- where a pupil's parent(s) have broken school rules, or allowed or encouraged their children to do so; or
- where the pupil's continued attendance at school is likely to be seriously detrimental to order and discipline at the school or the educational well-being of the pupils there.
It may be possible for parents or older pupils (12+) to challenge a decision to exclude from school:
- if an exclusion is not justified (i.e. is unreasonable), it may be overturned on appeal to the education appeal committee or, thereafter, to the Sheriff Court;
- if an exclusion is related to a pupil's disability, it may be challenged under the Disability Discrimination Act 1995;
- if an exclusion is made on racial grounds (directly or indirectly), it may be challenged under the Race Relations Act 1976.
Exclusion Leaflets for Children and Young People
Help! I've been excluded PDF (80kb)
Help! I've been excluded (Chinese) PDF (155kb)
Help! I've been excluded (Punjabi) PDF (127kb)
Help! I've been excluded (Audio) RealMedia (234kb)
Help! I've been excluded (Audio) RealMedia (442kb)