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.

No child should be excluded:

• for an unlimited period
• for a non-disciplinary reason, or
• without formal notice in writing from the head.

Any exclusion of a pupil, even for short periods of time, must be formally recorded.

The statutory exclusions guidance was updated on 1 September 2023 and relates to exclusions taking place on or from that date. The 2022 guidance applies to pupils who were excluded on or after 1 September and up to 31 August 2023.

Both versions of the statutory exclusions guidance make clear that ‘informal’ or ‘unofficial’ exclusions, such as sending pupils home ‘to cool off’, are unlawful, regardless of whether they occur with the agreement of parents or carers (see paragraph 19 of the 2022 guidance, paragraph 20 of the 2023 guidance). 

This includes children who are below compulsory school age, and young people who are above compulsory school age.

Some key points on exclusion are:

• The decision to exclude a pupil must be lawful, reasonable and fair.

• Schools must not discriminate against pupils on the basis of protected characteristics, such as disability or race. You can find out more on disability discrimination and exclusions on our website.

• Only the head teacher has the power to exclude and it must be on disciplinary grounds.

If the head makes an informal exclusion ‘formal’, parents have to be formally notified and can make written representations.

Part time timetables

The statutory guidance Working together to improve school attendance (September 2022) makes clear that, as a rule, schools can’t put children of compulsory school age on a part-time timetable.

They should only use part-time timetables in exceptional circumstances such as to meet a pupil’s medical needs. A part-time timetable must not be treated as a long-term solution, should be time-limited and should not be used to manage a pupil’s behaviour.

A part-time timetable may sometimes be discriminatory, but this will depend on whether it is a proportionate way of achieving a legitimate aim that the school may have in implementing it (see (RD and GD v The Proprietor of Horizon Primary (Responsible Body) (SEN): [2020] UKUT 278 (AAC)).

If you believe your child has been unlawfully excluded from school, you should make a complaint to the school governors. 

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.