School Exclusions

Our key calls for change:

• End the use of school exclusions in primary school now.
• End the use of school exclusions in secondary school, in the interim ensure they are used as a matter of absolute last resort and never discriminatory.

Background information and introduction to our work

School exclusions disproportionately affect certain groups of children:

• children from poorer backgrounds,
• looked after children,
• children with mental health issues,
• children with neurodevelopmental disorders,
• children with additional learning needs,
• children from certain ethnic minority backgrounds.

Children who are excluded are at heightened risk of mental and physical ill health, homelessness and youth offending. School exclusions are an increasing issue of concern in Wales. The most recent data 2021/22 shows the highest recorded rate of school exclusions since 2013, across all types of exclusion: permanent, fixed term (more than 5 days), and fixed term (5 days or less) (Welsh Government, 2023). The rate of exclusions decreased during the pandemic (2019/20 and 2020/21). Following the pandemic, in 2021/22 the rates of all types of exclusion not only increased but exceeded their pre-pandemic levels.

You can access the Welsh Government statutory guidance on School exclusions here and the Child Friendly version here.

CLCW is working with partners to end the use of exclusions in primary school schools. We are pleased that in the Welsh Government’s response to the Concluding Observations 2023, as a first step, they are considering restricting the powers of head teachers/teachers in charge of Pupil Referral Units to exclude primary school aged children.

CLCW is also working with partners to end the use of unlawful and discriminatory school exclusions, we are pleased that the Welsh Government will be strengthening their guidance in relation to children with protected characteristics. We will also continue working to promote that guidance on school exclusions, embeds a Children’s Rights Approach.

CLCW refers parents/carers and children to our respected legal partners if there is evidence of a child experiencing a discriminatory or unlawful exclusion. As part of the strategic litigation project and partnership with the EYST Right to Education Project, we are looking to identify cases that will have a wider strategic impact for children in Wales.

Dr Rhian Croke was invited by EYST to write a response to their report on ethnic minority children’s experiences of school exclusions, using a Children’s Rights Approach. Her blog was published as part of a wider blog series inviting reflections on public bodies embedding a Children’s Rights Approach into practice.