SEN School Exclusion: Your Emergency Action Plan

⚠ 1. What to do RIGHT NOW

If your child has just been excluded (suspended or permanently excluded), here is what to do straight away:

📝 2. Types of exclusion

There are only two legal types of exclusion. Anything else is probably illegal.

Suspension (fixed-term exclusion)

Your child is sent home for a set number of days. They must go back after those days are over. Key facts:

• Maximum 45 school days in one school year (even if they change school)
• Days 1–5: the school must set and mark homework
• From day 6: the school must arrange full-time education somewhere else

Permanent exclusion

Your child must leave the school for good. This is very serious and should only be used as a last resort. The school can only permanently exclude for:

• A serious one-off breach of the behaviour policy, or
• Repeated breaches of the behaviour policy, and
• Letting the child stay would seriously harm the education or welfare of others

From day 6, the local authority (not the school) must arrange full-time education.

What schools CANNOT exclude for

• Having a disability or SEN that the school feels it cannot meet
• Low grades or failing exams
• A parent’s behaviour (for example, a dispute with a teacher)
• Not attending a reintegration meeting

🚫 3. Illegal exclusions

Some schools try to remove children without following the proper process. This is against the law, even if you agree to it.

These are all illegal

• Sending your child home “to cool off” without a formal exclusion letter
• Asking you to collect your child early because of behaviour, without recording it as a suspension
• Asking you to keep your child at home for a few days “by agreement”
• Putting your child on a part-time timetable for behaviour reasons (part-time is only allowed for medical needs, and must be temporary with your agreement)
• Off-rolling — pressuring you to remove your child from the school, or suggesting you “might want to consider home education” to avoid a formal exclusion

How to report an illegal exclusion

1. Write to the headteacher saying: “I believe my child has been informally excluded, which is unlawful under DfE statutory guidance. Please either formally record this as a suspension or allow my child to attend school.”
2. If nothing changes, complain to the governing board using the school’s complaints procedure
3. Contact Ofsted — they take informal exclusions very seriously. Schools that off-roll are likely to be judged inadequate
4. Contact your local authority

📜 4. Your rights as a parent

You must receive a written letter

The exclusion letter must include:

• The reason for the exclusion
• The dates (start, end, and times) — or that it is permanent
• Your right to make representations to the governing board
• How to make representations (who to contact)
• Details of work being set (for suspensions of 5 days or fewer)
• Details of alternative education (for suspensions over 5 days)
• Contact details for free advice

Your right to challenge

At the governors’ meeting, you can:

• Attend in person (or by video/phone if you ask)
• Bring someone with you — a friend, adviser, or legal representative
• Speak and explain your side
• Submit written evidence in advance
• Your child can also attend and speak

Your right to see all evidence

All written evidence (witness statements, SEN records, behaviour logs) must be given to you at least 5 school days before any hearing. If you do not receive it, this is a procedural failure and grounds for challenge.

Your duty during exclusion

For the first 5 school days, you must keep your excluded child out of public places during school hours. If you do not, you could receive a £60 penalty notice (rising to £120 if not paid within 21 days).

🛡 5. SEN legal protections

Children with SEN have extra legal protections against exclusion. Schools often do not follow these properly.

What the law says

Before excluding a child with SEN, the school MUST:

• Consider whether the behaviour is related to their SEN or disability
• Consider whether they have made reasonable adjustments (Equality Act 2010)
• Consider what additional support could be given instead of exclusion
• Contact the local authority to discuss options
• Consider requesting an early annual review of the EHCP
• Be satisfied the decision is lawful, proportionate, and fair

The Equality Act 2010

If your child has a disability (which includes many SEN conditions like autism, ADHD, dyslexia), the school must not discriminate. There are several types of discrimination that apply to exclusions:

• Direct discrimination (Section 13) — treating your child worse because of their disability
• Discrimination arising from disability (Section 15) — this is the most common in exclusion cases. If the behaviour was caused by the disability, excluding for it may be unlawful
• Failure to make reasonable adjustments (Sections 20–21) — this has no defence. If the school could have made adjustments and did not, the exclusion may be discriminatory

EHCP protections

The DfE guidance says headteachers should “wherever possible, avoid permanently excluding any pupil with an EHCP.”

If your child has an EHCP:

• The EHCP stays in force during exclusion
• The school must contact the LA and consider an early annual review before excluding
• Exclusion cannot be used to avoid meeting your child’s needs
• The school cannot pressure you into home education instead of excluding
• If permanently excluded, the LA must review the EHCP and find a new placement

💪 6. How to challenge an exclusion

Step 1: Make representations to the governing board

Write to the clerk of the governing board (address is on the exclusion letter). Explain why you disagree. Include:

• Evidence that the school did not consider SEN before excluding
• Evidence that the school did not make reasonable adjustments
• Whether the behaviour was related to your child’s disability
• Whether the exclusion was proportionate (was it the right response?)
• Any professional reports (educational psychologist, CAMHS, therapists)
• Whether the school followed its own behaviour policy

Step 2: Independent Review Panel (permanent exclusion only)

If the governing board upholds a permanent exclusion, you can request an Independent Review Panel (IRP). This is a panel that is completely independent from the school.

• Deadline: 15 school days from the governing board’s decision letter
• Panel: 3 or 5 members — a lay chair, school governor(s), and headteacher(s)
• Free: no cost to you

The IRP can:

• Uphold the exclusion (it stands)
• Recommend the governing board reconsider (they should)
• Direct the governing board to reconsider (they must, within 10 school days)

Step 3: Disability discrimination claim (separate process)

If your child has a disability and you believe the exclusion was discriminatory, you can bring a claim to the First-tier Tribunal (Special Educational Needs and Disability).

• Deadline: 6 months from the discriminatory act
• Cost: Free
• This runs separately from the IRP — you can do both at the same time
• The tribunal can order reinstatement (even in private schools)
• It can also order staff training, policy changes, and written apologies
• It cannot order financial compensation

Complete timeline of deadlines

🎓 7. After exclusion — education must continue

Your child’s right to education does not stop because they are excluded.

During a suspension

• Days 1–5: The school must set and mark work. For SEN children, the school’s legal duties still apply (including reasonable adjustments).
• From day 6: The school (governing body) must arrange full-time education somewhere else. This is called “alternative provision.”

After a permanent exclusion

• From day 6: The local authority must arrange full-time education. This is usually at a Pupil Referral Unit (PRU) or other alternative provision.
• If your child has an EHCP, the LA must review the plan and find a new suitable placement.

Reintegration after suspension

When your child returns after a suspension, the school should:

• Hold a reintegration meeting with you and your child
• Offer your child a fresh start
• Create a reintegration plan with support measures
• Review the plan regularly

Important: Your child cannot be prevented from returning if you are unable to attend the reintegration meeting.

Finding a new school after permanent exclusion

1. The LA arranges alternative provision from day 6
2. For EHCP children, the LA reviews the plan for a new placement
3. For non-EHCP children, you can apply to any school (in-year application)
4. If no school accepts, the Fair Access Protocol kicks in — the LA must place your child within 20 school days

🔃 8. Managed moves

A managed move is when a school suggests your child transfers permanently to another school. This is different from exclusion.

If your child has an EHCP and is offered a managed move, the LA must follow the statutory process for amending the plan (including naming the new school).

🙏 9. Free help and contacts

You do not need to do this alone. These organisations give free, expert help with school exclusions:

📚 10. Sources and references

Every fact in this guide comes from official UK government sources, legislation, or established advice organisations.

Last checked: April 2026 • Written with care by the SenHaven team