My Child Has been excluded from school - What can I do?
Children with special educational needs 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 (which, from 1 September 2022, is called a “suspension”).
Pupils could be excluded/suspended for a fixed term (for a specific number of school days) or permanently excluded.
An exclusion/ suspension for a fixed period cannot lawfully be rolled into or ‘converted’ into a permanent exclusion.
In exceptional cases (usually where further evidence has come to light) a further suspension may be issued to begin immediately after the first period ends, or a permanent exclusion may be issued to begin immediately after the end of the suspension.
However, the new suspension or permanent exclusion must be separate from the suspension before and may be issued only in exceptional circumstances.
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.
In addition, maintained schools have certain powers to direct pupils off-site for education to improve his or her behaviour.
Academies have similar powers if their Articles of Association are written to include this.
There are regulatory requirements about directing pupils off-site which apply to maintained schools and which represent good practice for Academies.
‘Informal’ or ‘unofficial’ exclusions/suspensions, such as sending a pupil home to cool off, are unlawful even if a parents or carer agrees to it.
See what steps the school has to take in order for the exclusion/suspension to be lawful.
Unlawful exclusion/suspension of a pupil with a disability could be disability discrimination under the Equality Act 2010.
What steps does the school have to take?
No child should be excluded/suspended from school for an unlimited period, or for a non-disciplinary reason, or without formal notice in writing from the head.
This includes pupils who are below compulsory school age, and above compulsory school age (those in sixth form).
See the statutory guidance
‘Exclusion from maintained schools, academies and pupil referral units in England’
for more information about exclusions which happen up to 31 August 2022.
for more information about exclusions/suspensions which happen from 1 September 2022.
Pupils with special educational needs are sometimes excluded because their needs are not being properly met.
When this happens, it might mean the exclusion is not fair or lawful.
It is also evidence that they may have needs which need more investigation and/or help.
If your child has been excluded, whether for a fixed period or permanently, think about what can be done to get their needs better met to avoid further exclusions in the future.
The next steps will be different depending on whether your child has an education, health and care plan or not:
If you do not have an EHC plan
If your child has been excluded because their special educational needs are not being met, there are steps you can take.
- Ask the school to provide SEN Support for your child if they aren’t already
- If your child already gets SEN Support, ask for an urgent review of this support.
- If they have not been getting the support agreed, ask to see their educational record.
- Check the school’s SEN information report (this is about SEN provision the school can provide – it should be on the school’s website or request a copy from the school office).
- Is there anything else the school does that could help your child?.
If the school could be doing more, complain to school that their duties under section 66 of the Children and Families Act 2014 have not been fulfilled – this is the duty to use their best endeavours to ensure that children with special needs receive provision to meet their needs.
If your child needs more support to meet their SEN than the school can provide, you may wish to request an EHC needs assessment.
You may think a change of school is necessary .
Has the school considered whether your child’s needs are being met or what the reason for the behaviour leading to the exclusions/suspension might be?
Has the school got input from external professionals if appropriate?
If your child has been permanently excluded, don’t forget your right to have a SEN expert present at the independent review panel.
If your child has been excluded for more than 5 days, they are entitled to suitable, alternative education.
Make sure this education is provided (See below)
Remember - during the first 5 days of any exclusion you must make sure your child is not in a public place during school hours without reasonable justification.
Parents can be given a fixed penalty notice if they fail to do this.
How can I ensure alternative education is provided?
For a fixed-term exclusion/suspension of more than five school days, or a permanent exclusion, the pupil must get suitable alternative education.
The duty is to provide ‘suitable’ education – this means it must meet your child’s special educational needs.
The school has to provide this suitable, alternative education (unless your child has been excluded from a pupil referral unit, when that happens the local authority (LA) has to make sure they get this education).
You should ask for it to include SEN Support if your child does not already have this.
For a permanent exclusion, it is the LA that must provide the suitable, alternative education.
Write to the Director of Children’s Services at your LA as soon as you learn your child has been permanently excluded, telling them that you expect full time provision to be made.
We can provide guidance and templates with this inside our MEMBERSHIP
If you have an EHC plan
An EHC plan is a legal document, and the LA must make sure that the special educational provision set out in the EHC plan is provided.
If your child has been excluded because their special educational needs are not being met, you can try these steps:
Has the provision in Section F of the EHC plan been arranged?
If not, complain to the LA about its failure to implement the EHC plan.
Is the provision in the EHC plan the right kind of provision or, is there enough support?
If not, write to the LA asking for an early Annual Review.
During the Annual Review you can ask for changes to support, or make sure the description of the support is clear enough.
If your child has been permanently excluded you will need to choose a new school to name in the EHC plan.
If the EHC plan doesn’t properly describe your child’s needs or the provision they require, and new information is needed to work this out, you could ask for a re-assessment.
Check the statutory guidance
‘Exclusion from maintained schools, academies and pupil referral units in England’
(for exclusions happening up to 31 August 2022)
and
(for exclusions from 1 September 2022).
If your child has been permanently excluded, don’t forget your right to have a SEN expert present at the independent review panel.
If your child has been excluded for more than 5 days, they are entitled to suitable, alternative education.
Make sure this education is provided.
Remember - during the first 5 days of any exclusion you must make sure your child is not in a public place during school hours without reasonable justification.
Parents can be given a fixed penalty notice if they fail to do this.
How can I ensure alternative education is provided?
For a fixed-term exclusion/suspension of more than five school days, or a permanent exclusion, the pupil must get suitable, alternative education.
The duty is to provide ‘suitable’ education that will meet your child’s special educational needs.
The school is obliged to provide this suitable, alternative education (unless your child has been excluded from a pupil referral unit, when that happens the local authority (LA) has to make sure they get this education).
In all cases, your LA must (under section 42 of the Children and Families Act 2014) make sure the provision in the EHC plan is provided, even while the pupil is excluded.
This means if the school cannot make alternative provision which delivers the support in the EHC plan, the LA must do so.
For a permanent exclusion, the LA must provide the suitable, alternative education.
Write to the Director of Children’s Services at your LA as soon as you learn that your child has been permanently excluded, telling them that full time provision has to be made. You can use our model letter as a template for this.
The LA must make sure the provision in the EHC plan is received. This duty applies even though your child is excluded from school.
For more information see our MEMBERSHIP or contact us.
