The law about exclusions and the statutory guidance which we’ve referred to on our exclusions pages only relates to children and young people who are attending a maintained school (including school sixth form), an Academy, or a pupil referral unit.

It does not apply to:

• sixth form colleges or Further Education (FE) colleges
• non-maintained special schools
• section 41 approved schools, or
• independent schools or colleges.

These types of education providers will have their own behaviour and exclusion policies and they must apply them.

You should ask to see the behaviour and exclusion policies of the school or college your child, or you as a young person, attends. This is because these policies will say how and when a pupil can be excluded from the setting. If there is anything in these policies which seems unclear or confusing, ask the SENCo or Head at the setting to explain it so that you understand what the policies say.

Settings cannot write these policies however they like. These policies have to be developed to comply with the school or college’s duties under the Equality Act 2010. The Equalities and Human Rights Commission has some useful information for those developing such policies.

Some practical tips

• If you think your child or young person has been excluded because of special educational needs not being met, an EHC needs assessment might be helpful.
• If your child or young person has an education, health and care (EHC) plan, think about whether their SEN and the provision to meet those needs is being arranged properly. If not, you should take action.
• If you think the EHC plan needs to be changed, you could ask for an early review of the EHC plan, or ask for a re-assessment of your child or young person’s education, health and care needs.
• If you think your child or young person has been excluded from a school due to discrimination, see our information about disability discrimination and exclusions.

If you haven’t been able to find the answer to your question on this page, you can take a look at our FAQs or book an appointment to speak with us.