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. Where the needs of your child have changed significantly you could consider requesting re-assessment (see chapter 9.187 to 9.192 of the SEND Code of Practice 2015)
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.
More information about this process can be found within our EHC webpages.