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Written Question
Schools: Equality
Monday 15th January 2024

Asked by: Tobias Ellwood (Conservative - Bournemouth East)

Question to the Department for Education:

To ask the Secretary of State for Education, what steps her Department is taking to (a) promote inclusivity in schools, (b) assist (i) schools and (ii) teachers to provide support for children with special educational needs and disabilities and (c) reduce exclusions of such children.

Answered by David Johnston - Parliamentary Under-Secretary (Department for Education)

The Special Educational Needs and Disabilities (SEND) and Alternative Provision (AP) Improvement Plan set out a vision for an inclusive system categorised by high-quality mainstream provision where children and young people have their needs identified early and can access prompt, evidence-based, targeted support. Alongside this, the department will improve access to timely, high-quality specialist provision, where this is appropriate for the child or young person.

High-quality teaching is central to ensuring that pupils with SEND are given the best possible opportunity to achieve in their education. To support all teachers, the department is implementing teacher training reforms which begins with initial teacher training and continues into early career teaching, through to middle and senior leadership. These reforms are designed to ensure teachers have the skills to support all pupils to succeed, including those with SEND.

Reaching over 70% of schools and further education colleges, the Universal Services programme will help the school and further education workforce to identify and meet the needs of children and young people with SEND, earlier and more effectively.

The department knows that if needs and behaviours that present a barrier to learning were addressed earlier, more children could be supported to thrive in their mainstream school. That is why the department’s reforms will see AP settings working closely in partnership with mainstream schools to provide high-quality targeted support and one-to-one interventions. This will build capacity in mainstream schools to identify and support needs early, reducing the numbers of preventable exclusions and expensive long-term placements, as well as lead to improvements in children’s wellbeing and outcomes.

Good behaviour in schools is essential to ensure that all pupils can benefit from the opportunities provided by education. The government supports head teachers in using suspension and permanent exclusion as a sanction where warranted as part of creating calm, safe and supportive environments where both pupils and staff can work in safety and are respected.

The government agrees with the Timpson Review of school exclusion conclusion that there is no ‘right’ number of exclusions, but the department is clear that permanent exclusion should only be used as and when absolutely necessary, as a last resort and this should not mean exclusion from education.

All decisions to exclude a pupil must be lawful, reasonable, and fair. The Behaviour in Schools guidance and the updated statutory Suspension and Permanent Exclusion guidance (2023) sets out that, when considering excluding a pupil, schools should consider any contributing factors that are identified after an incident of misbehaviour has occurred, which could include where the pupil has Special Educational Needs. Initial intervention measures should include an assessment of whether appropriate provision is in place to support any SEND that a pupil may have.


Written Question
Alternative Education and Pupil Exclusions
Friday 28th July 2023

Asked by: Lord Boateng (Labour - Life peer)

Question to the Department for Education:

To ask His Majesty's Government what assessment they have made of the adequacy of ethnic monitoring of pupils in the compilation of data in relation to (1) school exclusions, and (2) the provision of alternatives to classroom schooling.

Answered by Baroness Barran - Parliamentary Under-Secretary (Department for Education)

The Government publishes school exclusions data by pupil characteristic in the ‘Permanent exclusions and suspensions in England’ publication. The data is available at: https://explore-education-statistics.service.gov.uk/find-statistics/permanent-and-fixed-period-exclusions-in-england. Since November 2022, this data has been published two terms in arrears rather than as an annual release. This fulfils the Department’s commitment to the 2021 report ‘Strengthening Home Education’, where the Education Select Committee suggested that only having an annual statistical release on exclusions may prevent the Department from identifying illegal exclusion practices.

The Department also publishes the ‘Schools, pupils and their characteristics’ publication for placements in non-school based alternative provision arranged by local authorities (Alternative Provision census), and placements in non-school based alternative provision arranged by schools (from 2023 only, School census). These tables are available in the attached files.

The Department also publishes the ‘Schools, pupils and their characteristics’ publication, which is available at: https://explore-education-statistics.service.gov.uk/find-statistics/school-pupils-and-their-characteristics. The 2 attached tables provide information on:

  • Placements in non-school based alternative provision arranged by local authorities (Alternative Provision Census).
  • Placements in non-school based alternative provision arranged by schools (from 2023 only, School Census).

Written Question
Alternative Education
Tuesday 25th July 2023

Asked by: Lord Boateng (Labour - Life peer)

Question to the Department for Education:

To ask His Majesty's Government what guidance they provide to schools about the use of ‘alternative provision’ in place of exclusion for pupils presenting challenging behaviours; and how the use of ‘alternative provision’ is monitored by Ofsted.

Answered by Baroness Barran - Parliamentary Under-Secretary (Department for Education)

The use of alternative provision for pupils presenting challenging behaviours is covered in the government’s statutory guidance on alternative provision, which can be found attached. It is also included in guidance on behaviour in schools, as well as in guidance on suspension and permanent exclusion, which can also be found attached.

The government’s recently published ‘Special Educational Needs and Disabilities (SEND) and Alternative Provision (AP) Improvement Plan’ sets out the department’s ambitious reforms to improve capacity and capability within the AP sector. The plan includes a three tier model for AP which focusses on providing targeted support and interventions within mainstream schools to reduce the number of preventable exclusions and to improve behaviour and attendance. School commissioning of well planned, high quality AP can play an important part in delivering this service.

Ofsted evaluate local authority and school use of AP separately. Ofsted look at a school’s use of AP as part of graded school inspections. In doing so, inspectors will evaluate how well a school continues to take responsibility for its pupils who attend AP. Further details can be found in paragraphs 361 to 367 of the School Inspection Handbook, which can be found here: https://www.gov.uk/government/publications/school-inspection-handbook-eif/school-inspection-handbook.

From this year, Ofsted have included the inspection of the commissioning of AP by local authorities as part of Area SEND inspections. This includes inspecting whether a local authority’s approach to commissioning and overseeing AP arrangements for children and young people in the local authority area meets their duties as set out in AP statutory guidance. Full details can be found in the Area SEND inspection framework and handbook, which can be found here: https://www.gov.uk/government/publications/area-send-framework-and-handbook/area-send-inspections-framework-and-handbook.


Written Question
Pupil Referral Units
Wednesday 19th July 2023

Asked by: Lord Boateng (Labour - Life peer)

Question to the Department for Education:

To ask His Majesty's Government how many pupils have been placed in Pupil Referral Units in England in each of the last three years for which figures are available; and what proportion of those pupils are (1) boys, (2) of Black Caribbean origin, and (3) of another ethnic minority.

Answered by Baroness Barran - Parliamentary Under-Secretary (Department for Education)

The department publishes annual data on the gender and ethnicity of pupils at schools in England. The most recently published data is available at: https://explore-education-statistics.service.gov.uk/find-statistics/school-pupils-and-their-characteristics/2022-23. The publication includes figures for ‘State-funded alternate provision (AP) schools’, which include pupil referral units and alternative provider free schools and academies. The attached tables, taken from the published data, show breakdowns of pupils in these schools by gender and ethnicity from January 2021 to January 2023.

The SEND and AP Improvement Plan, published on 2 March 2023, set out a new national vision and delivery model for the AP system.  Departmental reforms will see AP schools working with mainstream settings to provide targeted support and interventions to improve behaviour, attendance and reduce the numbers of preventable exclusions, including for those groups with a greater likelihood of being referred to alternative provision.

Schools also have a clear duty not to discriminate against pupils based on protected characteristics under the Equality Act 2010. Ofsted’s assessment of behaviour in schools includes specific consideration of rates, patterns and reasons for exclusions, as well as any differences between groups of pupils.

The department’s ‘Understanding your data: a guide for school governors and academy trustees available at: https://www.gov.uk/government/publications/understanding-your-data-a-guide-for-school-governors-and-academy-trustees/understanding-your-data-a-guide-for-school-governors-and-academy-trustees, makes clear that governing boards should carefully consider the level and characteristics of pupils who are leaving the school. They should challenge the school and academy trust management teams on any permanent exclusions to ensure it is only used as a last resort, as well as on directions for pupils to be to be educated off site in AP schools. They should also consider whether there are any patterns to the reasons or timing of such moves.


Written Question
Alternative Education and Special Educational Needs
Friday 7th July 2023

Asked by: Pauline Latham (Conservative - Mid Derbyshire)

Question to the Department for Education:

To ask the Secretary of State for Education, whether her Department plans to publish (a) the feedback from the Regional Expert Partnerships to her Department and (b) discussions on how the proposals within the Special Educational Needs and Disabilities (SEND) and Alternative Provision (AP) Improvement Plans published in March 2023 are to be refined.

Answered by Claire Coutinho - Secretary of State for Energy Security and Net Zero

The department will be sharing strategic guidance with all Regional Expert Partnerships (REPs) for delivery of the Change Programme, which will include setting out the local partners they must engage with. Engagement with all partners across all local areas involved in the REPs, including schools, health partners and families, is integral to successfully delivering, testing and refining the Special Educational Needs and Disabilities (SEND) and Alternative Provision (AP) reforms set out in the Improvement Plan.

Throughout the lifetime of the programme, there will be a constant feedback loop between the department and the REPs in order to monitor the findings and share learning and best practice. This will include the REPs feeding back on the progress of delivering the reforms and any barriers they may be facing. The department will be transparent throughout this process and is currently establishing how it will provide public updates as the programme progresses.

The department previously shared that all REPs would be led by a lead local authority, selected through objective criteria based on published SEND performance data. The department used this data to identify a shortlist of local authorities in each Department for Education region, who were subsequently invited to submit an expression of interest to be considered for the role. To be eligible for the shortlist, prospective lead local authorities must not:

  • Have a live written statement of action from the previous Ofsted/ Care Quality Commission (CQC) Area SEND inspection framework.
  • Have an 'inconsistent’ or ‘widespread/systemic failure’ outcome from the new Ofsted/CQC Area SEND inspection framework.
  • Have a Section 114 notice.
  • Be on our Safety Valve programme.

They must also be in the top 75% of authorities nationally against:

  • Rates of Education, Health and Care (EHC) plan assessment requests.
  • Rates of EHC plan assessments completed in 20 weeks.
  • Special Educational Needs exclusions.

The department then ranked the remaining authorities based on their Designated School Grant surplus/deficit and shortlisted the top three local authorities in each region.


Written Question
Alternative Education and Special Educational Needs
Friday 7th July 2023

Asked by: Pauline Latham (Conservative - Mid Derbyshire)

Question to the Department for Education:

To ask the Secretary of State for Education, pursuant to the Answer of 25 April 2023 to Question 180364 on Alternative Education and Special Educational Needs, what objective criteria is to be used when selecting local authorities using published SEND performance data.

Answered by Claire Coutinho - Secretary of State for Energy Security and Net Zero

The department will be sharing strategic guidance with all Regional Expert Partnerships (REPs) for delivery of the Change Programme, which will include setting out the local partners they must engage with. Engagement with all partners across all local areas involved in the REPs, including schools, health partners and families, is integral to successfully delivering, testing and refining the Special Educational Needs and Disabilities (SEND) and Alternative Provision (AP) reforms set out in the Improvement Plan.

Throughout the lifetime of the programme, there will be a constant feedback loop between the department and the REPs in order to monitor the findings and share learning and best practice. This will include the REPs feeding back on the progress of delivering the reforms and any barriers they may be facing. The department will be transparent throughout this process and is currently establishing how it will provide public updates as the programme progresses.

The department previously shared that all REPs would be led by a lead local authority, selected through objective criteria based on published SEND performance data. The department used this data to identify a shortlist of local authorities in each Department for Education region, who were subsequently invited to submit an expression of interest to be considered for the role. To be eligible for the shortlist, prospective lead local authorities must not:

  • Have a live written statement of action from the previous Ofsted/ Care Quality Commission (CQC) Area SEND inspection framework.
  • Have an 'inconsistent’ or ‘widespread/systemic failure’ outcome from the new Ofsted/CQC Area SEND inspection framework.
  • Have a Section 114 notice.
  • Be on our Safety Valve programme.

They must also be in the top 75% of authorities nationally against:

  • Rates of Education, Health and Care (EHC) plan assessment requests.
  • Rates of EHC plan assessments completed in 20 weeks.
  • Special Educational Needs exclusions.

The department then ranked the remaining authorities based on their Designated School Grant surplus/deficit and shortlisted the top three local authorities in each region.


Written Question
Alternative Education and Special Educational Needs
Friday 7th July 2023

Asked by: Pauline Latham (Conservative - Mid Derbyshire)

Question to the Department for Education:

To ask the Secretary of State for Education, what plans she has to implement guidance to Regional Expert Partnerships on how many local partners they need to engage with when refining proposals in the Special Educational Needs and Disabilities (SEND) and Alternative Provision (AP) Improvement Plans published in March 2023.

Answered by Claire Coutinho - Secretary of State for Energy Security and Net Zero

The department will be sharing strategic guidance with all Regional Expert Partnerships (REPs) for delivery of the Change Programme, which will include setting out the local partners they must engage with. Engagement with all partners across all local areas involved in the REPs, including schools, health partners and families, is integral to successfully delivering, testing and refining the Special Educational Needs and Disabilities (SEND) and Alternative Provision (AP) reforms set out in the Improvement Plan.

Throughout the lifetime of the programme, there will be a constant feedback loop between the department and the REPs in order to monitor the findings and share learning and best practice. This will include the REPs feeding back on the progress of delivering the reforms and any barriers they may be facing. The department will be transparent throughout this process and is currently establishing how it will provide public updates as the programme progresses.

The department previously shared that all REPs would be led by a lead local authority, selected through objective criteria based on published SEND performance data. The department used this data to identify a shortlist of local authorities in each Department for Education region, who were subsequently invited to submit an expression of interest to be considered for the role. To be eligible for the shortlist, prospective lead local authorities must not:

  • Have a live written statement of action from the previous Ofsted/ Care Quality Commission (CQC) Area SEND inspection framework.
  • Have an 'inconsistent’ or ‘widespread/systemic failure’ outcome from the new Ofsted/CQC Area SEND inspection framework.
  • Have a Section 114 notice.
  • Be on our Safety Valve programme.

They must also be in the top 75% of authorities nationally against:

  • Rates of Education, Health and Care (EHC) plan assessment requests.
  • Rates of EHC plan assessments completed in 20 weeks.
  • Special Educational Needs exclusions.

The department then ranked the remaining authorities based on their Designated School Grant surplus/deficit and shortlisted the top three local authorities in each region.


Written Question
Pupil Exclusions
Tuesday 23rd May 2023

Asked by: Janet Daby (Labour - Lewisham East)

Question to the Department for Education:

To ask the Secretary of State for Education, whether she is taking steps to improve (a) monitoring and (b) oversight of school exclusion rates.

Answered by Nick Gibb

The Department collects data on suspensions and permanent exclusions from all state funded schools through the termly School Census. Schools must provide information on the type and reason for the exclusion for the previous two terms.

Prior to the 2021/22 academic year, data was published on an annual basis covering the whole academic year. Since November 2022 the Department has published the data on a termly basis.

This fulfils the Department’s commitment to the 2021 report ‘Strengthening Home Education’, where the Education Select Committee suggested that only having an annual statistical release on exclusions may prevent the identification of illegal exclusion practices.

To further improve the monitoring and oversight of school exclusions, the Department has taken further action by capturing the information directly from schools as part of the Daily Attendance Data Collection. This collects daily attendance data on schools' management information systems. Data is published fortnightly at Local Authority, regional and national level, allowing for more real time data on the use of the attendance code for exclusions (Code E).

To ensure Local Authorities receive real time data on all suspensions regardless of length, the Department took action through the School Discipline (Pupil Exclusions and Reviews) (England) (Amendment) Regulations 2022 requiring all schools since September 2022 to share suspension data with Local Authorities ‘without delay’, to assist Local Authorities and safeguarding agencies to successfully support the most vulnerable pupils.

The Department is investing over £50 million to fund specialist support in mainstream and Alternative Provision schools in the areas where serious violence most impacts pupils.


Written Question
Pupil Exclusions
Tuesday 23rd May 2023

Asked by: Janet Daby (Labour - Lewisham East)

Question to the Department for Education:

To ask the Secretary of State for Education, whether her Department is taking steps to increase protections for victims of child criminal exploitation who are excluded from school.

Answered by Nick Gibb

The Department collects data on suspensions and permanent exclusions from all state funded schools through the termly School Census. Schools must provide information on the type and reason for the exclusion for the previous two terms.

Prior to the 2021/22 academic year, data was published on an annual basis covering the whole academic year. Since November 2022 the Department has published the data on a termly basis.

This fulfils the Department’s commitment to the 2021 report ‘Strengthening Home Education’, where the Education Select Committee suggested that only having an annual statistical release on exclusions may prevent the identification of illegal exclusion practices.

To further improve the monitoring and oversight of school exclusions, the Department has taken further action by capturing the information directly from schools as part of the Daily Attendance Data Collection. This collects daily attendance data on schools' management information systems. Data is published fortnightly at Local Authority, regional and national level, allowing for more real time data on the use of the attendance code for exclusions (Code E).

To ensure Local Authorities receive real time data on all suspensions regardless of length, the Department took action through the School Discipline (Pupil Exclusions and Reviews) (England) (Amendment) Regulations 2022 requiring all schools since September 2022 to share suspension data with Local Authorities ‘without delay’, to assist Local Authorities and safeguarding agencies to successfully support the most vulnerable pupils.

The Department is investing over £50 million to fund specialist support in mainstream and Alternative Provision schools in the areas where serious violence most impacts pupils.


Written Question
Pupil Exclusions
Tuesday 23rd May 2023

Asked by: Janet Daby (Labour - Lewisham East)

Question to the Department for Education:

To ask the Secretary of State for Education, whether she has made an assessment of the potential merits of including a list of student groups with disproportionately high exclusion rates in her Department’s statutory exclusion guidance.

Answered by Nick Gibb

The Department remains committed to providing world class education, training, and care for everyone whatever their background, and to taking the action needed to address disparities.

Head teachers use suspensions and permanent exclusions when required, as part of creating calm, safe and supportive classrooms that bring out the best in every pupil. Schools should only use permanent exclusion as a last resort. The Department supports teachers in taking proportionate and measured steps to ensure good behaviour in schools.

The Department is aware that some groups of children have a greater likelihood of suspension and permanent exclusion than others, although local context means there will be different patterns across the country. The updated ‘Suspension and Permanent Exclusion’ guidance sets out that schools, local authorities, and local partners should work together to understand what lies behind local trends. This guidance is available at: https://assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_data/file/1101498/Suspension_and_Permanent_Exclusion_from_maintained_schools__academies_and_pupil_referral_units_in_England__including_pupil_movement.pdf.

The Department’s ‘Understanding your data: a guide for school governors and academy trustees’ makes clear that governing boards should carefully consider the level and characteristics of pupils who are leaving the school and challenge the school and academy trust management teams on any permanent exclusions to ensure it is only used as a last resort. This includes looking at suspensions, pupils taken off roll, those directed to be educated off site in Alternative Provision (AP), and whether there are any patterns to the reasons or timing of such moves.

Schools also have a clear duty not to discriminate against pupils based on protected characteristics under the Equality Act 2010. Ofsted’s assessment of behaviour in schools includes specific consideration of rates, patterns, and reasons for exclusions, as well as any differences between groups of pupils.

The Special Educational Needs and Disabilities and AP Implementation Plan, published on 2 March 2023, sets out a new national vision and delivery model for the AP system. As needs will be identified and supported early, this should reduce the numbers of preventable exclusions and expensive long term placements, and lead to improvements in pupils’ wellbeing and outcomes.