The decision to exclude a pupil is made in response to serious breaches of a school behaviour policy and where allowing the pupil to remain in school would seriously harm the education or welfare of the pupil or others in the school.
Only the headteacher or teacher in charge of a pupil referral unit (or, in the absence of the headteacher or teacher in charge, the most senior teacher who is acting in that role) has authority to exclude a pupil from school.
The Department for Children, Schools and Families (DCSF) produces the guidance for the process of exclusion. This guidance confirms that headteachers, teachers in charge of pupil referral units, Governing Bodies, Local Authorities and Independent Appeal Panels must, by law, have regard to the guidance when making and administering decisions on exclusion.
The DCSF issued revised guidance about exclusion in September 2008 and this replaces the September 2007 edition:
Improved Behaviour and Attendance : Guidance on Exclusion from School & Pupil Referral Units
(Ref DCFS 2008 Guidance. This guidance replaces any previous version.)
The main changes to the guidance focus on the responsibility for Schools and Local Authorities to provide full time education from the sixth day of any Fixed Period Exclusion and Permanent Exclusion respectively.
Working Together on Exclusions, the DCSF discussion paper looking at prevention, management and funding of school exclusions.
The Sixth day of exclusion: guidance for Local Authorities.