Overview
Education is a fundamental right for every child. This page explains why a school may suspend or permanently exclude a pupil, the rights of parents and carers, and the support available throughout the process
When will the Governing Board review an exclusion?
- The Governing Board must review all permanent exclusions.
- A review meeting will be held if:
- a pupil is permanently excluded; or
- a pupil is suspended for more than 15 school days in a term.
- Parents can request a meeting where a suspension totals between 6 and 15 school days in a term.
- Parents can submit written representations for suspensions of 5 school days or fewer
Grounds for permanent exclusion
For a permanent exclusion, the headteacher must be satisfied that:
- there has been a serious breach, or persistent breaches, of the school's behaviour policy; and
- allowing the pupil to remain in school would seriously harm the education or welfare of the pupil or others.
Support for children with SEND
Schools should, as far as possible, avoid permanently excluding pupils with an Education, Health and Care Plan (EHCP) and children who are looked after by a local authority.
- Governing Boards should consider:
- whether SEND contributed to the behaviour;
- whether reasonable adjustments were made;
- whether specialist advice was sought;
- whether an EHCP review was considered where appropriate.
- Examples of reasonable adjustments:
- quiet or safe spaces;
- sensory or movement breaks;
- visual timetables;
- pastoral support;
- mentoring;
- behaviour support plans;
- adapted sanctions;
- specialist advice.
Preparing for a Governing Board Review meeting
- Why was my child excluded?
- What evidence was considered?
- What support was offered before exclusion?
- Were alternatives to exclusion considered?
- What plans are in place for my child's education and reintegration?
Independent Review Panel (IRP)
If the Governing Board upholds a permanent exclusion, parents can request an Independent Review Panel (IRP) within 15 school days of receiving the decision letter. Parents of children with SEND may also request the attendance of an SEN expert. The panel considers whether the decision was lawful, reasonable and fair.
Education during exclusion
Education must be arranged from the sixth school day of a suspension or immediately following a permanent exclusion.
Tips for parents
- Request exclusion paperwork in advance.
- Read the school's behaviour policy.
- Prepare evidence and questions.
- Bring a supporter or representative where appropriate.
- Take notes during meetings.
- Seek specialist advice if your child has SEND.
Sources of advice and support
- MKSENDIAS or email: contact@mksendias.org.uk
- Coram: 0300 330 5485 (Mon-Fri, 8am-6pm) or visit childlawadvice.org.uk
- ACE Education: 03000 115 142 (Mon-Wed, 10am-1pm, term time)
- (IPSEA) Independent Provider of Special Education Advice
- Virtual School | MKCC