The usual penalties for misconduct are set out in the appendixes. No penalty should be imposed without a hearing.

Exclusion is considered when all possible actions identified through the Disciplinary Policy and Procedure have been exhausted. It can also be used if the serious nature of the behaviour(s) being addressed require investigation without interference or are likely to impact upon the safety of the individual or others in the training centre.

A member of the Senior Management Team (SMT) are the only personnel permitted to permanently exclude a learner.

They are required to follow the procedures set out in the Disciplinary Policy and Procedure, which are designed to ensure fairness and openness and minimise the need for an appeal against the decision.

All Disciplinary cases including exclusions are treated in the strictest confidence. Only those who need to know the details of exclusion are informed of them.

Types of exclusion:

Learners can be excluded from the training centre in two ways:

1: Suspension  

2: Permanent exclusion

1: Suspension

A member of the Senior Management Team (SMT) can only decide suspension.

This process will only be used when:

·     Health and safety is compromised where a learner’s presence is believed to be a risk to themselves or others

·     To allow an investigation to take place following a serious incident where the learner`s presence may affect the procedure, such as drug related investigation or a fight on Make UK premises

·     The learner has put themselves beyond the control of the training centre by breaking the Centre rules for their safety and/or the safety of others e.g. A Pre18 age learner leaving the training centre without permission.

A learner aged under 18 can only be suspended from the training centre if a parent / guardian collects them or is present at a panel hearing that results in the learner being suspended.

2: Permanent exclusion

Where a hearing is likely to lead to a permanent exclusion, the Director of Apprentices & Technical Training would ensure that all reasonable strategies to address behaviour have been considered and applied. This will include interventions from:

• The Safeguarding Lead

• Centre Manager and other support team depending on the learners needs

Interviewing a learner for a serious incident

Before the hearing the learner concerned will be encouraged to:

·     write, sign and date a statement of what happened in their own words

·     agree to an interview to present their side of what happened in an incident

The learner’s support may act as scribe to record the learner’s statement if the learner has weak literacy skills or is refusing to co-operate.

3: Witness statements

The content of witness statements and their sources will be shared with the learner as they are entitled to know the source and nature of the evidence. However, if the training centre has a concern for the health and safety or the emotions of a witness, the Director of Apprentices & Technical Training may allow the statement to remain anonymous, even if the circumstances lead to a permanent exclusion of the learner 

4: Proof

The hearing will draw upon evidence of a learner’s past behaviour; the risk of a repeat of the unacceptable behaviour and the likelihood to respond positively to the guidance, actions, and sanctions available. There is no requirement for the Director of Apprentices & Technical Training to have hard evidence proof, but sufficient serious suspicion should suffice.

5: The decision to exclude

In all cases where a learner is permanently excluded, information and guidance will be provided of possible alternative places of study. Learners aged 16 to 19 will be referred to the local careers’ guidance service.

6: Parent’s Responsibilities

If a parent refuses to collect an excluded learner from the training centre, guidance suggests that the training centre’s duty of care remains, as the training centre must have responsibility for the learner’s safety.

·     For pre 18 learners, the training centre will ensure they have safe and adequate means to travel to their home. However, if a Pre 18 learner attends the training centre against advice with the intention of disrupting training centre’s normal working practices or threatening others, the Director of Apprentices & Technical Training may decide to seek police help to remove the learner from training centre.

·     The Training centre will ensure they have arrived safely home and have adequate supervision at home.

Support

Support for the learner is automatic and will take into account their age and learning needs.

a.     Learners aged under 18 and all vulnerable adults must be accompanied by a parent/guardian/legal carer or employer representative at all Hearing Panels. Sufficient notice will be given in advance of the hearing.

b.     Learners aged 18+ should be supported by an independent member of staff or a suitable friend.

·     Any learner who believes they have been discriminated against, irrespective of the outcome of the hearing can have a relevant representative or advocate at any stage. Advice on the training centres Complaints Procedure may also be offered.



Last modified: Monday, 5 September 2022, 9:55 AM