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  • exclusion-from-school
  1. How we help
  2. Get support
  3. Exclusion from school

Exclusion from school

Children with special educational needs (“SEN”) and/or disabilities are much more likely to be excluded from school than their classmates.

Only the head teacher of a school (or the teacher in charge of a pupil referral unit or the principal of an academy) can exclude a pupil. There are only two types of exclusion from a school which are lawful: permanent and fixed-period.

This means that legally a pupil is either in school full-time or they are excluded from school. They can be excluded for a fixed term (for a specific number of school days) or permanently excluded. Any exclusion of a pupil, even for a short period of time, must be formally and accurately recorded.

Pupils can only be excluded for disciplinary reasons: they cannot be excluded because a school, pupil referral unit (PRU) or academy cannot meet their needs or for something which their parents did or did not do.

‘Informal’ or ‘unofficial’ exclusions, such as sending a pupil home to cool off or the school putting a pupil on a ‘part-time timetable’, are all unlawful regardless of whether they occur with the agreement of parents or carers. See what steps the school has to take in order for the exclusion to be lawful. Too many children and young people with SEN and disabilities are excluded illegally.

Unlawful exclusion of a pupil with a disability may amount to disability discrimination under the Equality Act 2010.

Most of the content in this section relates only to pupils at maintained schools, academies or pupil referral units. If your child attends a different type of setting, see the final section below.

What steps does the school have to take?

What steps does the school have to take?

No child should be excluded for an indefinite period, or for a non-disciplinary reason, or without formal notice in writing from the head Read more

Published: 1st April, 2018

Updated: 27th May, 2020

Author: Emma Brock

What should I do if my child is excluded?

What should I do if my child is excluded?

If your child has been excluded, you should consider what actions you can take to try to get their needs met more effectively and avoid further exclusions in the future Read more

Published: 31st March, 2018

Updated: 24th April, 2018

Author: Emma Brock

Disability discrimination and exclusions

Disability discrimination and exclusions

If a school unfairly excludes a child with a disability, this may amount to disability discrimination Read more

Published: 30th March, 2018

Updated: 1st May, 2018

Author: Emma Brock

Advice on writing ‘written representations’ to the Governors

Advice on writing ‘written representations’ to the Governors

Examples and guidance on writing 'written representations' to the Governors Read more

Published: 29th March, 2018

Updated: 3rd May, 2018

Author: Emma Brock

Informal exclusions

Informal exclusions

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

Published: 28th March, 2018

Updated: 29th October, 2021

Author: Emma Brock

Exclusion of children/young people with SEND from an independent setting or Further Education

Exclusion of children/young people with SEND from an independent setting or Further Education

These types of education providers will have their own behaviour and exclusion policies Read more

Published: 27th March, 2018

Updated: 1st May, 2018

Author: Emma Brock

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  • Advice Line

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    Book an appointment on our Advice Line for legally based information and next step advice on any educational issue that is the result of a child’s special educational needs or disability

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    The SEND Tribunal is an independent national tribunal which hears parents’ and young people’s appeals against LA decisions about the special educational needs of children and young people

How you can help IPSEA

How you can help IPSEA

Have you found the information on our website helpful today? If so, please consider donating! At IPSEA, we rely on your donations and fundraising efforts to help keep our vital services running. Read more

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Published: 19th March, 2014

Updated: 11th March, 2020

Author:

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IPSEA is registered charity number 327691
Limited company 2198066

Registered office: IPSEA, 24-26 Gold Street, Saffron Walden, CB10 1EJ