Exclusion from school

Exclusion process

When a child is excluded

There are legal obligations that apply to exclusion. The head teacher, without delay, must let the parents know the type of exclusion and the reason(s) for it.

They must also, without delay, provide parents with the following information in writing:

  • the reason(s) for the exclusion
  • the length of the exclusion
  • the parents’ right to put forward their case about the exclusion to the governing board  
  • what alternative provision will be provided from the sixth day of a fixed-period exclusion

Limits to the number of times a child can be excluded

A pupil cannot be excluded for more than 45 school days in one school year.

Keep in mind:

  • this means they cannot have one fixed-period exclusion of 46 school days or more
  • they cannot have lots of shorter fixed-period exclusions that add up to more than 45 school days
  • lunchtime exclusions are counted as half a day.

Scrutiny of the exclusion

  • request an SEN expert even if their child has not been officially recognised as having SEN

If the parent believes that a permanent or fixed period exclusion occurred as a result of discrimination other than disability they can make a claim to the County Court.

Arrangements for my child after exclusion

Will a child still receive an education

Schools should:

  • during the first five days of a fixed-period exclusion schools should take reasonable steps to set work for pupils
  • except for year 11 (final year of secondary), from the sixth day of an exclusion, suitable full-time education must be arranged for pupils of compulsory school age (primary and secondary school age)
  • for a fixed-period exclusion of more than five school days, it is the duty of the school to arrange this education, unless the school is a PRU (in which case the local authority should make arrangements)

If a parent wishes to raise a concern about the lack of, or the quality of, education arranged during a fixed-period exclusion, they should follow the school’s official complaints procedure.

For a permanent exclusion, the local authority for the area where the pupil lives must arrange a suitable full-time education.

If a parent wishes to raise a concern about lack of, or the quality of, education following a permanent exclusion, parents should complain to the local authority where they live.

A child and their right to attend their exams or national curriculum tests when excluded

This is a decision for the school. Neither the school nor the local authority is legally required to arrange for an excluded pupil to take a public examination or national curriculum test that occurs during the exclusion, although some may choose to arrange for this, either on school premises or elsewhere. Where a parent has concerns about their child missing a public examination or national curriculum test, they should raise these with the school.

A parent's duties when their child has been excluded

For the first five school days of any exclusion, parents must ensure that their child of compulsory school age is not in a public place during school hours without very good reason. Parents must also ensure that their child attends any new full-time education provided from the sixth day of exclusion (unless they've arranged suitable alternative education themselves).

Useful links that provide advice on exclusions

You may also wish to access the following sources of advice from the Department for Education:

Questioning the decision to exclude my child

You can question the decision for fixed-period exclusions. The following applies:

  • the governing board must consider any case made by parents
  • the board cannot make the school reinstate the pupil
  • the board is not required to meet the parents
  • for a fixed-period exclusion that brings a pupil’s total excluded days to more than five but under 15, the governing board must consider reinstatement within 50 school days if the parent asks it to do this

You can question the decisions for permanent exclusions. The following applies:

  • the governing board must consider, within 15 school days of being told about the exclusion, whether the pupil should be reinstated

If you feel you've been discriminated against in the exclusion process (for example, he/she has a disability)

Schools have a duty under the Equality Act 2010 not to discriminate against pupils on the basis of protected characteristics. Any issue can be raised during the exclusion consideration meeting with the governing board.

If the governing board decides not to reinstate the pupil who has been permanently excluded, parents can:

  • request an independent review panel to review the governing board’s decision
  • ask for a Special Educational Needs (SEN) expert to attend the hearing to advise the panel on how SEN might be relevant to the exclusion

Page last updated: 13 September 2023

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