The fixed term exclusion is not exceeding 45 days in a school year. 1-3 day's exclusion usually gives desired results in behaviour of the excluded student and it does not lead to adverse educational consequences. However, if new evidences come into the light the exclusion limit may be raised. The lunchtime exclusions, which are for one-half day, are also fixed term exclusions (DCSF 2008).
Informal or unofficial exclusions are child and parent friendly but law does not take these into consideration. These are generally made for students who had shown good behaviour previously. The problem is solved and stigma of exclusion does not occur. The student is sent home due to improper appearance or dress code. The African-Caribbean students are sent home for hair cut. The parents of constantly disruptive students voluntarily accept to change his/her school rather than official permanent exclusion. While in internal exclusions student is allowed to remain in school premises but can not participate in school activities (Blyth & Milner 1996).
The DCSF (2008) guidelines do not consider exclusion appropriate if made on minor incidents, poor academic performance, being late or truant, pregnancy, breaches of rules regarding uniforms and appearance unless persistent and for behaviour of the parent
The DCSF (2000) advice schools to avoid excluding SEN students with statement except under exceptional conditions. The pupils with mental, sensory, intellectual and physical impairment should not be excluded because of challenging behaviour due to their disability. There should not be discrimination on racial grounds. The pupils in public care should be retained in school.
The Head teacher's power to exclude:
The head teacher of a maintained school or the teacher in charge of a pupil referral Unit (PRU) may exclude a pupil from the school for a fixed period or permanently. To exclude permanently means removing a child from the school on disciplinary ground (Education Act (s.52) 2002).
Thus the statutory power to exclude a student reside with the head teacher since the Education (No. 2) act 1986. The decision to exclude a pupil should be taken only: (a) in response to serious breaches of the school's behaviour policy; and (b) if allowing the pupil to remain in school would seriously harm the education or welfare of the pupil or others in the school.
The headteacher should exclude a student as a last resort when all other remedies have genuinely failed (Harris et al 2000). The head teacher should regard following prior to this serious decision lest a student is unfairly excluded: Behaviour Policy; School's Drug Policy; Schools Equal Opportunities Policy, Human Rights Act 1998;Disability Discrimination Act 1995; Special Educational Needs (SEN) Code of Practice; Race Relations Act 1976 as amended by Race Relations (Amendment) Act 2000.(DCSF 2008)
The headteacher should ensure that the exclusion is not imposed in the heat of the moment unless there is an immediate threat to safety. He should take statements from witnesses and see the possible provocation. He may also take other persons' opinion to