School Suspensions and Permanent Exclusions

Children and young people with Special Educational Needs (SEN) or disabilities are more likely to experience suspension or exclusion from school than their peers. Understanding your child’s rights and the school’s legal responsibilities can help you make informed decisions and access the right support.

If your child has been suspended or permanently excluded, SIASS can provide impartial information and advice about the process and your rights.

Key Things to Know

Who Can Suspend or Exclude a Pupil?

Only the Head Teacher (or the person in charge of an academy or pupil referral unit) can make the decision to suspend or permanently exclude a pupil.

Types of Exclusion

There are only two lawful forms of exclusion:

Suspension (Fixed-Term Exclusion)

  • A pupil is excluded from school for a fixed number of days.

Permanent Exclusion

  • A pupil is removed from the school roll and cannot return to that school.

Every suspension or exclusion must be formally recorded, even if it lasts for just one day.

When Can a Child Be Excluded?

A pupil can only be suspended or excluded for disciplinary reasons.

A school cannot exclude a child because:

  • It cannot meet their needs.
  • Their SEND requires additional support.
  • Something a parent or carer has done or failed to do.

Unlawful Exclusions

Informal or unofficial exclusions are unlawful.

Examples include:

  • Sending a child home to “cool off”.
  • Asking parents to collect a child early due to behaviour.
  • Keeping a child away from school without issuing a formal suspension.

These practices may also constitute disability discrimination under the Equality Act 2010.

Suspensions

Suspensions of Up to 5 School Days

If your child is suspended for up to five days:

The Head Teacher must:

  • Inform you immediately.
  • Explain the reasons for the suspension.
  • Confirm the length of the suspension.
  • Provide written notification of the decision and your rights.

You have the right to:

  • Submit your views in writing.
  • Ask questions about the school’s decision-making process.

During the suspension:

  • The school should set and mark work.
  • Full-time education must be arranged from Day 6 if cumulative suspensions exceed five days in a term.

Suspensions Between 5 and 15 School Days

In addition to the above:

You have the right to request a meeting with the governing body.

At the meeting you may:

  • Attend in person or remotely.
  • Bring a friend, advocate, SENDIASS adviser or legal representative.

From Day 6:

  • Suitable full-time alternative education must be provided.

Suspensions Over 15 School Days

Where a suspension exceeds 15 school days in one term:

The governing body must:

  • Meet within 15 school days.
  • Review the Head Teacher’s decision.

You have the right to:

  • Attend the meeting.
  • Present evidence and your views.
  • Bring someone to support you.

Suitable full-time education must be arranged from Day 6.

Permanent Exclusions

A permanent exclusion means a pupil cannot return to that school.

A school should only permanently exclude a pupil when:

  • There has been a serious breach, or repeated breaches, of the behaviour policy; and
  • Allowing the pupil to remain would seriously harm the education or welfare of others.

What Happens Next?

The Head Teacher must:

  • Notify you immediately.
  • Explain the reasons for the exclusion.
  • Confirm the decision in writing.

The governing body must:

  • Review the exclusion within 15 school days.
  • Consider any information you provide.
  • Decide whether the exclusion was lawful, reasonable and fair.

You have the right to:

  • Attend the review meeting.
  • Bring a supporter or advocate.
  • Request reasonable adjustments if required.

Independent Review Panel (IRP)

If the governing body decides not to reinstate your child, you can request an Independent Review Panel.

You must make your request within 15 school days of receiving the governors’ decision.

An Independent Review Panel can:

  • Review whether the exclusion decision was lawful, reasonable and procedurally fair.
  • Direct governors to reconsider their decision.

Requesting an SEN Expert

Where SEND may be a factor, you can ask for an SEN Expert to attend the Independent Review Panel.

The SEN Expert can:

  • Explain how SEND may have affected the circumstances leading to the exclusion.
  • Help the panel understand whether the school met its legal duties towards your child.

How SIASS Can Help

We can:

  • Explain suspension and exclusion procedures.
  • Help you understand your rights.
  • Discuss representations to governors.
  • Signpost to specialist legal and advocacy services.
  • Help you understand SEND-related issues that may be relevant to the exclusion.

Useful Resources

IPSEA: Exclusion from School

Government Guidance: School Behaviour and Exclusions

Government Guidance: Arranging Alternative Provision

Need advice about a suspension or exclusion? Contact SIASS for free, impartial and confidential support.