Exclusions

There are only 2 types of exclusions that are lawful:

1. Suspension – where a pupil is excluded for a fixed period of time.
2. Permanent Exclusion – where a pupil is unable to return to that school.

All exclusions must be formally recorded.

Informal or unofficial exclusions, including sending pupils home to calm down or because a school does not have resources to meet their needs, are unlawful, even if they occur with the agreement of the parents.

Part-time timetables should never be used to manage a child’s behaviour.

Everything possible should be done to avoid excluding. For children with SEND this includes considering whether their behaviour arises from unmet needs and whether it would be appropriate to reassess their needs and/or review their support.

For children with SEND, schools must consider whether it is appropriate to apply general behaviour policies or whether an adjustment to the policy is necessary to meet the child’s needs.

• For the first 5 days after a permanent exclusion, the school is responsible for setting work.
• From the 6^th day, the local authority is responsible for arranging the child’s education.

If you disagree with a suspension of exclusion, you can ‘make representations’ to the school’s board of governors.

• For suspensions of 1-5 days, governors are unable to change the exclusions but can record their response on your child’s file.
• For suspensions of 6-15 days, the governors must hold a meeting if you request one.
• For suspensions of 15+ days the governors must hold a ‘Discipline Committee’ review meeting and invite the parents and child. The committee can uphold the exclusion, or reinstate the child immediately or on an agreed date.
• For permanent exclusions the governors must hold a Disciple Committee review meeting and invite the parents and child. The committee can uphold the exclusion, or reinstate the child immediately or on an agreed date.
• For permanent exclusions, if you disagree with the outcome of the Governor’s Disciplinary Committee, you can request that the decision is reviewed by an Independent Review Panel.

For more detailed information, please see the school exclusions factsheet.

You can also find free advice on the School Exclusions Hub of the Child Law Advice service.

You can also find free advice on the IPSEA exclusion pages.

The Autism Education Trust (AET) is now the Neuroinclusive Education Network (NEN), part of the National Autistic Society. They have created this guide for parents to help them understand school exclusions, especially for autistic children and what their rights are. It explains that schools should support children’s needs, make fair decisions, and try to help before choosing to exclude a child. Click here to read more.