Significant rises in suspensions and exclusions

Just before the end of the summer term, the DfE published the statistics from the academic year 2022/23 around suspensions and exclusions in state funded schools. The statistics show significant increases across suspensions and exclusions and have caused some headlines in the press alongside comments from the new ministers in the DfE. There was no indication of a change to the DfE exclusions guidance at this time. 

The key statistics show:

Suspensions rose by 36% from the previous academic year to 787,000. The vast majority of the suspensions lasted between one and five school days, with the key reasons stated being persistent disruptive behaviour, verbal abuse or threatening behaviour to an adult, and physical assault on a pupil.

Permanent exclusions rose by 44% to 9,400, with the main reasons relating to persistent disruptive behaviour, physical assault on a pupil, and verbal abuse or threatening behaviour to an adult.

The headline data may be useful for governing boards when considering the situation in their own schools, whether at an exclusion review meeting in relation to a specific pupil or more generally as part of the duty to hold senior leaders to account. There is further information within the data that is also useful to explore.

The data provides further information about the groups of children who are most likely to be suspended or permanently excluded. The data shows:

• Male pupils are 1.5 times more likely to be suspended or twice as likely to be permanently excluded than girls;
• Children on free school meals are 4 times more likely to be suspended or 5 times more likely to be permanently excluded;
• Children with a EHCP are 3 times more likely to be suspended or permanently excluded, and those children on SEND support are 4 times more likely to be suspended or permanently excluded; and
• Traveller children (of Roma/Irish heritage) remain more likely than other ethnic groups to be suspended or permanently excluded.

Senior leaders and governing boards will need to ensure that their decision making takes into account these vulnerable groups and that the DfE guidance is followed to ensure any permanent exclusion is clearly a decision of last resort. The guidance already makes specific provision for children with SEND, which suggests further steps are required before a suspension or permanent exclusion is made.

In terms of independent review panels (IRPs), 626 were requested by parents out of the 9,400 permanent exclusions. Of those, 623 resulted in a hearing with 423 of those hearings requiring the attendance of a SEND expert.  Of those 623 hearings:

• 367 resulted in the governing board’s decision being upheld;
• 112 resulted in a recommendation to reconsider (leading to 9 offers of reinstatement to the school); and
• 144 resulted in the governing board’s decision being quashed and reconsideration directed (with 52 offers of reinstatement then being made by the governing board).

Whilst just under 60% of IRP decisions upheld the original governing board decision, it does mean that around 40% of governing board decisions were seen as flawed and 23% so flawed that the decision was quashed. Therefore, it is important that senior leaders and governing boards follow the exclusions guidance issued by the DfE in May 2023 (in force from 1 September 2023) to reduce the potential for successful challenge. Senior leaders and governing boards should also seek legal advice on exclusion decisions at any stage of the process, or access training to ensure that their practices, procedures and decision making are compliant with the current legal framework.

Any school wanting advice on exclusions can contact their usual SK contact or Richard Freeth on 0121 387 3293 or richardfreeth@stoneking.co.uk.