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 exclusion guidance 'Suspension and Permanent exclusion from maintained schools, academies and pupil referral units in England including pupil movement’ applies for all exclusions that took place on or after 1 September 2024.

The statutory exclusions guidance makes 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 20 of the 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 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 very exceptional circumstances, such as to meet a pupil’s medical needs, and should not be used to manage a pupil’s behaviour.

A part-time timetable should:

• Have the agreement of both the school and the parent the pupil normally lives with. 
• Have a clear ambition and be part of the pupil’s wider support, health care or reintegration plan. 
• Have regular review dates which include the pupil and their parents to ensure it is only in place for the shortest time necessary. 
• Have a proposed end date. It can, however, be extended as part of the regular review process. In some limited cases, a pupil with a long-term health condition may require a part-time timetable for a prolonged period.

Where the pupil has a social worker, the school is expected to keep them informed and involved in the process.

If the pupil has an EHC plan, the school should discuss the part-time timetable with the local authority so that any support package that is in place can be reviewed as swiftly as possible.

In agreeing to a part-time timetable, a school has agreed to a pupil being absent from school for part of the week or day and therefore must record the absence accordingly, in other words, as authorised.

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 take action.

If you haven’t been able to find the answer to your question on this page, see our FAQs.