A leading teaching union has described newly released government figures as "astounding" after it was revealed that academies are permanently excluding twice as many pupils as state-funded secondary schools.

The data released by the Department for Children, Schools and Families (DCSF) showed that England's academies banned 0.42% of pupils compared to 0.21% in secondary schools.

The National Teaching Union has hit out at the figures accusing the Government of allowing England's 83 academies free reign over exclusions.

Christine Blower, general secretary for the NUT, said: "While a high exclusion rate for maintained schools is something the Government disapproves of, academies have been given carte blanche to do as they please."

But the DCSF said the 2006/07 figures showed that overall, the number of permanent exclusions had dropped by 6.4% to just over 8,000.

Temporary exclusions also fell by nearly 11% to about 324,000.

"Persistent disruptive behaviour" was the most common factor leading to the punishment - but more than 10% of permanent and nearly 5% of temporary exclusions were due to "physical assaults on adults".

Romany gypsies, travellers of Irish heritage and black Caribbean pupils were most likely to be banned, while exclusion rates for boys were at least three times higher than those for girls.

Academies, which are semi-independent of the state system, are given more freedom to design their own courses.

Many are backed by investment from wealthy business figures and church groups.

Copyright © Press Association 2009

www.dcsf.gov.uk/rsgateway/DB/SFR/s000860/SFR18_2009_FINAL.pdf (DCSF's Report on Exclusion)

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Clara Snow, a lead member of Morgan Cole's Education team comments:

This article highlights the difficulties all schools face, be they Academies, fully maintained or indeed independent schools, regarding the need to balance the principles of inclusion with the need to ensure a safe working environment. Added to this is the issue of what standard of proof a Head/Governors should apply when making decisions about whether to exclude pupils or not. 

If a pupil has violent behavioural difficulties and these relate to an underlying impairment which amounts to a disability then the pupil concerned may be protected from exclusion by disability discrimination law. Recent cases illustrate how difficult it is for any school to balance disability legislation - which requires them to meet a child's needs, even if those needs include a tendency to be violent towards other people (specifically, here, staff and fellow pupils) - against their legal (Health & Safety) duties to maintain a safe environment and promote children's wellbeing. Further, recent decisions show that where a pupil is accused of a serious "offence" the evidence to substantiate an exclusion must be strong; the standard of proof required in such circumstances is probably higher than the civil standard of "on the balance of probabilities". 

Morgan Cole have direct experience in advising schools in connection with their health and safety duties as well as in connection with exclusions (temporary and permanent) and are acutely aware of the interface that often arises between the two. We have an experienced team of lawyers who regularly advise schools and parents alike in connection with these issues and they are fully aware of the often sensitive issues that arise. 

For further information regarding our expertise in this area, or about our schools team generally please contact us.