Exclusions

Please note – this guidance relates to exclusions for pupils with special educational needs and/or a disability (SEND). Information and advice for the exclusion of pupils without SEND can be found in the links below:

Resource Library - schoolexclusionshub.org.uk

A guide for parents on school behaviour and exclusion - GOV.UK (www.gov.uk)

What are Exclusions?

Only the head teacher of a school (or the teacher in charge of a pupil referral unit or the principal of an academy) can exclude a pupil. A head teacher or principal can exclude a child or a young person from school for disciplinary reasons. There are two lawful types of exclusion:

permanent exclusion, or
for a fixed-period, which is called a “suspension”.

The law and the statutory guidance about exclusions relates to children and young people who are attending:

a maintained school,
an academy,
a pupil referral unit, or
a school sixth form,

No child should be excluded or suspended from school:

for an unlimited period
for a non-disciplinary reason, or
without formal notice in writing from the head.

This includes pupils who are below compulsory school age, and above compulsory school age (those in sixth form).

If a child or young person attends a:

sixth form college
further education college
non-maintained special school
section 41 school, or,
an independent school or college,

they can be excluded in accordance with the setting’s exclusion policies. You can find out more about exclusion from these types of setting on the Independent Provider of Special Education Advice (IPSEA) website Exclusion of children/young people with SEND from an independent setting or Further Education

‘Informal’ or ‘unofficial’ exclusions/suspensions, such as sending a pupil home to cool off, are unlawful even if a parent or carer agrees to it.

Meeting a Child’s or Young Person’s Needs

If you have any concerns about the support your child might need, you should discuss these with the school, and this includes:

meeting any special educational needs;
meeting needs which arise due to your child’s disability;
any health needs (mental or physical).

Where possible, any support for behaviour should be put in place as soon as possible.

Your child’s school should not suspend or permanently exclude your child because they are unable to meet their SEND needs and schools should not place pressure on you to home educate your child.

Pupils with Special Educational Needs and/or a Disability (SEND)

Every school has a governing board responsible for making sure the school is run well, including the legal duty to ensure the right support for pupils with SEND.

A governing board may also be called a governing body, a management committee or academy trust, depending on the type of school your child attends.

The law does not prevent a child or young person from receiving a sanction for misbehaviour, but schools and their governing board do have a legal duty, under the Equality Act 2010 - advice for schools [PDF 490KB] not to discriminate against your child because of their disability.

Schools and governing boards should consider your child’s SEND when deciding if it is right and lawful to issue a suspension or as a last resort, permanent exclusion. Schools and governing bodies must also ensure that they do not discriminate against disabled pupils by increasing their risk of suspension or permanent exclusion.

Reasonable Adjustments

Schools should consider whether your child’s SEND has contributed to their behaviour, and whether it is therefore fair and lawful to sanction them because of this, schools should think about any triggers for your child. Pupils with a disability may need reasonable adjustments made to a rule or type of sanction.

Education, Health and Care (EHC) Plans

If your child has an EHC plan, the school should speak to you about any concerns they have at an early stage. They should also contact the local authority and consider requesting an early annual review. This is when your local authority reviews your child’s EHC plan to make sure it is kept up to date.

Part-Time Timetables

There are very limited circumstances in which your child’s school should place your child on a part-time timetable. This should only happen if a part-time timetable is required because of your child’s physical or mental health needs.

Your child’s school should not be using a part-time timetable to manage your child’s behaviour. If you believe your child’s school has placed them on a part-time timetable because of their behaviour you should discuss your concerns with the school.

Off-Site Directions

Your child’s school can decide that your child will be educated somewhere else for a limited period. This should only be used when it is the best way to support your child.

Your child could be educated at another school or alternative provision setting. This could also include your child splitting time between 2 different locations. This arrangement is commonly known as off-site direction.

If your child has an EHC plan, the local authority should be told about an off-site direction placement.

Managed Moves

In some cases, your child’s school may decide it is best for your child to move to another school permanently following an off-site direction placement. This is known as a managed move.

Managed moves should be voluntary and have your agreement before they take place. Your child’s school should not pressure you into agreeing to one and should not be offered as an alternative to a permanent exclusion. If you feel pressured into agreeing to a managed move, you should raise this with the school’s governing board.

A managed move should only occur when it is in your child’s best interests and all parties, including the new school and you, agree it would be best for your child to move to another school permanently.

Schools should not use a ‘trial period’ or ‘trial admission’ for managed moves, as a managed move is a permanent move to another school.

If your child has an EHC plan, their school should contact the local authority prior to the move and if the local authority, both schools and you are in agreement that there should be a managed move, the local authority will need to follow the process for changing an EHC plan.

Challenging a Decision

You can challenge a suspension or permanent exclusion through the governing board and independent review panel, if relevant. You can find useful resources to challenge a suspension or permanent exclusion with the governing board and an independent review panel on the Schools Exclusions Hub website.

If your child has been suspended or permanently excluded and you believe it occurred due to discrimination, you can make a claim to the First-tier Tribunal (in relation to disability). You must do this within 6 months of the suspension or permanent exclusion.