School exclusion & SEND

Understand fixed-term and permanent exclusion, how SEND and EHCPs affect what schools must do, and options if your child is excluded — with suggested questions for the assistant at each stage.

This step-by-step guide is general information for England only. Headteachers, governing bodies, and courts make decisions in individual cases. It is not formal legal advice and does not guarantee any outcome.

1. 1. Types of exclusion

   Schools may exclude pupils for a disciplinary reason. A fixed-term exclusion is for a set number of days; a permanent exclusion means the pupil must not return unless the decision is overturned. Different rules apply to maintained schools, academies, and pupil referral units — check which type of school your child attends.

   Ask about types of exclusion

   Suggested question: What are fixed-term and permanent school exclusions in England, and what is the difference for parents?

2. 2. SEND, disability, and fairness

   Schools must identify and support pupils with SEND and have regard to equality duties. If behaviour is linked to unmet SEND or disability, the school should consider whether support and reasonable adjustments were in place before excluding. This does not mean exclusion is never allowed — but the process should be fair and lawful.

   Ask about SEND & exclusion

   Suggested question: How should schools take SEND and disability into account before excluding a pupil in England?

3. 3. If your child has an EHCP

   Where a child has an EHCP, the local authority must secure the special educational provision in the plan. The named school or institution generally must admit the child. During exclusion the LA remains responsible for education; exclusion may also prompt a review of whether provision and placement are still right.

   Ask about EHCP & exclusion

   Suggested question: If a child with an EHCP is excluded in England, what are the local authority's duties and what might parents do next?

4. 4. The exclusion process

   Headteachers decide day-to-day exclusions; governing bodies review certain cases, especially permanent exclusions. Parents should receive written notice and information about their rights. Keep copies of letters, behaviour records, and any SEND support plans — they matter if you challenge the decision.

   Ask about the process

   Suggested question: What is the school exclusion process in England and what information should parents receive?

5. 5. Challenging an exclusion

   Parents can challenge some exclusions to the governing body and, for permanent exclusions in many cases, to an independent review panel. Deadlines are strict. Independent advice services can help you understand your case — see Help & signposting on this site.

   Ask about challenging exclusion

   Suggested question: How can parents challenge a school exclusion in England, including governing body and review panel routes?

6. 6. Education while excluded

   Schools and the local authority must arrange suitable full-time education for excluded pupils within set timescales, including for pupils with SEND. If education is not provided or support breaks down, ask the LA what it will do and whether the EHCP or SEN Support needs updating.

   Ask about education during exclusion

   Suggested question: What education must be provided for an excluded pupil in England, including pupils with SEND?

Need human advice? See help & signposting or the glossary.