The government has refused to clarify elements of its new exclusion guidance, despite the fact that headteachers, parents and governors have called for greater clarity in a number of areas.

In particular, the Department for Education has refused to state in stronger terms that schools should take into account a child’s special educational needs (SEN) or non-English-speaking background when issuing exclusions.

This spring, the government launched a five-week consultation on its guidance to schools on excluding pupils. It said that it wanted to clarify areas that were causing confusion in the system, rather than change existing policy.

‘An indication of unmet needs’

The results of the consultation, published today, show that respondents felt that there was a greater need for clarity. In particular, some respondents argued that the guidance should state more strongly that schools should take children’s special needs into account before issuing an exclusion.

The DfE stated: “We agree that headteachers should consider a pupil’s SEN when deciding whether to issue an exclusion. Disruptive behaviour can be an indication of unmet needs…

“However, as the guidance already clearly sets this expectation, we are not making any further changes.”

Several respondents also called for the guidance to make it clearer that schools should provide an interpreter for parents who do not speak English as a first language. They also suggested that the guidance itself should be made available in multiple languages.

But the DfE’s response stated: “The guidance already sets out that headteachers should ensure that information provided to parents is clear and understood, so we are not making further changes at this time.”

‘Accuracy and clarity’

And there were calls for greater clarity of the document overall. Some asked for the guidance to be simplified, so that parents could more easily understand it. Others argued that legal terms should be removed.

The DfE stated: “Every attempt has been made to ensure the language is accessible. However, in order to ensure accuracy and clarity, we believe it is necessary to use legal terms in some sections of the document, together with an explanation where necessary.”

It added that it had published a guide for parents and carers, which offered a shorter, more simplified overview of the exclusion process.

The DfE received 339 responses to its consultation. The majority of these - 120 - were on behalf of a school. Sixty-two were on behalf of a local authority and 47 were from parents.

The DfE has said that it has nothing to add to the responses in the consultation document. 

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