Can A Local Authority Charge A School Or Academy Where It Excludes A Pupil?

We look here at local authorities charging schools and academies for permanent exclusions and whether this is allowed by relevant legislation.

In our work with schools and academies, we continue to see local authorities seeking to charge schools and academies for making a permanent exclusion. These charges are often presented as part and parcel of the allocation of funding which must follow the pupil to another school or academy or to alternative provision. However, they are also presented as an additional charge or even as a fine. The rationale often given by local authorities for these additional charges is that the money is needed to fund local authority-run alternative provision. Given the climate of financial constraint, this approach is understandable. However, it is not one which local authorities are permitted to take under the legal framework which governs school funding and exclusions.