What is a school exclusion?
Schools (includes academies, free schools and pupil referral units) may exclude a pupil for breaches of their behaviour policy. An exclusion is for a given number of days known as ‘fixed-term’ or might be permanent.
Statistics show that a disproportionate number of children with SEN are excluded. Head teachers should consider what extra support might be needed to identify and address the needs of a child in order to reduce their risk of exclusion.
As a parent what can I do?
You could ask school whether further assessment might be needed to identify your child’s needs, and what other options there might be to support them.
You should be able to find a copy of the school’s SEN and behaviour policies on their website. There will also be a SEN information report available to view. If you can’t find these on the school website, request copies.
If you have any questions or concerns about an exclusion decision for your child, speak to the Head Teacher as soon as you are told about the exclusion. You can also contact the governing body if you have any concerns.
If you believe your child has been discriminated against under the Equality Act 2010 you can make a claim to the First Tier Tribunal for Disability Discrimination. If you take this route you must do so within six months of an incident (exclusion).
We can tell you what the law says and the responsibilities schools and the local authority have. You should find the answers to some of your questions by clicking the Frequently Asked Questions button or following the links below. You may also find it useful to read our section SEN Support.
You can contact the local authority directly with any questions or concerns relating to exclusions:
The statutory guidance for schools (including academies) is available on the Department for Education web pages:
Exclusions guidance for schools (Annex C, pages 55-61 is a guide for parents)
There is also some really useful information for parents via Child Law Advice:
Parents should not feel pressured into removing their child from school because of a threat of exclusion.
Equality and inclusion (how children with SEN are included in education, and adjustments for children with disabilities)