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.

If a school unfairly excludes a pupil with a disability, this could be disability discrimination.

A school might discriminate against a disabled child if they were aware of the child’s disability, and the exclusion was because the child is disabled or because of something which happened because of their disability. This could be because of a school policy which is discriminatory towards pupils with disabilities.

Check whether the school has made reasonable adjustments to accommodate the child’s disability (for example, giving the child SEN Support in school – see chapter 6 of the SEN and Disability Code of Practice).

Any amendments to a school’s behaviour policy  must be in accordance with the setting’s duties under the Equality Act 2010. However, the school may be able to argue that there was a legitimate reason for the exclusion such as health and safety.

If you think the school may have discriminated against your child, see our section on disability discrimination.