The points we make on this page only relate to pupils at maintained schools, Academy schools (not 16-19 Academies or 16-19 free schools), alternative provision Academies, and pupil referral units. If your child attends a different setting, please see our information on exclusion from those different settings.

1. Give credit if you can

If you can, give credit for things that the school has done right, even if you are angry.

For example, find something positive to say early on in your written statement. Words such as “We have been pleased with the help Matthew has received from his class teacher” if true may be a positive place to start.

2. Say why the exclusion was unfair

You should also say why you think the exclusion was unfair.

If the school is aware of your child’s difficulties for example, point this out. Words such as “We have explained that all staff should be aware of Matthew’s special educational needs” will show that the school was aware of your child’s needs.

If you can, give a positive example of how the exclusion might have been avoided. This will show that the exclusion could have been prevented had the school met your child’s needs. An example sentence could be: “It would have helped if he had been allowed time to calm down. He reacts badly to orders when he is agitated 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 statutory guidance 

You should refer to the guidance called “Suspension and permanent exclusion from maintained schools, academies and pupil referral units in England, including pupil movement”.

You can quote from the guidance what, for example, it says about exclusions being lawful, reasonable and fair. You might want to say something like: “The guidance says that the decision to exclude a pupil must be lawful, reasonable and fair. Given that Matthew did not pose a threat to anyone or to himself, we ask whether or not it was reasonable and fair to exclude him.”

You can also mention what the guidance says about pupils with SEN. An example sentence may say: “The guidance also says that schools should consider what additional support a pupil might need where they have concerns about the behaviour of a pupil with special educational needs. Matthew has special educational needs but it seems to us that Matthew was excluded without school considering what additional support he might need when his behaviour caused concerns.” 

4. Refer to the Equality Act 2010, if relevant

You can check our information on exclusion and disability discrimination to see whether the exclusion may have been discriminatory and in breach of the Equality Act 2010.

If you feel the exclusion may have been discriminatory, some example text might say:

“It seems to us that Matthew’s exclusion arose from his disability and was not a proportionate way of dealing with the situation and that there were ‘reasonable steps’ which could have been taken to avoid the exclusion. For these reasons, the exclusion might have constituted ‘disability discrimination’ under the Equality Act 2010.  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 an EHC plan and we would very much welcome the school’s support with our application to the LA for an EHC needs assessment.”