The law about exclusions and the statutory guidance which we’ve referred to only relates to children and young people who are attending a maintained school, an academy or a pupil referral unit. It applies to school sixth forms but not to sixth form colleges or FE colleges.  It doesn’t apply to non-maintained special schools or schools approved under section 41 of the Children & Families Act 2014 and it doesn’t apply to independent schools or colleges.

These types of education providers will have their own behaviour and exclusion policies and they must apply them.  It will be very important for parents/carers and young people to understand the behaviour and exclusion policies of the school or college the child/young person attends – ask to see these.

These policies have to be developed with consideration to the school/college’s duties under the Equality Act 2010 and the Equalities and Human Rights Commission has some useful information for those developing such policies here.

If you believe that your child/young person has been excluded as a result of their special educational needs not being met, you may need to consider whether an EHC needs assessment might be helpful. Or, if your child/young person has an EHC plan, consider whether their SEN and the provision to meet those needs is being arranged properly. If it is not, you should complain to the local authority. Alternatively, 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 the child or young person’s education, health and care needs.


If you haven’t been able to find the answer to your question on this page, you can book an appointment to speak with us.