School Exclusion Guidance for SEND Children
What parents and carers need to know about school exclusions, including your legal rights, the protections available for children with SEND, and where to get support.
Understanding School Exclusions
School exclusion is when a child is removed from school for disciplinary reasons. There are two types of exclusion in England: suspensions (previously called fixed-term exclusions) and permanent exclusions. A suspension is a temporary removal from school for a set number of days, while a permanent exclusion means the child is removed from the school roll entirely.
The Department for Education’s statutory guidance on exclusions (updated 2023) sets out the rules that schools must follow. Only the head teacher (or acting head teacher) has the power to exclude a pupil, and the decision must be lawful, rational, reasonable, fair, and proportionate. Exclusion should be used only as a last resort, after other strategies have been tried.
For children with special educational needs and disabilities, exclusion raises particular concerns. Research consistently shows that children with SEND are disproportionately excluded from school. The behaviour that leads to exclusion may be a manifestation of the child’s underlying needs — for example, a child with autism may struggle with unstructured time, or a child with ADHD may find it difficult to remain in their seat.
Understanding the legal framework around exclusion can help parents and carers respond effectively if their child is at risk of being excluded or has already been excluded.
Legal Protections for Children with SEND
Children with SEND have specific legal protections that are relevant in the context of exclusion. The Equality Act 2010 makes it unlawful for a school to discriminate against a disabled pupil, including by excluding them for behaviour that arises as a consequence of their disability.
Under the Equality Act, schools have a duty to make reasonable adjustments to prevent disabled pupils from being placed at a substantial disadvantage. This might include adjusting behaviour policies, providing additional support, or making changes to the learning environment. If a school excludes a child without first considering and making reasonable adjustments, the exclusion may be found to be discriminatory.
The SEND Code of Practice 2015 also emphasises that schools should consider whether a child’s behaviour might be related to unmet or insufficiently met special educational needs. Before deciding to exclude, the head teacher should consider what support is in place and whether additional assessment or provision might address the underlying needs.
If your child has an EHCP, the local authority has a duty to ensure that the provision described in the plan is being delivered. If the school is not providing the support set out in the plan, and this is contributing to the child’s behaviour, it may be worth raising this with the local authority before or alongside any exclusion process.
What to Do If Your Child Is Excluded
If your child is excluded from school, the head teacher must notify you without delay. For a suspension, the notification should include the reason for the exclusion, the number of days, and information about how you can make representations to the school’s governing body. For a permanent exclusion, the notification must include information about the independent review panel process.
You have the right to make representations to the governing body (or the management committee for academy schools). For suspensions of more than five school days in a term, you have the right to attend a meeting of the governing body’s discipline committee. For permanent exclusions, the governing body must meet to consider the exclusion and you have the right to attend this meeting, present your case, and be accompanied by a friend or representative.
If the governing body upholds a permanent exclusion, you can request an independent review panel (IRP). The IRP can uphold the decision, recommend that the governing body reconsider, or quash the decision and direct the governing body to reconsider. If you believe the exclusion was discriminatory, you can also make a disability discrimination claim to the SEND Tribunal.
Keeping detailed records is important. Note down dates, conversations with school staff, and any relevant correspondence. If your child has SEND, gather evidence of their needs and the support (or lack of support) that has been in place.
Alternatives to Exclusion
The Department for Education’s guidance makes clear that exclusion should be a last resort. There are a number of alternative approaches that schools can consider before excluding a child with SEND.
These alternatives might include a review of the child’s SEN support or EHCP to ensure their needs are being properly met; a referral for further assessment (for example, by an educational psychologist or specialist teacher); additional in-class support or a modified timetable; a managed move to another school by agreement; involvement of external support services such as behaviour support teams or mental health services; and restorative approaches that focus on repairing relationships rather than punishment.
Some families find it helpful to request an early review of their child’s EHCP or to ask for additional assessments if they believe the child’s needs have changed or are not fully understood. If the behaviour is linked to needs that are not being met, addressing those needs may be more effective than disciplinary measures.
It is also worth being aware of the concept of “informal” or “illegal” exclusions. Some schools may ask parents to keep their child at home without issuing a formal exclusion. This is unlawful. Every exclusion must be formally recorded and the correct process must be followed. If you believe your child has been informally excluded, organisations such as IPSEA and SOS!SEN can advise you on your options.
How ChildWize Can Support Families Facing Exclusion
Facing a school exclusion can be one of the most stressful experiences for a family. ChildWize connects you with specialists who can provide practical support during this difficult time.
Our child psychologists and behavioural support specialists can work with your child to understand the needs behind the behaviour and develop strategies that may reduce the risk of further exclusions. Our educational support specialists can advise on the exclusion process and help you prepare for meetings with the school or governing body.
If your child needs a professional assessment to help the school understand their needs better — for example, an assessment by an educational psychologist or a specialist in behaviour and attachment — you can book through ChildWize and receive a report that can be shared with the school.
We believe that every child deserves to be in school and to receive the support they need to learn and develop. If your child is at risk of exclusion or has been excluded, getting the right professional input can make a real difference to the outcome.
Frequently Asked Questions
Can a school exclude a child with an EHCP?
Yes, a child with an EHCP can be excluded, but the school must follow the correct process and must consider whether reasonable adjustments have been made. If the exclusion is related to behaviour arising from the child’s disability, it may be found to be discriminatory under the Equality Act 2010.
What is an illegal or informal exclusion?
An informal exclusion is when a school sends a child home or asks parents to keep them at home without issuing a formal exclusion. This is unlawful. All exclusions must be formally recorded, and parents must be given information about their rights. If you believe your child has been informally excluded, you can raise this with the school, the local authority, or Ofsted.
Can I appeal a permanent exclusion?
Yes. If the governing body upholds a permanent exclusion, you can request an independent review panel (IRP). If you believe the exclusion was discriminatory because of your child’s disability, you can also make a claim to the SEND Tribunal under the Equality Act 2010.
Does my child have to stay home during a suspension?
The school must set and mark work for the first five days of a suspension. From the sixth school day of a suspension, the school must arrange suitable full-time education. Your child should not be left without access to education during an exclusion.
Where can I get free advice about school exclusions?
Free advice is available from your local authority’s SEND Information, Advice and Support Service (SENDIASS), from IPSEA, SOS!SEN, and from the Coram Children’s Legal Centre. These organisations can help you understand your rights and the process.
Related Guides
Understanding the SEND Code of Practice
A parent-friendly guide to the key principles, rights, and processes set out in the SEND Code of Practice 2015, and what they mean for your child.
The EHCP Process Explained
A plain-language overview of the Education, Health and Care Plan process, from the initial request right through to annual reviews and amendments.
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