Promoting inclusion - the three-stage approach and managed transfers

Managed transfers

In some cases where the initial notification to the parent/carer and LA of a permanent exclusion has been issued, it may be appropriate to consider a managed transfer of the child or young person into the sixth day provision. In most cases, this would be a transfer to Southwark Inclusive Learning Service [SILS], and in rare cases Summerhouse Behaviour Support. The excluding school should make it clear in its notification to the LA of its desire for a managed transfer to be considered, and an outline of reasons for the request.

A managed transfer describes circumstances where the LA, school and parent/carer enter into an agreement that a permanent exclusion can be rescinded to enable the young person to continue their school career without a permanent exclusion on their record. This may be beneficial in assisting the child or young person to maintain a positive self-image and avoid the label of a permanently excluded child.

There are significant legal implications of such a move. In these cases, the parent or carer waives their statutory entitlement to an independent review of the exclusion. Therefore, it's extremely important that the parent or carer has a full and comprehensive understanding of these implications, and can make a fully informed choice based on all of the information available. For these reasons a managed transfer will usually only be considered in exceptional circumstances.

The final decision on whether to implement a managed transfer will be taken by the Assistant Director for Education Access and Statutory Services or Assistant Director for Family Early Help and Youth Justice following assessment by a senior education welfare officer. Schools are not permitted to agree a managed transfer without the agreement of the LA under any circumstances.

A managed transfer will only be considered where the following conditions are met:

1. The possibility of a managed move has been actively explored, and there is clear evidence that such a move is untenable or unavailable. This cannot be based solely on the view of the school that such a move would not work.
2. The school has informed the parent/carer and LA in writing of their intention to permanently exclude the child or young person. A managed transfer cannot be used as an intervention for a young person at risk of exclusion, unless in exceptional circumstances and at the discretion of the LA Assistant Director.
3. The transfer is clearly in the best interests of the young person, and their wishes and feelings on the matter have been sought and given due consideration.
4. The exclusion is not linked to the absence of specialist assessment and intervention for unmet needs (including but not limited to: an education psychology assessment, EHCP application, health and wellbeing assessment, FEH or social care referral).
5. All possible alternatives have been explored (internal/off-site temporary placement, managed move, adjustments in school) and the reasons that these have not been successful or judged viable clearly recorded.
6. That the parent or carer has been fully advised that she/he/they are under no obligation to accept the transfer and that by doing so, she/he/they are waiving the legal right to challenge the school’s decision and at a later stage.

All requests for a managed transfer will be assessed within the Attendance and Inclusion consultation framework by a SEWO in the Education Inclusion Team. As part of the consultation the officer will ensure that each of the above criteria is reviewed, and conclude by making non-binding recommendations to the relevant assistant director as to the suitability of the transfer.

Managed transfers will not be considered for students placed temporarily at SILS, Summerhouse, or other provision by a school under dual registration, by retrospectively converting such a placement at a later date. These children should have a reasonable expectation of having the opportunity to return to their mainstream school where this was the aim when placed. If their behaviour in SILS is such that a permanent exclusion would be warranted, the procedure for such situations covered under the managed move protocol should be followed

Schools must ensure that the pupil/family has been treated fairly throughout, that there has been appropriate alternative support offered, that all other alternatives to exclusion have been exhausted (including managed moves) and any outstanding SEN needs have been assessed and met. Although the consent of the child or young person is not required for a managed transfer, their wishes and feelings must be sought, recorded and fairly considered before a final decision is made.

Managed transfers will usually need to be completed within the 15-day window between permanent exclusion and the governors’ review panel. However, in more complex cases, the school (with the consent of parent or carer) may request that the governors’ panel be adjourned for further assessment and consultation before a final decision is made.

The Manager Transfer Agreement (appendix 12 ^{(PDF, 142kb)}) must be completed in full by the referring school in advance of agreeing a transfer and signed by all parties named in the agreement.

The three-stage approach to managing inclusion is summarised in appendix 3 ^{(PDF, 201kb)}.

Page last updated: 20 January 2023