Fixed Term Exclusions (otherwise known as “Suspensions“, especially in the Aug 2024 new statutory guidance) is a behaviour management tool and is where a pupil is temporarily removed from the school. Use of suspensions should be set out within a school’s behaviour policy and may be used to provide a clear signal of what is unacceptable behaviour as part of their policy and show a pupil that their current behaviour is putting them at risk of permanent exclusion.
Please note: Any guidance referred to on this page applies to maintained schools, academies, and pupil referral units in England. Independent schools (including Independent Special Schools) must adhere to the Equality Act 2010 when making a decision to exclude as well as to their own Behaviour Policy.
A pupil may be suspended for one or more fixed periods (up to a maximum of 45 school days in a single academic year). A suspension does not have to be for a continuous period and can start immediately (on the same school day as the misbehaviour occurred) or on another school day.
A suspension can also be for parts of the school day. For example, if a pupil’s behaviour at lunchtime is disruptive, they may be suspended from the school premises for the duration of the lunchtime period. The legal requirements relating to the suspension, such as the headteacher’s duty to notify parents, apply in all cases. Lunchtime suspensions are counted as half a school day in determining whether a governing board meeting is triggered.
The law does not allow for extending a suspension or ‘converting’ a suspension into a permanent exclusion. In exceptional cases, usually where further evidence has come to light, a further suspension or a permanent exclusion may be issued to begin immediately after the first suspension ends.
As we have read in our other pages, only the head teacher has the power to exclude (unless they have specifically designated this duty for example, being away) and it must be on disciplinary grounds (not because the school cannot meet the child’s needs). The decision to exclude a pupil must be lawful, reasonable, fair & proportionate*. Please below for more information.
Where suspensions are becoming a regular occurrence for a pupil, headteachers and schools should consider whether suspension alone is an effective sanction for the pupil and whether additional strategies need to be put in place to address behaviour.
Any exclusion of a pupil, even for a short period of time, must be formally and accurately recorded. For an suspension to be lawful, certain steps must be followed by the school. These steps will vary depending on whether the length of the suspension is:
- Up to 5 days
- Over 5 days but no more than 15 days
- Over 15 days
All the following steps must be completed for a suspension to be lawful. Only points 3 & 4 may differ (depending on which of the above time scales apply):
- The Head Teacher must tell parents by phone or in person without delay why the pupil has been excluded and for how long.
- The Head Teacher must then follow this up in writing to the parents with the same information. They must also explain that they have right to make representations* about the exclusion and how to do this.
- The Head Teacher must inform the LA (and Governors if over 5 days).
- The Governors must meet (if the exclusion is over 15 days) within 15 days of receiving the notice of the exclusion. If less, then they must meet if an external or National Curriculum exam would be missed or parents request a meeting.
- *Parents always have the right to say why they object to the exclusion or give their views about it. These are called “representations” and should be made in writing. These must be considered by governors even where there is no requirement for a meeting.
- If there is a meeting, parents have the right to attend. They can also have someone to represent them at the meeting (such as a solicitor) and can bring a friend.
- If the pupil is ‘looked after’, the Head Teacher without delay, must tell the Virtual School Head and if the pupil has a social worker, then also the social worker about the exclusion.
- School must take reasonable steps to set and mark work for the first five days of a period of exclusion. All work provided should be something that can be done by pupils outside of school.
If a child is suspended again following their original suspension, or is subsequently
permanently excluded, the headteacher must inform parents and where relevant, the
pupil’s social worker or local authority if the pupil has an EHCP, without delay and issue a
new exclusion notice to parents and the social worker.
If your child has been removed from the school without the lawful suspension process being followed, you should discuss this with the head teacher in the first instance. You should follow the school’s complaints procedure to complain to the governing board if you are not satisfied.
The decision to exclude a pupil by the head teacher must be lawful, reasonable, fair and proportionate. Lets take a look at what these mean.
The law sets out a number of tests that must be satisfied for an exclusion to be lawful.
The governors do not have the power to uphold exclusions that are not lawful. Therefore, if the governors find an exclusion to be unlawful, but uphold it anyway, then they are acting outside of the scope of their lawful powers. The decision would, in such circumstances, be in breach of the public law principle of lawfulness.
Therefore when looking at whether the permanent exclusion was lawful, check that the proper procedures were followed in accordance with the guidance (see drop down box above – ‘what happens when the Head Teacher….’ ). For example:
- Was it the head teacher who excluded the child?
- Were you told by phone or face to face immediately?
- Were you notified in writing ‘without delay’?
- Did the letter give reasons for the exclusion?
Reasonableness requires a headteacher to account for relevant information before deciding to exclude someone. If a headteacher fails to account for witnesses saying something different, the facts or the pupil’s side of the story this may be grounds to consider that the decision to exclude them has been unreasonable.
Another thing to consider is whether this is out of character for the pupil to behave in this way. If it is, it may be considered unreasonable to permanently exclude them if this is a one off event and there may be extenuating circumstances involved.
Fairness requires that the parties are treated equally and there is a general concept in law that where a person is accused of something, their defence is fairly heard. An unfair process will undermine the decision made, even if the decision itself is technically the correct one.
Discrimination exists both in UK domestic law under the Equality Act 2010, and in the European Convention on Human Rights, both of which apply to exclusions. Disability is one of the protected characteristics in both of these and therefore any decision made in a discriminatory way would be ‘unfair’. You can find out more about Disability Discrimination in our Disability and Schools page.
The decision to permanently exclude might be unfair if:
- 2 pupils who have done the same thing and only your child is permanently excluded.
- If the pupil is rushed to explain, knowing that they struggle to verbalise.
- If the pupil is not able to give their explanation of what happened – and probably more importantly, why.
- Is the SEN provision identified under their ILP or EHCP being given?
Any sanction imposed must be proportionate to the alleged misconduct and breach of the school’s behaviour policy. Where a lesser sanction is available which would be suitable, then permanent exclusion would be disproportionate in addressing that misconduct and must not be given. Put simply, even if a permanent exclusion is reasonable, if it is one of multiple reasonable responses to a pupil’s behaviour, then the least severe must be applied.
- Has the Head Teacher considered what the impact of the exclusion will be on the pupil.
- Were there alternative sanctions available?
- Have they considered whether they will miss any exams, or whether they will have to abandon extracurricular activities. (it is very difficult for permanently excluded students in their GCSE years to get back into mainstream school, meaning they are likely to sit their GCSEs in alternative provision. It is widely accepted that a very high percentage of such students (approx 98%) leave alternative provision without achieving 5 good standard GCSEs.
For a fixed term exclusion of more than five school days, the governing body (or, if a pupil is excluded from a pupil referral unit, the local authority) must arrange suitable, full-time education for any pupil of compulsory school age. This provision must begin no later than the sixth day of the exclusion, but they should try to start this provision as soon as possible.
It is important that during a suspension, pupils still receive their education. Headteachers should take steps to ensure that work is set and marked for pupils during the first five school days of a suspension. This can include utilising any online pathways such as Google Classroom or Oak National Academy.
For pupils who are ‘looked after’, schools and local authorities should work together to arrange alternative provision from the first day following the exclusion. For Permanent Exclusion it is the LA (not the school) who become responsible for arranging a suitable, full-time education to begin no later than the sixth day of the exclusion, but they should try to start this provision as soon as possible.
The school’s legal duties to pupils with disabilities or SEN remain in force, for example, to make reasonable adjustments in how they support disabled pupils during this period. Any time a pupil is sent home due to disciplinary reasons and asked to log on or utilise online pathways should always be recorded as a suspension.
Any use of alternative provision should be based on an understanding of the support a child or young person needs in order to improve their behaviour, as well as any SEND or health needs.
Off-site direction may only be used as a way to improve future behaviour and not as a sanction or punishment for past misconduct. Off-site direction should only be used where in school interventions and/or outreach have been unsuccessful or are deemed inappropriate and should only be used to arrange a temporary stay in Alternative provision.
Schools and their Governing Bodies have extra duties where children and young people have:
- SEND (Special Educational Needs and/or Disabilities);
- a social worker and/or
- who may be or have previously been ‘looked after’
The Equality Act 2010 requires schools to make reasonable adjustments for disabled pupils. This duty can, in principle, apply both to the suspensions and permanent exclusions process and to the disciplinary sanctions imposed. Under the Children and Families Act 2014, governing boards of relevant settings must use their ‘best endeavours’ to ensure the appropriate special educational provision is made for pupils with SEN, which will include any support in relation to behaviour management that they need because of their SEN.
Schools should engage proactively with parents in supporting the behaviour of pupils with additional needs.
Where a school has concerns about the behaviour, or risk of suspension and permanent exclusion, of a pupil with SEN, a disability or an EHC plan it should, in partnership with others (including where relevant, the local authority), consider what additional support or alternative placement may be required. This should involve assessing the suitability of provision for a pupil’s SEN or disability.
Where a pupil has an EHC plan, schools should contact the local authority about any behavioural concerns at an early stage and consider requesting an early annual review prior to making the decision to suspend or permanently exclude. For those with SEN but without an EHC plan, the school should review, with external specialists as appropriate, whether the current support arrangements are appropriate and what changes may be required. This may provide a point for schools to request an EHC assessment or a review of the pupil’s current package of support.
The September 2023 Guidance now gives more attention to those children and young people who are or who have previously been ‘looked-after’, and those who have a social worker.
For the majority of children who have a social worker, this is due to known safeguarding risks at home or in the community: over half are in need due to abuse or neglect. For children with a social worker, education is an important protective factor, providing a safe space for children to receive support, be visible to professionals and realise their potential. When children are not in school, they miss the protection and opportunities it can provide, and become more vulnerable to harm. Headteachers should balance this important reality with the need to ensure calm and safe environments for all pupils and staff, so should devise strategies that take both of these aspects into account.
Where a pupil has a social worker, e.g. because they are the subject of a Child in Need Plan or a Child Protection Plan, and they are at risk of suspension or permanent exclusion, the headteacher should inform their social worker, the Designated Safeguarding Lead (DSL) and the pupil’s parents to involve them all as early as possible in relevant conversations.
Where a child who is ‘looked-after’ is likely to be subject to a suspension or permanent exclusion, the Designated Teacher (DT) should contact the local authority’s Virtual School Head (VSH) as soon as possible. The VSH, working with the DT and others, should consider what additional assessment and support need to be put in place to help the school address the factors affecting the child’s behaviour and reduce the need for suspension or permanent exclusion. Where relevant, the school should also engage with a child’s social worker, foster carers, or children’s home workers.
All looked-after children should have a Personal Education Plan (PEP) which is part of the child’s care plan or detention placement plan. This should be reviewed every term and any concerns about the pupil’s behaviour should be recorded, as well as how the pupil is being supported to improve their behaviour and reduce the likelihood of exclusion. Monitoring of PEPs can be an effective way for VSHs to check on this.
Where previously looked-after children face the risk of being suspended or permanently excluded, the school should engage with the child’s parents and the school’s DT. The school may also seek the advice of the VSH on strategies to support the pupil.
Whenever a pupil has been suspended for over 15 days the Governors must meet to consider whether the suspension should be upheld or whether the pupil should be reinstated. They may also agree to a meeting if 15 days or fewer.
Before the meeting
If a governing board meeting has been scheduled to consider allowing your child to return to school, you will receive something in writing from your child’s school inviting you to attend the meeting.
You can send written information for the governing board to consider before the meeting. The school should explain how to do this.
The governing board meeting
The meeting will probably take place at the school or may take place remotely if you have requested this.
You can also request that a friend or representative (for example, from a charity or advocacy organisation) attend with you. You should inform the governing board if you will be bringing someone with you.
The governing board must also invite the following people to the meeting:
- the head teacher
- a representative of the local authority (in the case of a maintained school or pupil referral unit)
- your child’s social worker, if they have one
- the virtual school head, if your child is looked after by the local authority (in care)
Each of these people should be given an opportunity to speak and ask questions.
As a parent, you will have the chance to explain why you think your child should not have been suspended or permanently excluded and why they should be reinstated. You may also be asked questions.
After the meeting
You will be sent something in writing shortly after the governing board meeting explaining what decision the governing board has made and the reasons for their decision.
The decision will either be:
- not to reinstate your child
- to reinstate your child
If your child is not reinstated, your child will not be able to return to school until the end of their suspension.
If your child is reinstated, you should be told when your child can return to school, if they have not returned already.
Although it is the Head Teacher (or their appointed representative) that will decide on exclusions, it is the governing body of the school that a challenge should be made to. This is known as making a written ‘representation’ or ‘submission’. You have the right to make a written representation for any exclusion. However, a meeting is the only place where you’ll be able to present your case in person and explain to the governors why you think the suspension was unjustified.
5 school days or less – If your child has been given a fixed term exclusion/ suspension of 5 school days* or less then you can ask the governing body to hear your views but they cannot bring your child back to school early and are not required to meet you (but they may agree so worth asking).
More than 5 schools days but no more than 15 schools days – If this suspension means your child has been, or will be, out of school for a total of more than 5 school days* for the term but no more than 15 school days due to suspensions or cancelled permanent exclusions, and you have contacted the governing board about the suspension, the governing board must meet within 50 school days of being told about this suspension.
More than 15 schools days – For suspensions that on their own, or in addition to previous suspensions or cancelled permanent exclusions, will mean your child’s total number of days out of school is above 15 for the term, the governing board must meet and do so within 15 school days of being told about the suspension.
If your child will miss a public exam because of this suspension, the governing board must try to meet before the date of the exam and must meet within 15 school days of being told about the suspension.
You must be invited to the governing board meeting about your child’s suspension and allowed to comment on the suspension of your child or share information.
*1 school day equals 2 half days. Therefore the suspension could be a mix of full days or half days and it will be the total of these that determine your rights to challenge.
- Let the school know straight away that you will be writing to the Governors with objections (“representations”). You can follow up later with the reasons why you are challenging the decision.
- If the suspension meets the criteria AND you would like a meeting with the Governors, let the school know this at the same time.
- If your child has an EHCP and exclusions are increasing in frequency or length (or is permanent), let your planning coordinator know. An Emergency Annual review may well be needed.
- Send your
- If your child has SEND (Special educational needs and/or disabilities) – either diagnosed or not and point out that the school are aware.
- Are their needs being properly met? If not, the exclusion may be unfair or unlawful. If an EHCP is in place, is all the provision being made (in Section F).
- Is it possible that there are unidentified needs which require more investigation or support? Is an EHC needs assessment needed or a reassessment made of the EHCP?
- What you think might help avoid / prevent further exclusions in the future. For example allowing time to calm down, not forcing a discussion whilst in an agitated state, following the steps in the one page profile / EHCP etc.
- Include anything that has worked well, or acknowledge where certain teachers have tried.
- Try and avoid personal ‘attacks’ on individual teachers (focus where possible on the school, only mentioning specific teachers in the actual events leading up to the exclusion).
- Refer to the statutory guidance and Equality Act (if relevant) and use quotes that support your point(s). (see end of factsheet for links)
- If your child has been permanently excluded, you have the right to have a SEN expert present at the independent review panel, so request one to be present if wanted. The school should organise this.
- If your child has been excluded for more than 5 days, they are entitled to suitable, alternative education. Remind the school of this duty and ask them to let you know what is being organised.
- Remember – during the first 5 days of any exclusion you must make sure your child is not in a public place during school hours without reasonable justification. Parents can be given a fixed penalty notice if they fail to do this.
When you make representations, you should aim to explain why you feel the suspension was unfair and unjustified. Below are some common reasons for challenging a suspension.
A child’s ‘disruptive’ or ‘challenging’ behaviour may be more accurately described as ‘distressed’ behaviour and could be an indication of unmet needs. There are prescribed, proactive steps that the school could have taken, to avoid the distressed behaviour and suspension, but did not. For example, did your child’s school:
- identify and assess your child’s underlying SEND?
- implement a SEN Support Assess-Plan-Do-Review cycle when SEND were identified (see Extra help at school for further details)?
- consult the Local Offer and engage professionals from outside of the school for any complex needs or advice?
- ask the local authority (LA) to make an assessment of your child’s education, health and care (EHC) needs?
- call for an early/emergency annual review, if your child already has an EHC plan?
- arrange autism training for staff to ensure the school has a better understanding of autism and use (agreed) strategies or reasonable adjustments (see Disability discrimination in schools)?
If the school didn’t take any or all of these steps – duties that are set out in the SEND code of practice and the statutory guidance on Suspension and permanent exclusion – you may like to highlight this in your representations. This could show that the exclusion could have been prevented if the school had understood and met your child’s needs.
If your child was excluded for a ‘physical assault’ as a result of distressed behaviour, you may like to highlight that your child had no intention of harming anyone. Rather, due to feeling overwhelmed, anxious and distressed, they experienced a loss of control or ‘meltdown’ – a fight or flight response.
It can be helpful to remind professionals that behaviour is a form of communication. No child wants to be unhappy or anxious. They often feel lost, confused or simply cannot cope. Focusing on and disciplining the manifesting behaviour – rather than identifying and addressing the sources of their anxiety – is ultimately missing the point and adversely affects the child’s education and wellbeing.
If the headteacher has suggested that your child’s suspension was to ensure the safety of pupils and/or staff, you might be able to claim that you’ve not seen any evidence to support this. For example, that you’re not aware of an individualised risk assessment having been carried out and haven’t been asked to contribute to one.
‘Health and safety issues must not be used inappropriately to avoid making a reasonable adjustment. Schools should avoid making uninformed assumptions about health and safety risks’. (Equality and Human Rights Commission (EHRC) Technical Guidance for Schools (England))
You might like to make the governors aware of the impact the suspension has on your child’s education and wellbeing, particularly in terms of their mental health. For an autistic pupil, suspension can feel like an official notification that they’re not welcome at the school. This can adversely affect their self-confidence and in some cases may lead to anxiety, stress and mental health issues.
By looking at the August 2024 statutory guidance on suspensions and permanent exclusions you may be able to show that the lawful processes were not followed. For example:
- My child didn’t do what they’re accused of. The headteacher should be convinced that it’s more likely than not that your child did what was alleged (paragraph 3).
- The suspension was disproportionate. For example, a five-day suspension for an incident in which no-one was hurt could be considered excessive. As suspension is the most serious sanction the school can use (apart from permanent exclusion), the headteacher would need to be convinced that the negative impact it’s likely to have on your child is justified (paragraph 2).
- My child’s version of events was not taken. Where practical, the headteacher should give the pupil a chance to give an account of an incident before taking the decision to exclude. For an autistic pupil, reasonable adjustments must be made. For example, to avoid them simply confessing in order to escape the situation, allowing your child to draw pictures of the sequence of events and/or allowing a teaching assistant to take down their account (paragraph 4).
- My child has been subject to bullying at break times and this triggered the incident. The headteacher should consider any contributing factors that are identified after an incident of poor behaviour, such as bereavement, bullying, or other triggers (paragraph 4).
- The headteacher has suspended my child for a non-disciplinary reason. It’s unlawful to exclude a pupil simply because they have additional needs or a disability that the school feels unable to meet (paragraph 20).
- My child’s suspension has been extended. Extending a suspension is unlawful. A further suspension can be issued, but only in exceptional cases, usually where further evidence has come to light. If this happens, you may want to state that you’re not aware of any new evidence that might suggest that a longer suspension is warranted (paragraph 10).
- The headteacher has discussed the suspension with a governor (who is on the discipline committee) prior to the meeting. The governors should not discuss the suspension with any party outside the meeting (paragraph 112).
You might like to consider whether your child’s exclusion amounts to disability discrimination.
Example:
Your child is excluded for an incident in a lunchtime queue. There had been a sudden unexpected change to the order that the classes went into the lunch hall and other children had been pushing into the line. In this instance, you might argue that your child’s response – lashing out – was a direct consequence of their autism. Characteristics of autism include dislike of change, which often leads to anxiety or other forms of distress (including aggression) and being unusually intolerant of people entering their personal space.
Even if it’s difficult to show that your child’s behaviour was as a result of their autism, you may be able to argue that it was triggered by difficulties they face that are linked to their autism. So, if an incident occurred at break time, you could suggest that your child’s difficulties with social interaction, which are linked to autism, affected their behaviour. If the school knew that change was difficult for your child then reasonable adjustments should have been made.
The duty to make reasonable adjustments is an ‘anticipatory duty’. This means that the school should have thought in advance about what your child might have needed. There may also have been reasonable adjustments that the school could have made to avoid the incident. For example, they may have agreed to provide one-to-one support at break times which, on this occasion, was not done.
In 2018 there was a tribunal ruling that means schools and colleges must have made appropriate reasonable adjustments for autistic pupils, aged under 18, before they can exclude them. The judge stated: “To my mind it is repugnant to define as ‘criminal or anti-social’ the effect of the behaviour of children whose condition (through no fault of their own) manifests itself in particular ways so as to justify treating them differently from children whose condition has other manifestations.” (C&C v The Governing Body of a School, The Secretary of State for Education (First Interested Party) and The National Autistic Society (Second Interested Party) (SEN) [2018] UKUT 269 (AAC))
Reasonable adjustments can include allowing an autistic pupil to:
- have access to a ‘quiet’ area or separate workstation
- wear ear defenders to minimise sensory sensitivities
- use an exit card to leave the classroom when feeling overwhelmed
If you feel that your child’s suspension amounts to disability discrimination, as well as making representations to governors, you can also make a claim of disability discrimination to the First-tier Tribunal (special educational needs and disability). You can read our information about how to do this How do I appeal my child’s exclusion to the First-tier Tribunal
You can ask for a governing board meeting or independent review panel (IRP) meeting to be held via the use of remote access technology, such as video conferencing software. However, remote meetings should not be the automatic choice and face-to-face meetings should always be encouraged.
For governing board meetings, the head teacher must tell you in writing that you can ask for the meeting to be held remotely. For IRP meetings, the governing board must tell you in writing that you can ask for the meeting to be held remotely.
Arranging the meeting
The governing board, or organisation that arranges IRP meetings, should tell you about the technology that will be used for the meeting.
Where you have not expressed a preference, a face-to-face meeting must be arranged.
Governing boards and organisations that arrange IRP meetings should not pressure you to have a remote meeting if you have not requested one.
Extraordinary events or unforeseen circumstances
If there is a reason related to extraordinary events or unforeseen circumstances, such as a pandemic, it may not be possible for a governing board meeting or independent review panel to be held in person. In this situation the meeting can be held using remote access and does not require you to specifically request a remote meeting.
When deciding whether to request a remote meeting, you should consider:
- your internet connectivity, whether it is good enough and not intermittent or slow
- if you have a suitable space free from distraction to enable you to fully take part
- whether a face-to-face meeting may be better
The governing board, or organisation that arranges IRP meetings, must be satisfied that:
- those taking part will be able to comment on, or share information about the issues remotely
- the meeting can be held fairly and openly this way
Each person attending the meeting should be able to hear and be heard and (where using a live video link) see and be seen throughout the meeting.
If a governing board, or the organisation that arranges IRP meetings, does not think that a meeting can be held fairly and openly via remote access, they should talk to you about how a face-to-face meeting can be arranged that will be convenient for you.
Issues with technology
Issues with the technology or internet network during the remote meeting can cause problems if they prevent:
- those taking part from being able to:
- discuss the issues fully
- be seen and heard
- the meeting from being held fairly and openly
If it is not possible to resolve the issues, a face-to-face meeting must be arranged by the governing board, or organisation that arranges IRP meetings, despite your request.
Other requirements
The use of remote access does not alter other exclusion process requirements that apply to governing boards, organisations that arrange IRP meetings or independent review panels.
For example, if you request the appointment of a SEN expert to advise a review panel, the organisation that arranges IRP meetings must appoint one and cover the cost as normal. You may be joined by a friend as normal.
The governing board, or organisation that arranges IRP meetings, should take reasonable steps to help you access the technology required. For example, governing boards and organisations could run a ‘test meeting’ to check if your technological device is suitable.
If another person joining the meeting requires support to access or use remote access technology, the governing board or organisation should help to ensure the meeting can be held promptly.
Taking part
Information should be shared with you to explain how you can effectively take part in the meeting. This includes:
- providing clear instructions about how you can join the meeting virtually, and how relevant documents will be distributed in a timely manner ahead of the meeting
- providing a named person who you can contact with any questions you may have beforehand
- holding a pre meeting with you and other people participating to check that the available technology is suitable, and everyone understands how to access the meeting
- the chair explaining the agenda at the start and providing clear guidance on how the meeting will be run, for example:
- how you and other people attending should indicate they wish to speak
- how any ‘chat’ functions should be used
- whether there will be any breaks in meeting
- how you and other people attending can access advocacy services during the meeting
Schools should support pupils to reintegrate successfully into school life and full-time education following a suspension (this may also be after a cancelled exclusion) or period of off-site direction (see paragraphs 36 to 47). They should design a reintegration strategy that offers the pupil a fresh start; helps them understand the effect of their behaviour on themselves and others; teaches them to how meet the high expectations of behaviour in line with the school culture; fosters a renewed sense of belonging within the school community; and builds engagement with learning.
The reintegration strategy should be clearly communicated at a reintegration meeting before or at the beginning of the pupil’s return to school. During a reintegration meeting, the school should communicate to the pupil that they are valued, and their previous behaviour should not be seen as an obstacle to future success. Where possible this meeting should include the pupil’s parents. It is important to note that a pupil should not be prevented from returning to a mainstream classroom if parents are unable or unwilling to attend a reintegration meeting. To ensure ongoing progress, the strategy should be regularly reviewed and adapted where necessary throughout the reintegration process in collaboration with the pupil, parents, and other relevant parties.
Where necessary, schools should work with relevant staff and multi-agency organisations, such as teachers, pastoral staff, mentors, social workers, educational psychologists or the safer schools team, to identify if the pupil has any SEND and/or health needs.
A part-time timetable should not be used to manage a pupil’s behaviour and must only be in place for the shortest time necessary. Any pastoral support programme or other agreement should have a time limit by which point the pupil is expected to attend full-time education, either at school or alternative provision.
There should also be formal arrangements in place for regularly reviewing a part-time timetable with the pupil and their parents. In agreeing to a part-time timetable, a school has agreed to a pupil being absent from school for part of the week or day and must treat absence as authorised.
Schools can consider a range of measures to enable the pupil’s successful reintegration which can include, but are not limited to:
- Maintaining regular contact during the suspension or off-site direction and welcoming the pupil back to school;
- Daily contact with a designated pastoral professional in school;
- Use of a report card with personalised targets leading to personalised rewards;
- Ensuring the pupil follows an equivalent curriculum during their suspension or off-site direction or receives academic support upon return to catch up on any lost progress;
- Planned pastoral interventions;
- Mentoring by a trusted adult or a local mentoring charity;
- Regular reviews with the pupil and parents to praise progress being made and raise and address any concerns at an early stage;
- Informing the pupil, parents and staff of potential external support.
If you are unhappy about how the exclusion process (including the reviews) has been dealt with for your child, you can complain to DfE. This is different to disagreeing about the exclusion being given in the first place and would be done through making ‘written representation’ to the governing board.
Before you can submit a complaint about a school, you need to have first gone through the school’s complaints procedures. It is a legal requirement for all maintained schools to publish their complaints policy on their website, and all academies are encouraged to do so as well.
If you have complained to the school and you are not happy with their handling of your complaint, you can complain to DfE.
When you submit a complaint you should provide copies of:
- all correspondence sent to and received from the school, including any decision letters, in connection with the suspension or permanent exclusion and complaint
- any notes or minutes of any meetings held in connection with the suspension or permanent exclusion and complaint
If you are unhappy about the way the independent review was carried out following your child’s permanent exclusion you can:
- complain to the Local Government and Social Care Ombudsman – for maintained schools
- complain to DfE – for academies
Further Information
- Exclusion Resources – Equality and Human Rights Commission (councilfordisabledchildren.org.uk)
- A guide for parents on school behaviour and exclusion – GOV.UK (www.gov.uk): ——
- From August 2024: School suspensions and permanent exclusions – GOV.UK (www.gov.uk)
- Guide for parents: School exclusions: guide for parents – GOV.UK (www.gov.uk)
- School Exclusions Hub – schoolexclusionshub.org.uk
- Coram’s Child Law Advice service – telephone: 0300 330 5485 (Monday to Friday, 8am to 6pm)
- ACE education – telephone: 0300 0115 142 (Monday and Tuesday,10am to 1pm during term time)
- Independent Provider of Special Education Advice (IPSEA) – independent information and support on the suspension and permanent exclusion of children with SEND
- If your child has Autism, the National Autistic Society’s School Exclusion Helpline on 080 8800 4002.