Suspension and permanent exclusion from school

Only the headteacher can decide to suspend a pupil.

A suspension must be:

• lawful
• reasonable
• fair

It must be used only for disciplinary reasons.

A child can be suspended for up to 45 school days in 1 school year.

The school must tell parents (without delay):

• the reason for the suspension
• the length of the suspension
• how parents can:
  • challenge the decision
  • make representations

For the first 5 school days, parents are responsible for their child and the school should provide work.

From day 6, the school or local authority must arrange full‑time education suitable to your child’s age, ability, aptitude and special educational needs. View more information on the alternative provision page.

A child must not be suspended because of their disability or SEND.

Schools must:

• consider whether behaviour is linked to unmet needs
• make reasonable adjustments
• follow the Equality Act 2010

Parents have the right make comments about any suspension (this is called 'written views' or 'making representations').

You should send these to the school’s governing board (or academy trust). You can do this as soon as you're aware of the suspension.

The school will usually set a deadline for submitting them. This is often 5 school days before the governors’ meeting, but you should check the letter carefully.

The governing board must consider parent's representations, and meet with you if the suspension:

• is more than 5 school days in a term or,
• means the child will miss a public exam or national curriculum test

For shorter suspensions, the governing board must consider representations but does not have to meet with you.

Your representations can include:

• why you think the suspension is unfair or unnecessary
• an explanation of any SEND, disability, or unmet need
• any support or adjustments that were not in place

The governing body can:

• review the headteacher’s decision to check it was:
  • lawful
  • reasonable
  • procedurally fair
• ask that the pupil is reinstated (if the suspension has not ended)
• make a record of your concerns
• make recommendations to the school about the use of suspension, behaviour support, or future practice

You should:

1. Read the suspension letter and check:
   1. the reason for suspension
   2. how long the child is suspended for
2. Check the behaviour policy on the school's website
3. Ask the school to send you any relevant school records (for example incident reports and witness statements)
4. Check that the school are sending you work for your child to do for the first 5 school days. If the suspension is over 5 days, check that education is arranged from day 6)
5. If your child has SEND or a disability, ask how needs and reasonable adjustments were considered
6. If you have concerns, contact the exclusion and reintegration team
7. Send written views to the governing board if you disagree with the suspension

A decision to exclude a pupil permanently should only be taken:

• in response to a serious breach or persistent breaches of the school's behaviour policy
• and where allowing the pupil to remain in school would seriously harm the education or welfare of the pupil or others in the school

Following a permanent exclusion, the local authority has a legal duty to arrange full‑time education suitable to your child’s age, ability, aptitude and special educational needs from the 6th school day after the exclusion.

View more information about alternative provision.

If your child has a social worker, the school has duties to inform and involve them and take into account the safeguarding risks to your child before making decisions about suspension and permanent exclusion.

The DfE have made it clear that permanent exclusion should be a last resort. It should only be used where other strategies have been tried and have not succeeded.

Schools are expected to take early, reasonable and proportionate steps to address the underlying causes of behaviour:

Before considering exclusion, schools should:

• consider whether behaviour is linked to unmet special educational needs, disability, trauma, mental health or safeguarding concerns
• review attendance, bullying, peer relationships, curriculum access and teaching approaches
• seek input from parents and, where relevant, the child’s social worker or Virtual School Head

DfE guidance explains that many behaviours can be managed through early intervention rather than exclusion.

Where a child has SEND or a disability, schools should:

• make and review reasonable adjustments under the Equality Act 2010
• use SEN Support effectively, including targeted interventions
• review whether the behaviour is a manifestation of unmet need
• ensure staff are aware of and follow the child’s support strategies

The statutory guidance requires headteachers to consider whether exclusion is proportionate, particularly for pupils with SEND.

Schools should consider:

• individual behaviour or support plans
• increased pastoral support or mentoring
• adjustments to timetable, teaching approach or environment
• access to school‑based or external therapeutic support

DfE guidance makes it clear that exclusion should not be the first response to challenging behaviour.

Before permanent exclusion, schools should explore:

• involvement of educational psychology
• early help or targeted family support
• CAMHS or mental health support (where appropriate)
• multi‑agency meetings, particularly where safeguarding or vulnerability is identified

Where a child has a social worker, the guidance expects additional safeguards and joined‑up working.

Schools may use:

• temporary off‑site direction to improve behaviour
• short‑term alternative provision suitable to your child’s age, ability, aptitude and special educational needs to stabilise placement

This should:

• be lawful, time‑limited and reviewed regularly
• not be used as a substitute for exclusion
• be planned and communicated clearly with parents

DfE guidance recognises off‑site direction as a preventative tool when used appropriately.

A managed move may help avoid permanent exclusion where it is:

• voluntary and agreed by parents
• genuinely in the child’s best interests
• not used to pressure families or bypass exclusion procedures

The guidance is explicit that threats of exclusion must not be used to force a managed move.

Schools must not:

• send pupils home “to cool off” without recording a suspension
• use part‑time timetables to manage behaviour (except in very limited, lawful circumstances)
• pressure parents to remove a child or electively home educate
• informally exclude or off‑roll pupils

DfE guidance makes clear that such practices are unlawful and undermine pupils’ rights.

Before excluding, schools should consider whether:

• the exclusion could amount to disability discrimination
• reasonable adjustments were made
• exclusion is a proportionate response

Failure to do so may expose the school to challenge in the SEND Tribunal or County Court.

Good practice includes:

• early and honest communication with parents
• listening to the child’s views
• sharing concerns before behaviour escalates to crisis point

DfE guidance emphasises partnership working as part of effective behaviour management.

If you want to challenge the exclusion, you should create a 'written arguments' document, listing all the things you want to be considered.

You can download a written arguments template from the School Exclusions Hub.

Bucks SEND IAS Service can also help you.

You will need to send in your written arguments prior to the deadline set by the school, before the governors’ meeting. This is often around 5 school days before the governors’ meeting, but you should check the letter carefully.

We also suggest you help your child to express their views. This could include:

• an apology
• views on what happened and why
• views on their difficulties and level of support at school
• views on the impact of the Permanent Exclusion on themselves
• views on possible alternative sanctions
• views about what would help to make education successful

Your child can express their views in a format which suits them. This webinar explains why your child’s views are important and gives you some ideas to try with your child (webinar co-produced with Heritage House School).

• watch our webinar about capturing your child's views
• download the capturing your child's views slides (PDF, 1.93 MB)

It will be important to check your school’s policies, in particular:

• SEN policy
• the SEND information report
• behaviour policy and safeguarding policy

You should also consider:

• Was your child’s behaviour a breach of a school policy?
• If your child has a disability, were reasonable adjustments made for him or her?

Ask for a copy of your child’s school file – Make a subject access request | ICO helps you make a subject access request by generating an email to an organisation asking for your personal information (or someone else’s) and includes guidance on what details and documents you need to provide.

The school file will be useful to help you to challenge the permanent exclusion further, should this become necessary.

If the governors uphold the head teacher’s decision to permanently exclude your child, you will have the right to challenge their decision at an Independent Review Panel (IRP) if you wish to do so. The IRP cannot order the school to reinstate your child, but can ask them or force them to reconsider by holding another governors’ meeting. There is information about IRPs here: Challenging the exclusion at the independent review panel - schoolexclusionshub.org.uk

You have the right to request a SEN Expert to attend as part of the Independent Review Panel, their impartial advice may be useful. Please see Deciding whether to request a SEN expert at the independent review panel - schoolexclusionshub.org.uk

If you consider that your child has a disability, and the reason for the exclusion may relate to their disability, you may also want to consider raising disability discrimination as an issue as part of the IRP. There is advice on this here: Challenging discriminatory exclusions IRP guidance FINAL.docx (live.com)

The DfE's statutory guidance does not apply to independent schools, private nurseries or post‑16 providers.

Instead exclusions are governed by the provider’s own published behaviour and disciplinary policies, subject to subject to contractual law and the Equality Act 2010, and in limited circumstances public law principles.

These will usually be on their website or included in the terms and conditions of any contract or admissions agreement. These will include criteria for permanent exclusion and suspension and rights to challenge.

Providers must comply with the Equality Act 2010, including duties not to discriminate and to make reasonable adjustments for disabled students.

A student must not be excluded because of disability.

Where a student has SEND, providers must co‑operate with the local authority, provide relevant evidence, and consider reasonable adjustments. Providers may be asked to contribute to, or host, an early annual review of an EHC plan, but responsibility for reviewing the plan remains with the local authority.

There is no statutory exclusion process for independent schools, private nurseries and further education providers in England.

You should follow this checklist:

For independent schools, FE colleges and nurseries, the main challenge route is usually the provider’s internal review or complaints process.

Independent schools usually provide:

• a written appeal or review
• consideration by a panel or senior leadership/governing body
• an in‑person meeting

Timescales and rights vary by school.

If your child is at nursery:

Raise concerns with the manager or proprietor

Use the nursery’s complaints policy including to the head of the nursery chain, if applicable escalate for further advice if unresolved to the Buckinghamshire Early Years Team: [email protected]

Further education providers almost always have a multi‑stage complaints procedure, usually:

1. Informal resolution
2. Formal written complaint
3. Internal appeal stage

In addition, or instead, you can make a disability discrimination claim about permanent exclusion from any type of education provider including independent schools, private nurseries and further education providers. We suggest you try to challenge the exclusion using the provider’s internal review or complaints process first, bearing in mind the time limits for a disability discrimination claim. This is because it is often quicker, less adversarial, and can sometimes resolve the issue without legal action. It also creates important written evidence if a disability discrimination claim later becomes necessary.

When challenging an exclusion, focus on whether:

• the setting followed its own published policy
• the decision‑maker had the authority to exclude
• you were informed properly, and if so:
  • the reasons that were given
  • if your child’s views were considered

You should consider whether:

• the child or young person is disabled
• the behaviour leading to exclusion was linked to:
  • unmet needs
  • lack of support
  • failure to make reasonable adjustments
• the setting:
  • explored adjustments first
  • considered alternatives to exclusion
  • relied on “zero tolerance” approaches

Evidence could include:

• behaviour policies and complaints procedures
• incident reports and correspondence
• support plans, SEN support records, EHCP paperwork (if any)
• emails showing concerns raised before the exclusion
• medical or professional evidence relating to disability or need

To ensure you have all the evidence you need, make a Make a subject access request | ICO

How will your child or young person’s education continue?

• is alternative provision needed?
• do you need to apply for a new school?
• what is the impact of the exclusion on your child and you e.g. impact on paid work, other caring responsibilities
• do you need wider support?
• if your child or young person has an EHC plan, request an early annual review.

Key time limits to be aware of:

• internal complaints – check the provider’s policy (often short)
• disability discrimination claims:
  • SEND Tribunal (schools): 6 months from the date of the exclusion
  • County Court (Further education/nursery): 6 months less one day from the date of the exclusion

Possible outcomes you could ask for include:

• reinstatement (not always realistic, but sometimes achievable)
• a managed or supported transition
• changes to practice for future learners
• apology or acknowledgement of fault
• safeguards or adjustments in a new placement

Sometimes the most effective focus is securing appropriate next provision, rather than reversing the exclusion.

You can make a disability discrimination claim about permanent exclusion from any type of education provider including independent schools, private nurseries and further education providers.

You will need to make any disability discrimination claim within 6 months of the permanent exclusion letter from the head teacher or principal if the claim is against any type of school.

You will need to make any disability discrimination claim within 6 months less 1 day of the permanent exclusion letter from the head teacher or principal if the claim is against any nursery or further education provider.

The way to make a disability discrimination claim is different depending on whether the claim is against:

• a school – state or independent - or
• a private nursery or further education provider.

You can choose to make a disability discrimination claim to the First Tier Special Educational Needs and Disabilities (SEND) Tribunal if you are either:

• a young person over compulsory school age and under 18
• a parent of a child

Who attends:

• a school, nursery or pupil referral unit maintained by a local authority
• an independent school
• a free school, including an academy

The SEND Tribunal has the power to order reinstatement where it upholds a disability discrimination claim, although this will depend on the circumstances of the case.

They can deal with claims speedily if you ask for reinstatement.

These are not heard by the SEND Tribunal, but the County Court. You will need advice from a solicitor.

You need to make your claim in court within 6 months less 1 day from when the discrimination happened. The court must have received your claim before the end of the time limit, it’s not enough just to post it by then.

View more information in these guidance pages:

Complain about a school: Disability discrimination (GOV.UK) - this page explains:

• how parents and young people in England can challenge disability discrimination by a school
• when the SEND Tribunal can hear a case
• which settings it covers
• the 6‑month time limit
• how to make a free claim using the correct forms

Discrimination (Citizens Advice) - this advice explains how to identify, address, and take legal action against different types of discrimination, including disability discrimination, under UK law.

That’s not fair (Disability discrimination) - this SENDIAS advice explains:

• a step-by-step process for families in Buckinghamshire to challenge disability discrimination under the Equality Act 2010, starting with:
  • informal discussion
  • moving through formal complaints (to schools, Ofsted, DfE, or ESFA)
  • and if unresolved, making a claim to the SEND Tribunal (for school settings) or County Court (for other settings) within statutory time limits

View more information in these guidance pages and documents:

Searching, screening and confiscation at school - this page explains:

• the powers schools in England have to screen and search pupils
• confiscate prohibited items
• how to do so safely in line with DfE guidance

Use of reasonable force in schools - this guidance explains:

• the use of physical restraint in schools for governing bodies
• headteachers and school staff

Reducing the need for restraint and restrictive intervention - this guidance explains reducing the use of restraint and restrictive interventions for children and young people with learning disabilities, autism, or mental health difficulties by promoting proactive, positive behaviour strategies and safeguarding their rights.

Positive environments where children can flourish - advice on restraint for residential special schools; Ofsted’s guidance for inspectors on evaluating how children’s residential and educational settings create positive, rights-respecting environments—minimising restraint and restrictive practices, understanding behaviour, and supporting children with special educational needs or communication needs.

Restraint and restrictive practices: positive environments for children (Ofsted Social Care) - this explains Ofsted’s guidance and expectations for reducing restraint and restrictive practices in children’s homes, residential special schools, and boarding schools, emphasising positive environments, safeguarding, and children’s rights.