A head teacher can exclude pupils for disciplinary reasons. This might be a temporary suspension, a fixed term exclusion or a permanent exclusion.
Fixed term exclusions can be for parts of the school day, like lunchtime, and should not exceed 45 days in a single school year.
Permanent exclusion is for serious or repeated breaches of school rules and when the pupil's presence harms others' education or welfare.
Informal exclusions, like sending a pupil home to "cool off," are illegal - even with the agreement of parents or carers. All exclusions must be formally recorded.
It's also illegal for a head teacher to exclude a student:
- for non-disciplinary reasons, such as additional needs or academic ability
- based on the actions of their parents
- for not meeting specific conditions before they return, such as attending a reintegration meeting
Children and young people with special educational needs (SEN) and school exclusion
Children with SEN and education, health and care (EHC) plans are more likely to be excluded from school, and are more vulnerable to the impacts of being excluded. Head teachers should provide extra support to reduce this risk and avoid permanent exclusions.
Schools should work with parents to support pupils with additional needs. If a pupil with an EHC plan shows concerning behaviour, schools should consider extra support or alternative placements, involving the local authority if needed. They should also review the suitability of the pupil's SEN provision and consider an early or emergency review of the EHC plan.
Disruptive behaviour often comes from unmet needs. Before excluding a pupil, schools should assess if the right support for SEN or disabilities is in place. Head teachers should also consider a multi-agency assessment to identify any underlying issues, such as unidentified SEN, mental health or family problems.
If your child is excluded
If your child is excluded, the school will call you immediately and follow up with a letter explaining the reason, duration, appeal information, return date, and a reintegration meeting invitation.
For exclusions over 5 school days, the school must provide full-time alternative education from the sixth day. They will inform you of the details at least 48 hours before it starts.
For permanent exclusions, the Local Authority will arrange alternative education from the sixth day at one of the following:
The school's Governing Board will review exclusions over 15 days in a term or permanent exclusions. They will notify you at least five days before the meeting and invite you to attend. For permanent exclusions, the Governors will either uphold the decision or reinstate the pupil.
If you disagree with the decision to exclude your child
If you disagree with the exclusion, try to talk to someone at the school. This could be the head teacher, deputy head, or your child's head of year.
If the school still wants to exclude your child, you can ask the Governing Board to review the decision. They will do this automatically if the exclusion is over 15 days in a term or is permanent. The Board will either agree with the exclusion or reinstate your child.
For permanent exclusions, if you disagree with the Governing Board's decision, you can request an independent review. Write to the Local Authority within 15 school days, explaining why you want a review. You can ask for an SEN expert to attend the review.
There is no further appeal for fixed-term exclusions unless you believe your child was discriminated against due to a disability. In that case, you can make a claim under the Equality Act 2010 to:
- the First-Tier Tribunal (Special Educational Needs and Disability) in the case of disability discrimination
- the County Court in the case of other discrimination.
SENDiass can help you with this process.
Getting support and advice with exclusion
When a child is excluded from their education setting you may need to speak to somebody for extra support or information. You can contact us by:
- telephone on 01202 093 123
- email at schoolinclusion@bcpcouncil.gov.uk