Waltham Forest's Approach

The Council expects schools to adopt a graduated approach to inclusion before permanent exclusion is considered.

This should normally include consideration of:

• inclusive practice;
• Ordinarily Available Provision (OAP);
• reasonable adjustments;
• early intervention;
• pastoral support;
• multi-agency working;
• behaviour support strategies;
• safeguarding considerations;
• SEND where applicable; and
• any other appropriate intervention relevant to the child's circumstances. 

Nothing within this Protocol restricts the statutory discretion of a headteacher to suspend or permanently exclude a child where this is lawful and appropriate.

Relationship with the Inclusion Panel

Where a child is at risk of permanent exclusion, schools should consider whether additional support is available through the Council's Inclusion Panel before exclusion occurs, where this is appropriate and compatible with the school's statutory responsibilities.

The Inclusion Panel may consider enhanced support, multi-agency intervention or Alternative Provision where the child's needs exceed those that can reasonably be met through inclusive practice, Ordinarily Available Provision and reasonable adjustments.

Nothing in this section removes or limits the statutory powers of a headteacher to suspend or permanently exclude a child where this is lawful and appropriate.

Relationship with the Fair Access Protocol

Suspension does not, in itself, engage the Fair Access Protocol.

Permanent exclusion does not automatically result in a referral under the Fair Access Protocol.

The Protocol becomes relevant only where:

• the child requires a new mainstream school place; and
• the child meets the eligibility criteria described in Section 5 of this Protocol. 

Eligibility for consideration under the Fair Access Protocol will be determined independently of the exclusion decision.

Roles and Responsibilities

Supporting Children Following Permanent Exclusion

Where a child has been permanently excluded, the Council will work with schools, parents or carers and relevant agencies to minimise interruption to education and to identify the most appropriate educational pathway.

This may include:

• continued assessment of the child's educational needs;
• multi-agency planning;
• consideration by the Inclusion Panel;
• Alternative Provision where appropriate; and
• referral under the Fair Access Protocol where the child subsequently requires a new mainstream placement and meets the eligibility criteria. 

The Council's objective is to ensure that children continue to receive appropriate education while longer-term arrangements are being made.

Figure 10.1 — Relationship Between Exclusion and the Fair Access Protocol

Behaviour concerns identified
↓
School support and intervention
(Inclusive Practice, OAP and Reasonable Adjustments)
↓
Suspension
(where appropriate)
↓
Further assessment and support
↓
Permanent Exclusion
(last resort)
↓
Council discharges statutory duties
↓
New mainstream school required?

NO → Alternative educational arrangements

YES
↓
Eligibility considered under Section 5
↓
Fair Access Panel, where eligible

Key Practice Points

• Suspension and permanent exclusion are statutory processes.
• The Fair Access Panel has no role in exclusion decisions.
• Permanent exclusion does not automatically trigger Fair Access.
• The Council promotes early intervention and inclusive practice to reduce the need for exclusion.
• Children should experience the minimum possible interruption to their education.
• Fair Access may become the appropriate route where a child subsequently requires a new mainstream school place and meets the eligibility criteria. 

Governance Note

This section should be read alongside:

• Section 2 — Council's Key Principles;
• Section 5 — Children Eligible for Consideration under the Fair Access Protocol;
• Section 7 — Children with Challenging Behaviour;
• Section 11 — Alternative Provision;
• Section 12 — Reintegration from Alternative Provision; and
• Section 19 — Fair Access Panel Governance and Terms of Reference.