Exclusions

Decisions made to exclude a child from a school permanently or for a fixed period known as a 'suspension', is made by the head teacher. They must carefully consider the law when they make decisions. The decision must be recorded and the child's or yonug peson's parent/carer and school governors must be informed. The school must issue a letter to the parents notifying them of the exclusion and providing information about their legal rights in these circumstances.

Informal exclusions are illegal. An example of an informal exclusion is when a school may send a child home to ‘cool off’, or only allowing a child or young person in school for a reduced amount of time without parental agreement (See guidance on reduced timetables).

The two different types of exclusion are:

  • Suspension: A pupil is suspended from school for a limited period of time. After five days, the school must arrange alternative educational provision for the child or young person. The school has responsibility to provide school work for the pupil during the first five days of the exclusion. Once a child returns to school, measures should be taken by the school to make sure the absence does not affect the child's progress.  
     
  • Permanent Exclusions: Permanent exclusions are made when a head teacher decides that the school’s behaviour policy has been breached in a way that it is no longer appropriate for the child to remain in the school. 

(It is possible for a Fixed Period exclusion to be changed to a permanent exclusion if the reasoning is justified, and parents should be notified of this with a letter detailing the reason for the change, your rights and next steps)

What happens when my child is permanently excluded?
When a permanent exclusion occurs, the Council must arrange suitable full-time education, for example within a Pupil Referral Unit, by at least the sixth day of exclusion.

If the excluded pupil has an EHCP (Education Health Care Plan), the local authority must arrange an appropriate full-time placement in consultation with the pupil's parents. 

Can I appeal the exclusion?
Once the decision to exclude has been made, it will be reviewed by the school’s board of governors. You will be asked if you would like to make 'Representations' about the exclusion. This means you can write to the Governors explaining your point of view and any factors that you would like them to consider. It may be a good idea to write a representations letter and send this to the school ahead of the meeting with the Governors. At the meeting, you and your child have a right to present your case to the governors. You can represent yourself or request support or representation. Click the links below for information about support services who assist with representation.

Click here for advice on writing written representations to the Governors when an exclusion has taken place - IPSEA.org.uk

If the governing board agree with the head teacher and the exclusion is enforced, then you have the option of asking for the decision to be reviewed by an independent review panel (IRP).

The Equality Act 2010 states that schools must not discriminate against pupils on the basis of their sex, race, disability, religion, or sexual orientation. For pupils with SEND (special educational needs or disabilities), this includes a duty to make reasonable adjustments to policies and practices in accord with their needs.

If you feel the decision to exclude your child is discriminatory, you can make a claim to the First-Tier tribunal for disability discrimination or a County Court for other types of discrimination. Further information on Disability Discrimination and Exclusions can be found here - IPSEA.org.uk

Support Services for Exclusion

The following services may be able to assist you if your child has been excluded from school:

  • BLAM UK CIC provides a school exclusion appeal service and representation at exclusion hearings for black British students

  • SIAS offers information, advice and support to families of children and young people with special educational needs and disabilities, aged 0-25.  This includes support in relation to school exclusions

Information and resources

  • Coram School Exclusions Hub has free information and resources for professionals and community organisations supporting children and their families to challenge school exclusion

  • IPSEA's website contains resources and information related to the exclusion of children with SEND (special educational needs or disabilities)