My child has been permanently excluded, and I am going to challenge the decision. I want the exclusion to be deleted from their school record. Is this possible? Expand It is possible, but only in certain situations. If your child has been permanently excluded, the governing body must meet to consider this and will decide whether your child should be reinstated (allowed back to school). If they think the decision to permanently exclude your child was made lawfully, reasonably, and fairly, they will uphold the head teacher’s decision to exclude. Following this, you can ask for an independent review panel (IRP) to review the governing body’s decision not to reinstate your child. If the IRP decides that the governing body’s decision was faulty, it can tell the governing body to reconsider its decision. If the governors decide your child should be reinstated (whether following their meeting or following a direction by an IPR to reconsider), this will not lead to the exclusion being deleted from your child’s record. Instead, the record should be updated with the outcome, and the related paperwork will be attached their educational record. However, there are a few ways in which the exclusion can be deleted from their record. One way is by making a claim for disability discrimination in the SEND Tribunal. If it agrees that the exclusion was discriminatory, the SEND Tribunal can order that the record of the exclusion is removed (known as expunged). You can make this claim if you think your child: is disabled and was unfairly excluded, or isn’t disabled but was discriminated against because the school followed a policy which unfairly disadvantages them in the same way as it disadvantages disabled pupils. Another way this could happen is if you apply for the decision to be judicially reviewed by a court. The judge could use their discretion to make an order that the exclusion is removed from the record. So, if you want the exclusion deleted from your child’s records in either of these situations, you should ask for this when you make your claim/application so that it is considered part of the order that you are seeking. Please be aware that you can bring a claim of disability discrimination to the SEND Tribunal against any type of school, including an independent school. However, you can only ask the courts to judicially review a decision made by a public body. This means you cannot ask a court to judicially review a decision to exclude made by an independent school or non-maintained special school, for example.
My child keeps being put in isolation. The school has not formally excluded them yet but has said my child is at risk of being excluded. What can I do? What should the school be doing? Expand Increasingly, schools are using isolation, a serious sanction, as a behavioural management tool. It is often the step before either an exclusion or an off-site direction, and involves a child being confined to a behavioural unit, or being kept apart from their classmates for disciplinary reasons. What the school should do Your child’s school should only be using isolation when necessary and for serious disciplinary reasons. Time out of the classroom should be limited, and only at the instruction of a member of staff (page 22 of behaviour guidance for schools). It should also only be used once other behavioural strategies in the classroom have been attempted, unless the behaviour is so extreme as to warrant immediate removal (pages 22-23 of the guidance). If your child keeps being placed in isolation, ask the school’s SENCO or their teacher what other strategies have been put in place, and why they did not work. Any sanction in school, including the use of isolation, must be lawful, reasonable, and proportionate and fair. By law, the school must consider whether there are any special considerations relevant to its use (which includes your child’s age, special educational needs (SEN) and any disability). Make clear what special considerations you think apply. All schools must make sure they do not discriminate and put in place reasonable adjustments for disabled children and young people. The school should review the support (or lack of) your child is receiving: The behaviour guidance says schools should consider whether frequently removed pupils may benefit from additional and alternative approaches, a pastoral review or investigation by the SENCO, or whether specific departments or teachers may require more support (page 24). Head teachers and teachers should also consider whether any assessment of underlying factors of disruptive behaviour is needed, and make sure that the Children and Families Act 2014, the Equality Act 2010, and The SEND Regulations 2014 are complied with. The statutory exclusions guidance says: “Where a school has concerns about the behaviour, or risk of suspension and permanent exclusion, of a pupil with SEN, a disability or an EHC plan it should, in partnership with others (including where relevant, the local authority), consider what additional support or alternative placement may be required. This should involve assessing the suitability of provision for a pupil’s SEN or disability.” (paragraph 56). The Code says: “Persistent disruptive or withdrawn behaviours do not necessarily mean that a child or young person has SEN. Where there are concerns, there should be an assessment to determine whether there are any causal factors such as undiagnosed learning difficulties, difficulties with communication or mental health issues.” (paragraph 6.21). What you can do If you think your child has SEN but is currently without any support, ask the school to follow an ‘assess, plan, do and review’ process to identify and support their needs. This is called SEN Support. If your child is already receiving SEN Support, ask for a review of their support plan, to make sure all of their SEN have been identified, and the right provision (and at the right level) is being put in place. You can refer to the above guidance when you make either of these requests. If you think the school can and should be doing more to meet your child’s needs, you can use our template letter to alert them to this. Again, remind the school what the guidance says. You can also ask your local authority (LA) to carry out an EHC needs assessment for your child. Your LA must agree to this if your child has or may have SEN, and they may need support through an EHC plan. You can explain that the school cannot provide the support they need and highlight the number of times they have been put in isolation. You can use our template letter and resources to help you. If your child already has an EHC plan, ask for changes to be made to it at the next annual review. If that is some time away, ask for an early annual review. A child being at risk of exclusion is a good reason to ask for an early annual review. You might also want to take action against the school if you feel these incidents (or one of them) have been unlawful, unreasonable, and disproportionate and unfair. This could include making a claim for disability discrimination to the SEND Tribunal (for example, if you think the school failed to make reasonable adjustments for your disabled child).
When can a school remove a pupil's name from the school's register? Expand A school can only remove a child’s name from its admission register in certain situations. These are set out in regulation 9 of The School Attendance (Pupil Registration) (England) Regulations 2024. This means that a school can only remove the name of a child from its register when one of these situations applies, as explained in paragraph 218 of the statutory guidance Working together to improve school attendance, 2024. Here is a summary table describing some situations and whether the name of a child of compulsory school age can be removed from the register: If Then A child’s EHC plan no longer names their current mainstream school, and they have not been registered at another school. This could be because their EHC plan has been amended and now names: only a type of school, or a different school which the child has not been registered at the school cannot remove their name from its register on this basis. However, this may impact the delivery of the special educational provision set out in the EHC plan and the payment of school fees (if applicable). This will depend on your individual circumstances. Please take advice if you need support on this. A child has been permanently excluded from their school the school must remove their name from its register on this basis. A parent has written to their child’s mainstream school to explain that their child will be receiving elective home education from a particular day (and there is no school attendance order naming that school) the school must remove their name from its register on this basis. A child attended an independent school but has left and is no longer a pupil of that school the independent school must remove their name from its register on this basis. A child is attending a special school, named in their EHC plan, but the parent wants to electively home educate them the special school cannot remove their name from its register unless the local authority has agreed to it (or the Secretary of State has agreed, if the local authority has refused). Please get support if you would like to discuss your child's situation.
My child has been removed from class numerous times when he's experiencing emotional dysregulation and he is sent to a room where staff stand outside so he can't leave until he is calmer. They're calling this isolation. Is this right? Expand A: No. In this situation, the school should be classifying this removal as seclusion (a safety measure), and not isolation (a punishment or penalty). Schools have a range of tools available to them to support pupils and maintain discipline or safety. All of these tools need to be used in compliance with legal duties, including the Equality Act 2010. Some of these tools are sanctions (punishments), which are used in response to breaches of school behaviour policies for example. This can include isolation, suspension and permanent exclusion. Others are safety measures, such as seclusion. Guidance for schools on the use of isolation explains that isolation (which it calls removal) may be used as a response to serious misbehaviour (page 23). It is where a pupil, for serious disciplinary reasons, is required to spend a limited time out of the classroom at the instruction of a member of staff. Seclusion is different. It is a safety measure where a pupil is separated from others (except from staff) and either their exit is obstructed/prevented or they believe they will be punished if they leave the place. It is used when they are experiencing high levels of emotional or behavioural dysregulation, and acting without intent. The guidance on isolation says staff should ensure that pupils are never locked in the room of their removal. There may be exceptional situations in which it is necessary to physically prevent a pupil from leaving a room in order to protect the safety of pupils and staff from immediate risk, but “this would be a safety measure and not a disciplinary sanction” (page 24 of the guidance on the use of isolation). Guidance on the use of safety measures, called Restrictive interventions, including use of reasonable force, in schools (effective from 1 April 2026), recognises that that when a pupil is experiencing high levels of emotional or behavioural dysregulation: they may be confined to a place away from others and prevented from leaving this approach should only be used as a safety measure to protect others from harm, and the pupil is not acting with intent. Seclusion, as defined in the guidance, is not a disciplinary response to deliberate or wilful misbehaviour (page 8 of the restrictive interventions guidance). Here is a quick summary of the difference between isolation and seclusion: Isolation Seclusion Staff instructs a pupil to spend a limited time out of the classroom. Pupil is separated from others (except from staff) and either they cannot leave the place or they believe they will be punished if they leave. Used in response to deliberate or wilful behaviour. Used when a pupil is experiencing high levels of emotional or behavioural dysregulation and others need to be kept safe. The focus is to enable the pupil to continue with their learning. The focus is to enable the pupil to regulate their emotions. The behaviour policy should explain the principles the school uses to decide the length of time isolation may last for. As soon as the immediate risk of harm has reduced, the pupil should be allowed to leave. The school should inform parents on the same day if isolation is used. The school must follow the recording and reporting rules if seclusion is used. Repeated use of isolation may mean the pupil is at risk of more serious sanctions, such as suspension or permanent exclusion. Repeated use of seclusion should not place a pupil at risk of disciplinary sanctions. We have more information on isolation and seclusion on our website, and you can get in contact if you need more support.
My child is experiencing challenges keeping themselves emotionally regulated at school. The school is sending them home to calm down, which at first I agreed it could do. However, is this lawful? What can I do? Expand ‘Informal’ or ‘unofficial’ exclusions, such as sending a pupil home to cool off, are unlawful even if you agree to it. The statutory guidance on exclusions says an “informal or unofficial exclusion, such as sending a pupil home ‘to cool off’, is unlawful when it does not follow the formal school exclusion process and regardless of whether it occurs with the agreement of parents.” (paragraph 20). We also have information on our website about informal exclusions. You can take action to remind the school what the statutory guidance says about unlawful exclusions. Your child might be experiencing these challenges because they have special educational needs which are not being met, and if so there are further steps you can take. Rather than send your child home to calm down, the school should be doing all that it can to secure the provision your child requires to meet their special educational needs. This is called the ‘best endeavours’ duty and we have more information on this on our website. You could use our template letter to remind the school of its duties. If your child does not have an EHC plan you could also consider requesting an EHC needs assessment, so your child’s needs and the provision required to meet them are properly understood. You can use our template letter to make that request too. If your child already has an EHC plan and is experiencing these challenges, it might be that the plan needs changing. You can appeal the contents of it if recently issued, or ask for changes at the next annual review (or ask for an early review if that is some time away).
My child’s school has asked me if I want to consider a managed move to a new school. What is this, and do I have to agree to it? Expand What is a managed move? A managed move is where a pupil permanently moves from one mainstream school to another and can be used to give pupils at risk of permanent exclusion a fresh start. They are voluntary moves, that should only occur when it is in the pupil’s best interests. Your child’s school should be able to show that they have tried appropriate initial interventions first such as assessments of your child’s needs and arranging any relevant support. A managed move is different to an off-site direction or a managed transfer. An off-site direction is where a pupil is sent to temporarily attend another educational setting for the purpose of improving their behaviour, before returning to their school. You can find out more information on off-site directions below. Some areas also send pupils to an alternative provision Academy or pupil referral unit, not to another mainstream school, and call this a ‘managed transfer’. Do parents have to agree? No. Managed moves require the consent of the parents, the school the child is moving from, and the school they are moving to. You should not feel pressure to agree to a managed move, such as your child’s school saying they will permanently exclude them if you don’t agree to a managed move. Your child’s school can only lawfully exclude a pupil for a disciplinary reason, not because of a parent’s refusal to agree to a managed move. If you feel you are being pressurised or are unhappy about a proposed move, you can make a complaint to the school’s governing body. We explain how in the link below. If you want your child to remain at the current school, you may wish to discuss off-site direction or other appropriate interventions with the Headteacher/Principal, as well as putting in place any further support needed to enable your child to remain at the current school. If you do not agree with the managed move to the school which is being proposed, but there is another school you think would be suitable for your child, you can apply yourself for a place at a new school by making an “in-year application.” However, if your child has an EHC plan, a move to a different school must be dealt with through the legal process for amending the plan. What happens if we do agree to a managed move? If everyone agrees the move should happen, then the two schools should make sure all relevant information about your child is shared. Once the move has happened, your child’s name will come off the out-going school’s register and go onto the new school’s register. There should not be a trial period. If your child has special educational needs and is receiving SEN Support, this should continue in the new school. The new school must do all that it can to meet your child’s special educational needs. This is called the ‘best endeavours’ duty. If your child has an EHC plan, then the out-going school should contact the local authority before the managed move. The local authority will need to amend Section I of the EHC plan to name the new school once the move has happened. To do that, it will need to follow the legal process for amending the plan, including giving you time to make comments on a draft version. Once the new mainstream school is named in the EHC plan, it will have a duty to admit your child. For more information on these topics, please see: Mainstream schools School suspensions and permanent exclusions guidance which explains how managed moves should happen. Directing pupils off-site Taking action when things go wrong with/at a nursery, school or college What are special educational needs The ‘best endeavours’ duty Changing an EHC plan My child has an EHC plan which names a school. However, the school is refusing to admit them. Can schools refuse to admit children with EHC plans? What can I do? FAQ which explains the duty to admit.