Permanent exclusion


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

Image depicts a gavel (hammer used by judges)  Section 16, Department for Education 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.

Watch this UCL video explaining the Head teacher's decision and duties:



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If your child has an EHC plan also take a look at our page 'with an EHC plan'

If you have any questions or concerns about an exclusion decision:

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.

They should be in contact with you following a permanent exclusion but you can contact them with any questions or concerns:

The Suffolk County Council Inclusion Service & how to contact them.

What if I don't agree with the exclusion?


  • 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 3.13 of the Department for Education 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


Image depicts a gavel (hammer used by judges)

The Department for Education Exclusions Guidance 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) 

Image depicts a gavel (hammer used by judges)

The Department for Education Exclusions Guidance says: 

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. (Annex C - A guide for parents and carers under 'arrangements for my child after exclusion')



Frequently asked questions (exclusions)