CA-2025-002133 - [2025] EWCA Civ 1335

“Policy Statement

The overwhelming majority of students at Winchmore School will never receive a fixed term suspension or a permanent exclusion. However, fixed term suspensions and permanent exclusions will only be used in the case of a serious incident in order to maintain a safe and secure learning environment, enjoyed by all members of the school and local community.

When any fixed term suspension or permanent exclusion is considered, all circumstances will be taken into consideration, ensuring a balance between the needs of the individual student(s) who may receive a fixed term suspension or need to be permanently excluded, against the needs and safety of the students and adults in the school community.

Winchmore School operates a fair, equitable and consistent system for fixed term suspensions and permanent exclusion from school, applicable to all members of the Schoolcommunity. Fixed term suspensions and permanent exclusions are only used when it is themost appropriate way of supporting the school's Behaviour Policy, Minimum Expectationsand the safety and wellbeing of the wider community.

Fixed term suspensions and permanent exclusions are one of many options used to address unacceptable behaviour. Fixed term suspensions are used primarily as a strategy for supporting a student in understanding the impact of their behaviour, providing time out to reflect and consider the effects of their actions on others and the wider community.

Winchmore School is an inclusive school and is committed to ensuring a safe and secure learning environment allowing students to engage in learning activities, alongside their peers, in order to fulfil their full potential. However, Winchmore School will not tolerate behaviour that prevents teaching and learning taking place or behaviour that puts the health, safety or well being of another person at risk.

Our Behaviour Policy aims to reduce the need to use exclusions and suspensions as a sanction but where necessary, it is applied fairly and consistently at all times. Both our Behaviour Policy and Exclusions & Suspensions Policy are monitored and updated regularly with reference to the Local Authority Framework and DfE Guidance, and are available on the school website.”

The Exclusions and Suspensions Policy does not contain any further guidance about the criteria for imposing a permanent exclusion as opposed to the lesser sanction of a fixed term suspension. SAG had been suspended for 5 days following her return from the skiing trip and the Headteacher’s exclusion decision was taken following a “Re-Integration Meeting” held at the conclusion of the 5-day period. No-one suggests that this 5-day suspension was not warranted, so the question for decision was whether the additional sanction of a permanent exclusion was appropriate. On that question the Exclusions and Suspensions Policy is silent, except that it (1) makes it clear that fixed-term suspensions and permanent exclusions can both “be used in the case of a serious incident in order to maintain a safe and secure learning environment, enjoyed by all members of the school and local community” and for “unacceptable behaviour”; and (2) refers to the Behaviour Policy which means the two documents are to be read together.

The Winchmore School Behaviour Policy dated October 2024 says this, so far as relevant:-