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<p>By their very nature, informal exclusions of any child are unlawful. This is why
we already make clear in the suspension and permanent exclusion guidance that ‘informal’
or ‘unofficial’ suspensions, such as sending pupils home ‘to cool off’, are unlawful,
regardless of whether they occur with the agreement of parents or carers. Further
information of this guidance can be found at: <a href="https://www.gov.uk/government/publications/school-exclusion/changes-to-the-school-exclusion-process-during-the-coronavirus-outbreak"
target="_blank">https://www.gov.uk/government/publications/school-exclusion/changes-to-the-school-exclusion-process-during-the-coronavirus-outbreak</a>.</p><p>Any
suspension of a pupil, even for short periods of time, must be in line with the relevant
legislation and recorded as a suspension. The department is also clear that off rolling
is unacceptable in any form and continues to work with Ofsted to identify and tackle
it. The forthcoming special educational needs and disabilities (SEND) Review will
also set out proposals for improving support for children with SEND in mainstream,
which will look to ensure they get the right support in the right place at the right
time.</p><p>All schools are required to have a behaviour policy which must be lawful,
proportionate and reasonable. An initial intervention to address underlying causes
of disruptive behaviour should include an assessment of whether appropriate provision
is in place to support any special educational needs, including autism, or disability
that a pupil may have. The department will be setting this out clearly in the consultation
on the revised ‘behaviour in schools’ guidance and the ‘suspension and permanent exclusion’
guidance which will be published shortly. These will equip headteachers to create
calm, orderly, safe, and supportive school environments where all pupils can thrive
and reach their potential in safety and dignity and where exclusions are only ever
used lawfully, and when absolutely necessary as a last resort.</p>
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