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Standard of proof
The Headteacher's decision to exclude must be taken on the 'balance of probabilities'. This means that it is more likely than not that the pupil did what they are accused of. This isn't the same as the same as the 'beyond reasonable doubt' standard required in a criminal case.
When exclusion/ suspension is not allowed
It is unlawful to exclude or lengthen an exclusion for a non-disciplinary reason. For example, if a child has special educational needs and the school says it cannot meet those needs.