Question to the Department for Education:

To ask the Secretary of State for Education, what steps her Department takes to (a) identify and (b) reprimand schools and other educational institutions that fail to meet the requirements of section 52 of the Education Act 2002.

The department’s legislation and statutory guidance on exclusion makes it clear that any decision to exclude a pupil from school should be lawful, reasonable and fair. Schools must have regard to the exclusion guidance and follow the formal exclusion process set out in it.

Schools can exclude pupils, either permanently or for a fixed period, for disciplinary reasons, and the department supports schools in using exclusion where this is warranted. Exclusion on any grounds other than discipline is unlawful. Where a pupil is asked to leave the school, the formal exclusions process set out in the statutory exclusion guidance must be followed. Schools may not exclude pupils because of their academic attainment or ability. In September the department wrote to all secondary schools and local authorities to remind them of these rules. The government recently announced an externally led review of the use of exclusions and implications for pupil groups disproportionately represented in the national statistics. Further details on the review will be made available in due course.