Exclusion from School
Scottish Executive statistics on exclusions from school reveal that, in secondary schools, children with special needs are three times more likely to be excluded than pupils without such needs. Children who are looked after by the local authority are five times more likely to be excluded. Therefore, it is likely that pupils with additional support needs are more likely to be excluded from school than pupils without.
There are only two grounds on which a pupil may be excluded from school:
- where the parent (or, as the case may be) young person is refusing or failing to follow school rules, regulations or disciplinary requirements; or
- where the pupil’s continued attendance at school is likely to be seriously detrimental to order and discipline at school or the educational well-being of the pupils there.
Even while a child is excluded from school, the duties to educate that child continue. There is a duty on parents to educate their children and (in most cases) to send their child to school, unless there is a reasonable excuse for non-attendance (such as illness). An exclusion from school will not usually be regarded in law as a reasonable excuse for non-attendance and could lead to criminal prosecution of the parent(s) or a referral to the Children's Hearing.
Where a pupil is excluded from school (even temporarily), the education authority which took the decision to exclude must - without undue delay - provide alternative education. This can be done by sending the child to another school or providing education by other means (e.g. home tuition or homework). This duty arises immediately upon exclusion. A failure to comply with this duty can lead to the case being referred to the Scottish Ministers. It may also amount in some circumstances to a breach of the pupil's human rights, for which damages may be payable.
There is a parental right of appeal against an exclusion from school. This right transfers to the pupil at age 16. Children, once they have an understanding of what it means to do so, can also appeal against an exclusion. A child over the age of 12 is presumed to have this right of appeal. Appeals are made by written reference to the education appeal committee. There is a further right of appeal to the Sheriff Court if the first appeal is unsuccesful. In either case, the appeal will only suceed if the authority cannot show that their decision to exclude was justified, or reasonable.
The effect of successful appeal is threefold:
- the pupil may return to the school from which they were excluded (if this has not already taken place);
- the absences occasioned by the exclusion ought to be recorded as "authorised absences"; and
- the pupil's educational records must be amended to reflect the outcome of the appeal and the fact of the exclusion may not be disclosed to any 3rd party.