Exclusions

Information for Parents & Children

We can provide advice and support with placement breakdown and risk of fixed or permanent exclusion.

Please see our information explaining fixed term and permanent exclusion. There is also guidance for exclusions with an Education Health and Care Plan.

Here is some guidance on what to do if your child is excluded from school.

Do not edit this one
Fixed Term Exclusion

Schools must have regard to the SEND Code of Practice and the Equality Act 2010 (part 6 relates to schools), and the Head Teacher should consider whether assessment is required to identify any SEN, and that the appropriate provision is in place. See our information about support in schools.

If your child has an EHC plan also take a look at the information below ‘Exclusions with an EHC plan’

  • An exclusion can only be on disciplinary grounds, for example it would be unlawful to exclude a pupil simply because they have additional needs or a disability that the school feels it is unable to meet (see DfE Exclusions guidance).
  • In exceptional cases, where additional evidence has come to light, a fixed-term exclusion may be extended or converted to a Permanent exclusion.
  • Exclusions may only be given by the Head Teacher who has a duty to notify parents in writing and include the reason for the exclusion, the period of exclusion, parents rights to make representations to the governing body and how, and should also include links to sources of impartial advice and information.
  • The Head Teacher must immediately inform the governing body and the local authority of: a permanent exclusion; more than 15 days fixed-term exclusions in a term or where an exclusion results in a child missing an examination or national curriculum test.
  • The legal limit for number of fixed-term exclusion is 45 days in an academic year. (even where attended more than one school)

Where a pupil has received multiple exclusions or is approaching the legal limit of 45 school days of fixed-period exclusion in an academic year, the head teacher should consider whether exclusion is providing an effective sanction.

(section 20 of the Department for Education Exclusions guidance).

Read the government guidance around Alternative Provision.

You can also contact the local authority directly with any questions or concerns relating to exclusions, and alternative provision.

Permanent Exclusion

Permanent exclusions should be a last resort particularly for children with Special Educational Needs and in other vulnerable groups.

Section 16, Department for Education (DfE) statutory guidance says…

A decision to exclude a pupil permanently should only be taken:

  • in response to a serious breach or persistent breaches of the school’s behaviour policy; and
  • where allowing the pupil to remain in school would seriously harm the education or welfare of the pupil or others in the school.

The local authority has a duty to arrange suitable, full-time education for children of compulsory school age, from the sixth day of a permanent exclusion. If your child has an EHC plan also take a look at information below ‘Exclusions with an EHC plan’

You can contact the local authority directly with any questions or concerns relating to exclusions:

  • An exclusion can only be on disciplinary grounds, for example it would be unlawful to exclude a pupil simply because they have additional needs or a disability that the school feels it is unable to meet (see DfE Exclusions guidance).
  • In exceptional cases, where additional evidence has come to light, a fixed-term exclusion may be extended or converted to a Permanent exclusion.
  • Exclusions may only be given by the Head Teacher who has a duty to notify parents in writing and include the reason for the exclusion, the period of exclusion, parents rights to make representations to the governing body and how, and should also include links to sources of impartial advice and information.
  • The Head Teacher must immediately inform the governing body and the local authority of a permanent exclusion

The DfE Exclusions Guidance (September 2017) states that: “the law does not allow for extending a fixed period exclusion or converting a fixed period exclusion into a permanent exclusion. In exceptional cases, usually where further evidence has come to light, a further fixed period exclusion may be issued to begin immediately after the first fixed period ends; or a permanent exclusion may be issued to begin immediately after the end of the fixed period” (3.3)

The DfE Exclusions Guidance (September 2017) states that:
“If a parent wishes to raise a concern about lack of, or the quality of, education following a permanent exclusion (and their child is still of compulsory school age), parents should complain to the local authority”

Exclusions with an EHC Plan

The head teacher should, as far as possible, avoid permanently excluding any pupil with an EHC plan or a ‘looked after child.’ (Department for Education Exclusions Statutory Guidance, section 23).

For a child with ongoing behavioural difficulties, you will be able to discuss at the Annual Review how things are going for your child, request changes to the EHC plan about the support in place, and can request with the local authority where you believe further assessment or advice is needed.

You do not have to wait until the Annual Review if you are concerned about provision or the progress being made. You can contact the local authority to ask that they bring the Annual Review forward and include your reasons for the request.

The SEND Code of Practice says:

“Where a young person of compulsory school or participation age – i.e. under the age of 18 – is excluded from their education or training setting or leaves voluntarily, the local authority must not cease their EHC plan…the local authority must review the EHC plan and amend it as appropriate to ensure that the young person continues to receive education or training” (9.202) & SEND Regulations 2014 regs 22 & 29 (2)

This means that following a permanent exclusion for a child with an EHC plan, the local authority must review the plan. When deciding to amend an EHC plan following annual review, the local authority must send you a copy of the proposed amendments and advise you of your right to request a particular school.

Make an Enquiry

If you would like any further information or support please get in touch.

How Did We Do?

We try to provide the information, advice and support that you need.

Font Resize
Contrast