School exclusions and SEND
Your rights if your child with SEND is being excluded, including informal exclusions and what the school cannot do.
School exclusions and SEND
Children with SEND are excluded from school at higher rates than other children. Sometimes the behaviour that leads to exclusion is directly linked to their unmet needs or disability. If that is the case, the exclusion may be unlawful.
This guide covers what you need to know about exclusions and your child's rights.
Types of exclusion
Fixed-term suspension
The school sends your child home for a set number of days (up to 45 days in a school year). It used to be called 'fixed-term exclusion'.
Permanent exclusion
The school removes your child from the school roll permanently.
Informal (illegal) exclusion
The school asks you to collect your child early, keep them home, or puts them on a reduced timetable without following the proper legal process. This is not a formal exclusion, but it has the same effect.
If the school regularly asks you to pick up your child early, keeps them out of class, or suggests they 'stay home for a few days', this may be an informal exclusion. Informal exclusions are unlawful. The school must either formally exclude your child (following the legal process) or keep them in school. There is no middle ground.
Your rights
Before an exclusion
The school must consider whether your child's behaviour is related to unmet SEND or a disability. If it is, the school should be providing support rather than excluding.
The head teacher should ask:
- Does this child have known SEND or a disability?
- Could the behaviour be a result of unmet needs?
- Has the school made reasonable adjustments?
- Has the school followed the graduated approach?
During an exclusion
If your child is formally excluded:
- The school must notify you in writing, stating the reason and the number of days
- For fixed-term suspensions of more than 5 days, the school must provide full-time education from day 6
- For permanent exclusions, the local authority must provide full-time education from day 6
- You can make representations to the governing body
After an exclusion
For permanent exclusion:
- You can ask the governing body to review the decision
- If the governing body upholds the exclusion, you can appeal to an Independent Review Panel
- If your child has an EHCP, the local authority must find an alternative placement
When exclusion may be unlawful
An exclusion may be unlawful if:
- The school has not considered whether the behaviour is linked to SEND or disability
- The school has not made reasonable adjustments for a disabled child
- The school has not provided the support set out in the child's EHCP or SEN Support plan
- The behaviour is a direct result of the school's failure to meet your child's needs
What to do
If the school asks you to take your child home, ask them to confirm whether this is a formal exclusion. If they will not put it in writing, make your own record of the date, time, and what was said.
Look at what the school was supposed to be providing. If your child has an EHCP, check Section F. If they are on SEN Support, check the plan. Was the school delivering the agreed support?
If the school is sending your child home without following the exclusion process, write to the head teacher. State that you consider this an informal exclusion and reference the Department for Education's suspension and permanent exclusion guidance, which prohibits informal exclusions.
Contact your local SENDIASS, IPSEA, or an exclusion specialist. They can advise on whether to challenge the exclusion and how.
If the school has discriminated against your child because of their disability, you can make a disability discrimination claim to the First-tier Tribunal (SEND). This is separate from the exclusion review process.
Reduced timetables
A reduced timetable (where your child attends school for fewer hours than normal) should only be used as a short-term measure with your agreement. It must be reviewed regularly and there must be a plan to return your child to full-time education.
A reduced timetable should never be used as:
- A long-term solution instead of providing proper support
- A way to avoid formally excluding a child
- A response to the school's inability to meet your child's needs
Keep a record of every day your child is sent home early, put on a reduced timetable, or told not to come in. Dates and times matter. This evidence can be used in a complaint to the local authority, the governing body, or the Ombudsman.
Try asking this question in a chat:
“My child keeps being sent home early from school. Is this an informal exclusion and what can I do?”