A permanent exclusion is when a pupil is no longer allowed to attend the school and their name will be removed from the school roll (unless the pupil is reinstated).
The decision to exclude a pupil permanently should only be taken:
Suspension and permanent exclusion guidance September 2023
- in response to a serious breach or persistent breaches of the school’s behaviour policy; and
- where allowing the pupil to remain in school would seriously harm the education or welfare of the pupil or others such as staff or pupils in the school.
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.
Vulnerable Pupils
The new Exclusions guidance is intended to protect children who are ‘looked after’ as well as those with education and health care plans. These groups are considered to be especially vulnerable to exclusions and therefore require additional protections. Headteachers must avoid permanently excluding these children “wherever possible”.
It is also a requirement on the school to support pupils who are at risk of exclusion, before one materialises. The school should mitigate the risk of exclusion by supporting the pupil with any unmet needs they have. Because of the number of excluded young people that have underlying, unmet needs, this is one of the most important protections in place to shield vulnerable students from avoidable exclusion.
As with Fixed Term Exclusions (“Suspensions”), the decision to permanently exclude a pupil by the head teacher must be lawful, reasonable, fair & proportionate. *
- The Head Teacher must tell parents by phone or in person without delay why the pupil has been permanently excluded. Parents should have opportunity to ask questions at this
- 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 the school’s Governors. The LA must also be made aware if the child or young person has an EHC plan.
- The Governors must meet within 15 days of receiving the notice of the exclusion.
- *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.
- Parents have the right to attend the meeting with the Governors. 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 (VSH) 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 your child is subsequently permanently excluded following an original suspension, 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.
It is important for schools to help minimise the disruption that a permanent exclusion can cause to a pupil’s education. Whilst the statutory duty on governing boards or local authorities is to arrange full-time education from the sixth day of a permanent exclusion, there is an obvious benefit to the pupil in starting this provision as soon as possible.
In the case of a looked-after child or child with a social worker, the school and the local authority should work together to arrange alternative provision from the first day following the permanent exclusion. Where a looked-after child is excluded, the school should document the provision of immediate suitable education in the child’s PEP.
For permanent exclusions, the local authority must arrange suitable full-time education for the pupil to begin from the sixth school day after the first day the permanent exclusion took place. This will be the pupil’s ‘home authority’ in cases where the school is in a different local authority area.
The school should collaborate with the local authority when the pupil might be eligible for free home to school travel, arranged by the local authority, to the place where they will be receiving education.
In addition, where a pupil has an EHCP, the local authority may need to review the plan or reassess the child’s needs, in consultation with parents, with a view to identifying a new placement.
Provision does not have to be arranged by either the school or the local authority for a pupil in the final year of compulsory education who does not have any further public examinations to sit.
The headteacher can cancel any exclusion that has already begun (or one that has not yet begun), but this can only happen when the governing board has not yet met to consider whether the pupil should be reinstated. A permanent exclusion cannot be cancelled if the pupil has already been excluded for more than 45 school days in a school year or if they will have been so by the time the cancellation takes effect.
Where an exclusion is cancelled however:
- The headteacher must notify the parents, the governing board, the LA and the pupil’s social worker and Virtual School Head (VSH) as applicable, without delay. The notification must also provide the reason for the cancellation;
- The governing board’s duty to consider reinstatement ceases, and there is no requirement to hold a meeting to consider reinstatement;
- Parents (or the excluded pupil if they are 18 years or older) should be offered the opportunity to meet the headteacher to discuss the circumstances that led to the exclusion being cancelled which should be arranged without delay;
- The pupil must be allowed back into the school from which they were excluded without delay;
- Any days spent out of school as a result of any exclusion, prior to the cancellation will count towards the maximum of 45 school days permitted in any school year.
As we saw earlier, the decision to permanently 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 a permanent 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.
You will be invited to a meeting with the school governing board if your child has been permanently excluded. This will happen within 15 school days of the school governing board being told about the permanent exclusion and you must be allowed to comment on the permanent exclusion or share information.
If you do not agree with the decision to permanently exclude your child or young person then you can make ‘written representations’ (objections) to the Governing board of the school. Let the school know straight away that you will be doing this. At the same time, if you would like to attend the meeting with the Governors, then let the school know this as well.
If your child has an EHCP, let your planning coordinator know as they may need to organise an Emergency Review of the EHC plan. The LA will be responsible for ensuring the provision is being met.
Here is a flowchart setting out the timeframes and the Governors’ duties dependant on the condition of the exclusion.
As mentioned above, you must be allowed to comment on the permanent exclusion or share information, and the school should tell you how you can do this. You can send written information for the governing board to consider before the meeting (written representations). You do not have to attend the meeting, but it is advisable to do so if possible.
- 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.
When you make representations, you should aim to explain why you feel the exclusion 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 exclusion has on your child’s education and wellbeing, particularly in terms of their mental health. For an autistic pupil, exclusion can feel like an official notification that they’re not liked or 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 exclusion was disproportionate. For example, a permanent exclusion for an incident in which no-one was hurt could be considered excessive. As exclusion is the most serious sanction the school can use, 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).
- 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 turned into a permanent exclusion. Extending a suspension or changing it into a permanent exclusion is unlawful. A further suspension can be issued, or a permanent exclusion can be issued after a suspension, 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 exclusion with a governor (who is on the discipline committee) prior to the meeting. The governors should not discuss th exclusion 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 exclusion 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 information from autism.org.uk about how to do this How do I appeal my child’s exclusion to the First-tier Tribunal
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:
- to reinstate your child
- not to reinstate your child
If your child is reinstated, you should be told when your child can return to school, if they have not returned already.
If your child is not reinstated, your child will not be able to return to school at all if they are permanently excluded. If you disagree with with the Governors, you can request an IPR (Independent Review Meeting)
If your child has been permanently excluded and the governing board decides not to reinstate them, you have the right to request an independent review panel. The governing board must explain to you how to do this. You must apply within 15 school days of receiving the governing board’s decision.
An independent review panel may take place:
- at your child’s school
- in another school building
- at the local authority’s offices
- remotely if you have requested it
The panel members will include:
- a current or past head teacher
- a current or past governor
These will be from another school, not the one your child attended.
The independent review panel members should be independent and impartial.
You can ask for a SEN expert to attend an independent review panel, regardless of whether the school recognises that your child has SEN. You should include this in your application for an independent review panel.
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
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.