IPSEA

Exclusion, SEN and disability:
support sheets

If your child has been excluded and is disabled and/or has special educational needs, both schools and local authorities have duties towards you and your child.

On this page you can find the support sheet to fit your situation, offering information and options on how to take your case forward.

• First, find the length of your child's exclusion in the table below.
• Then work out which SEN situation you're in and use the link to the appropriate support sheet.
• You can also download the support sheet as a PDF file from the link to the left of the web version.

Note: a quantified statement will say what kind of person should deliver the help, how often and how long for -- for example, a specialist teacher for two hours a week, a speech therapist for 40 minutes a week, a trained and experienced LSA for 20 hours a week, etc.

Disability discrimination questions

If you believe that the exclusion was unfair, you should consider these issues:

1. Is my child disabled (as defined by the Disability Discrimination Act)? Download this checklist to find out.
2. Was the exclusion for a reason related to my child's disability?
3. Was the exclusion justified, e.g. were there other actions which you think the school could have taken, instead of excluding your child?
4. Can you think of any reasonable steps which the school could have taken to prevent the situation which led to the exclusion e.g. providing extra support, asking for advice from the LEA, asking the LEA to undertake a statutory assessment?

Note: no child should be excluded for a fixed period if as a result they would have been excluded for more than 45 days in that school year.

Advice on writing 'written representations' for the Governors …

If you can, give credit where it is due, even if you are angry:

• For example, find something positive to say early on in your written statement, e.g.:

  "We have been really impressed with the quality of help Matthew has received from his class teacher and with her level of commitment to him …"

• If you accept that your child's behaviour was a real problem, then say so, e.g.:

  "We have made it very clear to Matthew that we are not at all happy with his behaviour. We are trying hard to back the school."

• Acknowledge that teachers in schools have a difficult job, e.g.:

  "We understand the pressures that there are on class teachers in schools nowadays …"

• If you believe that the school has problems due to lack of resources, then say so, e.g.:

  "Of course we are aware that there are real problems with resources in schools …"

But also make clear why you believe the exclusion was unfair:

• For example, if the school is aware of Matthew's difficulties, point this out, e.g.

  "We explained again, at the last parents' evening, that it is important for all staff to be aware of Matthew's special needs …"

• If you can, give a positive example of how the exclusion might have been avoided, e.g.:

  "It would have helped if he had been allowed time to calm down. He reacts badly to orders when he is agitated and he detests physical contact, so ordering him immediately to say 'sorry' and shake hands with the pupil who had been taunting him was not the best way to handle him …"

• Refer to the Government's guidance to head teachers (in Improving Behaviour and Attendance):

  "The Secretary of State's guidance to schools says that exclusion should normally only happen: 'if allowing the pupil to remain in school would seriously harm the education or welfare of the pupil or others in the school.' Matthew did not pose a threat to anyone or to himself. In addition, the guidance says: 'Schools should also make every effort to avoid excluding pupils who are being supported at School Action or School Action Plus.' It seems to us that Matthew was excluded without this guidance being considered."

• Refer to the Disability Discrimination Act:

  "It seems to us that Matthew's exclusion was not justified and that there were 'reasonable steps' which could have been taken to avoid it. For these reasons, and because Matthew is disabled, the exclusion could have been 'disability discrimination' under the Disability Discrimination Act 1995. However, rather than going down the legal route, we would much prefer to try to work with the school in order to obtain the right kind and amount of provision to support the school in meeting Matthew's needs. For example, Matthew does not have a Statement and we would very much welcome the governors' support with our application to the LEA for statutory assessment …"

Back to top

Disability discrimination questions

If you believe that the exclusion was unfair, you should consider these issues:

1. Is my child disabled (as defined by the Disability Discrimination Act)? Download this checklist to find out.
2. Was the exclusion for a reason related to my child's disability?
3. Was the exclusion justified e.g. were there other actions which you think the school could have taken, instead of excluding your child?
4. Can you think of any reasonable steps which the school could have taken to prevent the situation which led to the exclusion e.g. providing extra support, asking the LEA to provide additional training for staff, informing the LEA that the provision specified in the Statement is not being arranged?

Note: no child should be excluded for a fixed period if as a result they would have been excluded for more than 45 days in that school year.

Advice on writing 'written representations' to the Governors …

If you can, give credit where it is due, even if you are angry:

• For example, find something positive to say early on in your written statement, e.g.:

  "We have been really impressed with the quality of help Matthew has received from his class teacher and with her level of commitment to him …"

• If you accept that your child's behaviour was a real problem, then say so, e.g.:

  "We have made it very clear to Matthew that we are not at all happy with his behaviour. We are trying hard to back the school."

• Acknowledge that teachers in schools have a difficult job, e.g.:

  "We understand the pressures that there are on class teachers in schools nowadays …"

• If you believe that the school has problems due to lack of resources, then say so, e.g.:

  "Of course we are aware that there are real problems with resources in schools …"

But also make clear why you believe the exclusion was unfair:

• For example, if the school is aware of Matthew's difficulties, point this out, e.g.

  "Matthew's Statement specifies that it is important for all staff to be aware of Matthew's special needs …"

• If you can, give a positive example of how the exclusion might have been avoided, e.g.:

  "It would have helped if he had been allowed time to calm down. He reacts badly to orders when he is agitated and he detests physical contact. This is clearly described in the Educational Psychologist's Advice, which the school has a copy of. Ordering him immediately to say 'sorry' and shake hands with the pupil who had been taunting him was not the best way to handle him."

• Refer to the Government's guidance to head teachers (in Improving Behaviour and Attendance):

  "The Secretary of State's guidance to schools says that exclusion should normally only happen: 'if allowing the pupil to remain in school would seriously harm the education or welfare of the pupil or others in the school.' Matthew did not pose a threat to anyone or to himself. In addition, the guidance says: 'Schools should also make every effort to avoid excluding pupils who are being supported under the Special Educational Needs Code of Practice.' It seems to us that Matthew was excluded without this guidance being considered."

• Refer to the Disability Discrimination Act:

  "It seems to us that Matthew's exclusion was not justified and that there were 'reasonable steps' which could have been taken to avoid it. For these reasons, and because Matthew is disabled, the exclusion could have been 'disability discrimination' under the Disability Discrimination Act 1995. However, rather than going down the legal route, we would much prefer to try to work with the school in order to obtain the right kind and amount of provision to support the school in meeting Matthew's needs. For example, Matthew is not currently getting the provision which is specified on his Statement and we would welcome the governors' support in bringing this to the LEA's attention."

Back to top

Disability discrimination questions

If you believe that the exclusion was unfair, you should consider these issues:

1. Is my child disabled (as defined by the Disability Discrimination Act)? Download this checklist to find out.
2. Was the exclusion for a reason related to my child's disability?
3. Was the exclusion justified e.g. were there other actions which you think the school could have taken, instead of excluding your child?
4. Can you think of any reasonable steps which the school could have taken to prevent the situation which led to the exclusion e.g. providing extra support, asking the LEA to provide additional training for staff, informing the LEA that the provision specified in the Statement is not being arranged?

Note: no child should be excluded for a fixed period if as a result they would have been excluded for more than 45 days in that school year.

Advice on writing 'written representations' to the Governors …

If you can, give credit where it is due, even if you are angry:

• For example, find something positive to say early on in your written statement, e.g.:

  "We have been really impressed with the quality of help Matthew has received from his class teacher and with her level of commitment to him …"

• If you accept that your child's behaviour was a real problem, then say so, e.g.:

  "We have made it very clear to Matthew that we are not at all happy with his behaviour. We are trying hard to back the school."

• Acknowledge that teachers in schools have a difficult job, e.g.:

  "We understand the pressures that there are on class teachers in schools nowadays …"

• If you believe that the school has problems due to lack of resources, then say so, e.g.:

  "Of course we are aware that there are real problems with resources in schools …"

But also make clear why you believe the exclusion was unfair:

• For example, if the school is aware of Matthew's difficulties, point this out, e.g.

  "Matthew's Statement specifies that it is important for all staff to be aware of Matthew's special needs …"

• If you can, give a positive example of how the exclusion might have been avoided, e.g.:

  "It would have helped if he had been allowed time to calm down. He reacts badly to orders when he is agitated and he detests physical contact. This is clearly described in the Educational Psychologist's Advice, which the school has a copy of. Ordering him immediately to say 'sorry' and shake hands with the pupil who had been taunting him was not the best way to handle him."

• Refer to the Government's guidance to head teachers (in Improving Behaviour and Attendance):

  "The Secretary of State's guidance to schools says that exclusion should normally only happen: 'if allowing the pupil to remain in school would seriously harm the education or welfare of the pupil or others in the school.' Matthew did not pose a threat to anyone or to himself. In addition, the guidance says: 'Schools should also make every effort to avoid excluding pupils who are being supported under the Special Educational Needs Code of Practice.' It seems to us that Matthew was excluded without this guidance being considered."

• Refer to the Disability Discrimination Act:

  "It seems to us that Matthew's exclusion was not justified and that there were 'reasonable steps' which could have been taken to avoid it. For these reasons, and because Matthew is disabled, the exclusion could have been 'disability discrimination' under Disability Discrimination Act 1995. However, rather than going down the legal route, we would much prefer to try to work with the school in order to obtain the right amount of provision to support the school in meeting Matthew's needs. For example, Matthew's provision is not clearly quantified on his Statement and we would welcome the governors' support with our request to the LEA to amend the Statement."

Back to top

Disability discrimination questions

If you believe that the exclusion was unfair, you should consider these issues:

1. Is my child disabled (as defined by the Disability Discrimination Act)? Download this checklist to find out.
2. Was the exclusion for a reason related to my child's disability?
3. Was the exclusion justified e.g. were there other actions which you think the school could have taken, instead of excluding your child?
4. Can you think of any reasonable steps which the school could have taken to prevent the situation which led to the exclusion e.g. providing extra support, asking the LEA to provide additional training for staff, informing the LEA that the provision specified in the Statement is not being arranged?

Note: no child should be excluded for a fixed period if as a result they would have been excluded for more than 45 days in that school year.

Advice on writing 'written representations' to the Governors …

If you can, give credit where it is due, even if you are angry:

• For example, find something positive to say early on in your written statement, e.g.:

  "We have been really impressed with the quality of help Matthew has received from his class teacher and with her level of commitment to him …"

• If you accept that your child's behaviour was a real problem, then say so, e.g.:

  "We have made it very clear to Matthew that we are not at all happy with his behaviour. We are trying hard to back the school."

• Acknowledge that teachers in schools have a difficult job, e.g.:

  "We understand the pressures that there are on class teachers in schools nowadays …"

• If you believe that the school has problems due to lack of resources, then say so, e.g.:

  "Of course we are aware that there are real problems with resources in schools …"

But also make clear why you believe the exclusion was unfair:

• For example, if the school is aware of Matthew's difficulties, point this out, e.g.

  "We explained again, at the last parents' evening, that it is important for all staff to be aware of Matthew's special needs …"

• If you can, give a positive example of how the exclusion might have been avoided, e.g.:

  "It would have helped if he had been allowed time to calm down. He reacts badly to orders when he is agitated and he detests physical contact, so ordering him immediately to say 'sorry' and shake hands with the pupil who had been taunting him was not the best way to handle him …"

• Refer to the Government's guidance to head teachers (in Improving Behaviour and Attendance):

  "The Secretary of State's guidance to schools says that exclusion should normally only happen: 'if allowing the pupil to remain in school would seriously harm the education or welfare of the pupil or others in the school.' Matthew did not pose a threat to anyone or to himself. In addition, the guidance says: 'Schools should also make every effort to avoid excluding pupils who are being supported at School Action or School Action Plus.' It seems to us that Matthew was excluded without this guidance being considered."

• Refer to the Disability Discrimination Act:

  "It seems to us that Matthew's exclusion was not justified and that there were 'reasonable steps' which could have been taken to avoid it. For these reasons, and because Matthew is disabled, the exclusion could have been 'disability discrimination' under the Disability Discrimination Act 1995. However, rather than going down the legal route, we would much prefer to try to work with the school in order to obtain the right amount of provision to support the school in meeting Matthew's needs. For example, Matthew does not have a Statement and we would very much welcome the governors' support with our application to the LEA for statutory assessment …"

Back to top

Disability discrimination questions

If you believe that the exclusion was unfair, you should consider these issues:

1. Is my child disabled (as defined by the Disability Discrimination Act)? Download this checklist to find out.
2. Was the exclusion for a reason related to my child's disability?
3. Was the exclusion justified e.g. were there other actions which you think the school could have taken, instead of excluding your child?
4. Can you think of any reasonable steps which the school could have taken to prevent the situation which led to the exclusion e.g. providing extra support, asking the LEA to provide additional training for staff, informing the LEA that the provision specified in the Statement is not being arranged?

Note: no child should be excluded for a fixed period if as a result they would have been excluded for more than 45 days in that school year.

Advice on writing 'written representations' to the Governors …

If you can, give credit where it is due, even if you are angry:

• For example, find something positive to say early on in your written statement, e.g.:

  "We have been really impressed with the quality of help Matthew has received from his class teacher and with her level of commitment to him …"

• If you accept that your child's behaviour was a real problem, then say so, e.g.:

  "We have made it very clear to Matthew that we are not at all happy with his behaviour. We are trying hard to back the school."

• Acknowledge that teachers in schools have a difficult job, e.g.:

  "We understand the pressures that there are on class teachers in schools nowadays …"

• If you believe that the school has problems due to lack of resources, then say so, e.g.:

  "Of course we are aware that there are real problems with resources in schools …"

But also make clear why you believe the exclusion was unfair:

• For example, if the school is aware of Matthew's difficulties, point this out, e.g.

  "Matthew's Statement specifies that it is important for all staff to be aware of Matthew's special needs …"

• If you can, give a positive example of how the exclusion might have been avoided, e.g.:

  "It would have helped if he had been allowed time to calm down. He reacts badly to orders when he is agitated and he detests physical contact. This is clearly described in the Educational Psychologist's Advice, which the school has a copy of. Ordering him immediately to say 'sorry' and shake hands with the pupil who had been taunting him was not the best way to handle him."

• Refer to the Government's guidance to head teachers (in Improving Behaviour and Attendance):

  "The Secretary of State's guidance to schools says that exclusion should normally only happen: 'if allowing the pupil to remain in school would seriously harm the education or welfare of the pupil or others in the school.' Matthew did not pose a threat to anyone or to himself. In addition, the guidance says: 'Schools should also make every effort to avoid excluding pupils who are being supported under the Special Educational Needs Code of Practice.' It seems to us that Matthew was excluded without this guidance being considered."

• Refer to the Disability Discrimination Act:

  "It seems to us that Matthew's exclusion was not justified and that there were 'reasonable steps' which could have been taken to avoid it. For these reasons, and because Matthew is disabled, the exclusion could have been 'disability discrimination' under the Disability Discrimination Act 1995. However, rather than going down the legal route, we would much prefer to try to work with the school in order to obtain the right kind and amount of provision to support the school in meeting Matthew's needs. For example, Matthew is not currently getting the provision which is specified on his Statement and we would welcome the governors' support in bringing this to the LEA's attention."

Back to top

Disability discrimination questions

If you believe that the exclusion was unfair, you should consider these issues:

1. Is my child disabled (as defined by the Disability Discrimination Act)? Download this checklist to find out.
2. Was the exclusion for a reason related to my child's disability?
3. Was the exclusion justified e.g. were there other actions which you think the school could have taken, instead of excluding your child?
4. Can you think of any reasonable steps which the school could have taken to prevent the situation which led to the exclusion e.g. providing extra support, asking the LEA to provide additional training for staff, informing the LEA that the provision specified in the Statement is not being arranged?

Note: no child should be excluded for a fixed period if as a result they would have been excluded for more than 45 days in that school year.

Advice on writing 'written representations' to the Governors …

If you can, give credit where it is due, even if you are angry:

• For example, find something positive to say early on in your written statement, e.g.:

  "We have been really impressed with the quality of help Matthew has received from his class teacher and with her level of commitment to him …"

• If you accept that your child's behaviour was a real problem, then say so, e.g.:

  "We have made it very clear to Matthew that we are not at all happy with his behaviour. We are trying hard to back the school."

• Acknowledge that teachers in schools have a difficult job, e.g.:

  "We understand the pressures that there are on class teachers in schools nowadays …"

• If you believe that the school has problems due to lack of resources, then say so, e.g.:

  "Of course we are aware that there are real problems with resources in schools …"

But also make clear why you believe the exclusion was unfair:

• For example, if the school is aware of Matthew's difficulties, point this out, e.g.

  "Matthew's Statement specifies that it is important for all staff to be aware of Matthew's special needs …"

• If you can, give a positive example of how the exclusion might have been avoided, e.g.:

  "It would have helped if he had been allowed time to calm down. He reacts badly to orders when he is agitated and he detests physical contact. This is clearly described in the Educational Psychologist's Advice, which the school has a copy of. Ordering him immediately to say 'sorry' and shake hands with the pupil who had been taunting him was not the best way to handle him."

• Refer to the Government's guidance to head teachers (in Improving Behaviour and Attendance):

  "The Secretary of State's guidance to schools says that exclusion should normally only happen: 'if allowing the pupil to remain in school would seriously harm the education or welfare of the pupil or others in the school.' Matthew did not pose a threat to anyone or to himself. In addition, the guidance says: 'Schools should also make every effort to avoid excluding pupils who are being supported under the Special Educational Needs Code of Practice.' It seems to us that Matthew was excluded without this guidance being considered."

• Refer to the Disability Discrimination Act:

  "It seems to us that Matthew's exclusion was not justified and that there were 'reasonable steps' which could have been taken to avoid it. For these reasons, and because Matthew is disabled, the exclusion could have been 'disability discrimination' under the Disability Discrimination Act 1995. However, rather than going down the legal route, we would much prefer to try to work with the school in order to obtain the right amount of provision to support the school in meeting Matthew's needs. For example, Matthew's provision is not clearly quantified on his Statement and we would welcome the governors' support with our request to the LEA to amend the Statement."

Back to top

Disability discrimination questions

If you believe that the exclusion was unfair, you should consider these issues:

1. Is my child disabled (as defined by the Disability Discrimination Act)? Download this checklist to find out.
2. Was the exclusion for a reason related to my child's disability?
3. Was the exclusion justified e.g. were there other actions which you think the school could have taken, instead of excluding your child?
4. Can you think of any reasonable steps which the school could have taken to prevent the situation which led to the exclusion e.g. providing extra support, asking the LEA to provide additional training for staff, informing the LEA that the provision specified in the Statement is not being arranged?

Note: no child should be excluded for a fixed period if as a result they would have been excluded for more than 45 days in that school year.

Advice on writing 'written representations' to the Governors …

If you can, give credit where it is due, even if you are angry:

• For example, find something positive to say early on in your written statement, e.g.:

  "We have been really impressed with the quality of help Matthew has received from his class teacher and with her level of commitment to him …"

• If you accept that your child's behaviour was a real problem, then say so, e.g.:

  "We have made it very clear to Matthew that we are not at all happy with his behaviour. We are trying hard to back the school."

• Acknowledge that teachers in schools have a difficult job, e.g.:

  "We understand the pressures that there are on class teachers in schools nowadays …"

• If you believe that the school has problems due to lack of resources, then say so, e.g.:

  "Of course we are aware that there are real problems with resources in schools …"

But also make clear why you believe the exclusion was unfair:

• For example, if the school is aware of Matthew's difficulties, point this out, e.g.

  "We explained again, at the last parents' evening, that it is important for all staff to be aware of Matthew's special needs …"

• If you can, give a positive example of how the exclusion might have been avoided, e.g.:

  "It would have helped if he had been allowed time to calm down. He reacts badly to orders when he is agitated and he detests physical contact, so ordering him immediately to say 'sorry' and shake hands with the pupil who had been taunting him was not the best way to handle him …"

• Refer to the Government's guidance to head teachers (in Improving Behaviour and Attendance):

  "The Secretary of State's guidance to schools says that exclusion should normally only happen: 'if allowing the pupil to remain in school would seriously harm the education or welfare of the pupil or others in the school.' Matthew did not pose a threat to anyone or to himself. In addition, the guidance says: 'Schools should also make every effort to avoid excluding pupils who are being supported at School Action or School Action Plus.' It seems to us that Matthew was excluded without this guidance being considered."

• Refer to the Disability Discrimination Act:

  "It seems to us that Matthew's exclusion was not justified and that there were 'reasonable steps' which could have been taken to avoid it. For these reasons, and because Matthew is disabled, the exclusion could have been 'disability discrimination' under the Disability Discrimination Act 1995. However, rather than going down the legal route, we would much prefer to try to work with the school in order to obtain the right amount of provision to support the school in meeting Matthew's needs. For example, Matthew does not have a Statement and we would very much welcome the governors' support with our application to the LEA for statutory assessment …"

Back to top

Disability discrimination questions

If you believe that the exclusion was unfair, you should consider these issues:

1. Is my child disabled (as defined by the Disability Discrimination Act)? Download this checklist to find out.
2. Was the exclusion for a reason related to my child's disability?
3. Was the exclusion justified e.g. were there other actions which you think the school could have taken, instead of excluding your child?
4. Can you think of any reasonable steps which the school could have taken to prevent the situation which led to the exclusion e.g. providing extra support, asking the LEA to provide additional training for staff, informing the LEA that the provision specified in the Statement is not being arranged?

Note: no child should be excluded for a fixed period if as a result they would have been excluded for more than 45 days in that school year.

Advice on writing 'written representations' to the Governors …

If you can, give credit where it is due, even if you are angry:

• For example, find something positive to say early on in your written statement, e.g.:

  "We have been really impressed with the quality of help Matthew has received from his class teacher and with her level of commitment to him …"

• If you accept that your child's behaviour was a real problem, then say so, e.g.:

  "We have made it very clear to Matthew that we are not at all happy with his behaviour. We are trying hard to back the school."

• Acknowledge that teachers in schools have a difficult job, e.g.:

  "We understand the pressures that there are on class teachers in schools nowadays …"

• If you believe that the school has problems due to lack of resources, then say so, e.g.:

  "Of course we are aware that there are real problems with resources in schools …"

But also make clear why you believe the exclusion was unfair:

• For example, if the school is aware of Matthew's difficulties, point this out, e.g.

  "Matthew's Statement specifies that it is important for all staff to be aware of Matthew's special needs …"

• If you can, give a positive example of how the exclusion might have been avoided, e.g.:

  "It would have helped if he had been allowed time to calm down. He reacts badly to orders when he is agitated and he detests physical contact. This is clearly described in the Educational Psychologist's Advice, which the school has a copy of. Ordering him immediately to say 'sorry' and shake hands with the pupil who had been taunting him was not the best way to handle him."

• Refer to the Government's guidance to head teachers (in Improving Behaviour and Attendance):

  "The Secretary of State's guidance to schools says that exclusion should normally only happen: 'if allowing the pupil to remain in school would seriously harm the education or welfare of the pupil or others in the school.' Matthew did not pose a threat to anyone or to himself. In addition, the guidance says: 'Schools should also make every effort to avoid excluding pupils who are being supported under the Special Educational Needs Code of Practice.' It seems to us that Matthew was excluded without this guidance being considered."

• Refer to the Disability Discrimination Act:

  "It seems to us that Matthew's exclusion was not justified and that there were 'reasonable steps' which could have been taken to avoid it. For these reasons, and because Matthew is disabled, the exclusion could have been 'disability discrimination' under the Disability Discrimination Act 1995. However, rather than going down the legal route, we would much prefer to try to work with the school in order to obtain the right amount of provision to support the school in meeting Matthew's needs. For example, Matthew is not currently getting the provision which is specified on his Statement and we would welcome the governors' support in bringing this to the LEA's attention."

Back to top

Disability discrimination questions

If you believe that the exclusion was unfair, you should consider these issues:

1. Is my child disabled (as defined by the Disability Discrimination Act)? Download this checklist to find out.
2. Was the exclusion for a reason related to my child's disability?
3. Was the exclusion justified e.g. were there other actions which you think the school could have taken, instead of excluding your child?
4. Can you think of any reasonable steps which the school could have taken to prevent the situation which led to the exclusion e.g. providing extra support, asking the LEA to provide additional training for staff, informing the LEA that the provision specified in the Statement is not being arranged?

Note: no child should be excluded for a fixed period if as a result they would have been excluded for more than 45 days in that school year.

Advice on writing 'written representations' to the Governors …

If you can, give credit where it is due, even if you are angry:

• For example, find something positive to say early on in your written statement, e.g.:

  "We have been really impressed with the quality of help Matthew has received from his class teacher and with her level of commitment to him …"

• If you accept that your child's behaviour was a real problem, then say so, e.g.:

  "We have made it very clear to Matthew that we are not at all happy with his behaviour. We are trying hard to back the school."

• Acknowledge that teachers in schools have a difficult job, e.g.:

  "We understand the pressures that there are on class teachers in schools nowadays …"

• If you believe that the school has problems due to lack of resources, then say so, e.g.:

  "Of course we are aware that there are real problems with resources in schools …"

But also make clear why you believe the exclusion was unfair:

• For example, if the school is aware of Matthew's difficulties, point this out, e.g.

  "Matthew's Statement specifies that it is important for all staff to be aware of Matthew's special needs …"

• If you can, give a positive example of how the exclusion might have been avoided, e.g.:

  "It would have helped if he had been allowed time to calm down. He reacts badly to orders when he is agitated and he detests physical contact. This is clearly described in the Educational Psychologist's Advice, which the school has a copy of. Ordering him immediately to say 'sorry' and shake hands with the pupil who had been taunting him was not the best way to handle him."

• Refer to the Government's guidance to head teachers (in Improving Behaviour and Attendance):

  "The Secretary of State's guidance to schools says that exclusion should normally only happen: 'if allowing the pupil to remain in school would seriously harm the education or welfare of the pupil or others in the school.' Matthew did not pose a threat to anyone or to himself. In addition, the guidance says: 'Schools should also make every effort to avoid excluding pupils who are being supported under the Special Educational Needs Code of Practice.' It seems to us that Matthew was excluded without this guidance being considered."

• Refer to the Disability Discrimination Act:

  "It seems to us that Matthew's exclusion was not justified and that there were 'reasonable steps' which could have been taken to avoid it. For these reasons, and because Matthew is disabled, the exclusion could have been 'disability discrimination' under the Disability Discrimination Act 1995. However, rather than going down the legal route, we would much prefer to try to work with the school in order to obtain the right amount of provision to support the school in meeting Matthew's needs. For example, Matthew's provision is not clearly quantified on his Statement and we would welcome the governors' support with our request to the LEA to amend the Statement."

Back to top

Disability discrimination questions

If you believe that the exclusion was unfair, you should consider these issues:

1. Is my child disabled (as defined by the Disability Discrimination Act)? Download this checklist to find out.
2. Was the exclusion for a reason related to my child's disability?
3. Was the exclusion justified e.g. were there other actions which you think the school could have taken, instead of excluding your child?
4. Can you think of any reasonable steps which the school could have taken to prevent the situation which led to the exclusion e.g. providing extra support, asking the LEA to provide additional training for staff, informing the LEA that the provision specified in the Statement is not being arranged?

Advice on writing 'written representations' to the Governors …

If you can, give credit where it is due, even if you are angry:

• For example, find something positive to say early on in your written statement, e.g.:

  "We have been really impressed with the quality of help Matthew has received from his class teacher and with her level of commitment to him …"

• If you accept that your child's behaviour was a real problem, then say so, e.g.:

  "We have made it very clear to Matthew that we are not at all happy with his behaviour. We are trying hard to back the school."

• Acknowledge that teachers in schools have a difficult job, e.g.:

  "We understand the pressures that there are on class teachers in schools nowadays …"

• If you believe that the school has problems due to lack of resources, then say so, e.g.:

  "Of course we are aware that there are real problems with resources in schools …"

But also make clear why you believe the exclusion was unfair:

1. For example, if the school is aware of Matthew's difficulties, point this out, e.g.

   "We explained again, at the last parents' evening, that it is important for all staff to be aware of Matthew's special needs …"

2. If you can, give a positive example of how the exclusion might have been avoided, e.g.:

   "It would have helped if he had been allowed time to calm down. He reacts badly to orders when he is agitated and he detests physical contact, so ordering him immediately to say 'sorry' and shake hands with the pupil who had been taunting him was not the best way to handle him …"

3. Refer to the Government's guidance to head teachers (in Improving Behaviour and Attendance):

   "The Secretary of State's guidance to schools says that exclusion should normally only happen: 'if allowing the pupil to remain in school would seriously harm the education or welfare of the pupil or others in the school.' Matthew did not pose a threat to anyone or to himself. In addition, the guidance says: 'Schools should also make every effort to avoid excluding pupils who are being supported under the Special Educational Needs Code of Practice.' It seems to us that Matthew was excluded without this guidance being considered."

4. Refer to the Disability Discrimination Act:

   "It seems to us that Matthew's exclusion was not justified and that there were 'reasonable steps' which could have been taken to avoid it. For these reasons, and because Matthew is disabled, the exclusion could have been 'disability discrimination' under the Disability Discrimination Act 1995. However, rather than going down the legal route, we would much prefer to try to work with the school in order to obtain the right amount of provision to support the school in meeting Matthew's needs. For example, Matthew does not have a Statement and we would very much welcome the governors' support with our application to the LEA for statutory assessment …"

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Disability discrimination questions

If you believe that the exclusion was unfair, you should consider these issues:

1. Is my child disabled (as defined by the Disability Discrimination Act)? Download this checklist to find out.
2. Was the exclusion for a reason related to my child's disability?
3. Was the exclusion justified e.g. were there other actions which you think the school could have taken, instead of excluding your child?
4. Can you think of any reasonable steps which the school could have taken to prevent the situation which led to the exclusion e.g. providing extra support, asking the LEA to provide additional training for staff, informing the LEA that the provision specified in the Statement is not being arranged?

Advice on writing 'written representations' to the Governors …

If you can, give credit where it is due, even if you are angry:

• For example, find something positive to say early on in your written statement, e.g.:

  "We have been really impressed with the quality of help Matthew has received from his class teacher and with her level of commitment to him …"

• If you accept that your child's behaviour was a real problem, then say so, e.g.:

  "We have made it very clear to Matthew that we are not at all happy with his behaviour. We are trying hard to back the school."

• Acknowledge that teachers in schools have a difficult job, e.g.:

  "We understand the pressures that there are on class teachers in schools nowadays …"

• If you believe that the school has problems due to lack of resources, then say so, e.g.:

  "Of course we are aware that there are real problems with resources in schools …"

But also make clear why you believe the exclusion was unfair:

• For example, if the school is aware of Matthew's difficulties, point this out, e.g.

  "Matthew's Statement specifies that it is important for all staff to be aware of Matthew's special needs …"

• If you can, give a positive example of how the exclusion might have been avoided, e.g.:

  "It would have helped if he had been allowed time to calm down. He reacts badly to orders when he is agitated and he detests physical contact. This is clearly described in the Educational Psychologist's Advice, which the school has a copy of. Ordering him immediately to say 'sorry' and shake hands with the pupil who had been taunting him was not the best way to handle him."

• Refer to the Government's guidance to head teachers (in Improving Behaviour and Attendance):

  "The Secretary of State's guidance to schools says that exclusion should normally only happen: 'if allowing the pupil to remain in school would seriously harm the education or welfare of the pupil or others in the school.' Matthew did not pose a threat to anyone or to himself. In addition, the guidance says: 'Other than in the most exceptional circumstances, schools should avoid permanently excluding pupils with statements.' It seems to us that Matthew was excluded without this guidance being considered."

• Refer to the Disability Discrimination Act:

  "It seems to us that Matthew's exclusion was not justified and that there were 'reasonable steps' which could have been taken to avoid it. For these reasons, and because Matthew is disabled, the exclusion could have been 'disability discrimination' under the Disability Discrimination Act 1995. However, rather than going down the legal route, we would much prefer to try to work with the school in order to obtain the right amount of provision to support the school in meeting Matthew's needs. For example, Matthew is not currently getting the provision which is specified on his Statement and we would welcome the governors' support in bringing this to the LEA's attention."

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Disability discrimination questions

If you believe that the exclusion was unfair, you should consider these issues:

1. Is my child disabled (as defined by the Disability Discrimination Act)? Download this checklist to find out.
2. Was the exclusion for a reason related to my child's disability?
3. Was the exclusion justified e.g. were there other actions which you think the school could have taken, instead of excluding your child?
4. Can you think of any reasonable steps which the school could have taken to prevent the situation which led to the exclusion e.g. providing extra support, asking the LEA to provide additional training for staff, informing the LEA that the provision specified in the Statement is not being arranged?

Advice on writing 'written representations' to the Governors …

If you can, give credit where it is due, even if you are angry:

• For example, find something positive to say early on in your written statement, e.g.:

  "We have been really impressed with the quality of help Matthew has received from his class teacher and with her level of commitment to him …"

• If you accept that your child's behaviour was a real problem, then say so, e.g.:

  "We have made it very clear to Matthew that we are not at all happy with his behaviour. We are trying hard to back the school."

• Acknowledge that teachers in schools have a difficult job, e.g.:

  "We understand the pressures that there are on class teachers in schools nowadays …"

• If you believe that the school has problems due to lack of resources, then say so, e.g.:

  "Of course we are aware that there are real problems with resources in schools …"

But also make clear why you believe the exclusion was unfair:

• For example, if the school is aware of Matthew's difficulties, point this out, e.g.

  "Matthew's Statement specifies that it is important for all staff to be aware of Matthew's special needs …"

• If you can, give a positive example of how the exclusion might have been avoided, e.g.:

  "It would have helped if he had been allowed time to calm down. He reacts badly to orders when he is agitated and he detests physical contact. This is clearly described in the Educational Psychologist's Advice, which the school has a copy of. Ordering him immediately to say 'sorry' and shake hands with the pupil who had been taunting him was not the best way to handle him."

• Refer to the Government's guidance to head teachers (in Improving Behaviour and Attendance):

  "The Secretary of State's guidance to schools says that exclusion should normally only happen: 'if allowing the pupil to remain in school would seriously harm the education or welfare of the pupil or others in the school.' Matthew did not pose a threat to anyone or to himself. In addition, the guidance says: 'Other than in the most exceptional circumstances, schools should avoid permanently excluding pupils with statements.' It seems to us that Matthew was excluded without this guidance being considered."

• Refer to the Disability Discrimination Act:

  "It seems to us that Matthew's exclusion was not justified and that there were 'reasonable steps' which could have been taken to avoid it. For these reasons, and because Matthew is disabled, the exclusion could have been 'disability discrimination' under the Disability Discrimination Act 1995. However, rather than going down the legal route, we would much prefer to try to work with the school in order to obtain the right amount of provision to support the school in meeting Matthew's needs. For example, Matthew's provision is not clearly quantified on his Statement and we would welcome the governors' support with our request to the LEA to amend the Statement."

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Writing to your LEA

1. You should write as soon as you learn that your child has been permanently excluded.
2. Write to the Director of Education. Your library, Citizen's Advice Bureau or council offices will give you the correct name and address if you don't know them.
3. Tell the Director the date by which the LEA will have a duty to provide full-time education for your child (i.e. 16 days after the exclusion).
4. Give your child's age and inform the Director of how many hours the LEA should provide (using the table above).
5. Give details of your child's special educational needs and of the provision which will be required in order for the alternative education provision to be 'suitable'.
6. If your child has a Statement, send a copy of it to the Director of Education along with your letter. Ask for details of how the LEA intends to make the special educational provision which is specified in Part 3 of the Statement.
7. Keep a copy of your letter.

If you need advice, call IPSEA on Freephone 0800 018 4016.

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