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Children with special educational needs are excluded from school at far higher rates than their peers, and some of those exclusions break the rules. Knowing how exclusions are supposed to work under the current guidance is the first step to challenging one.
This guide explains the legal framework and what you need to know. When you are ready to write the actual letter, .
Children with special educational needs and disabilities are excluded from school far more often than their peers. Department for Education figures for 2024/25, published in July 2026, show that pupils on SEN support were suspended at more than four times the rate of pupils with no identified SEN, and permanently excluded at six times the rate. Pupils with an EHC plan were suspended at more than three times the rate. For many families, an exclusion arrives with little warning and even less explanation, at exactly the moment their child most needs support.
A child's behaviour is very often a sign of unmet need. When a school responds to that behaviour with exclusion rather than support, it may be acting unlawfully. This article explains how exclusions are meant to work under the current guidance, what protections your child has, and how to challenge a decision.
Exclusions in England are governed by the School Discipline (Pupil Exclusions and Reviews) (England) Regulations 2012 and the Department for Education's statutory guidance, Suspension and permanent exclusion from maintained schools, academies and pupil referral units in England. The latest version of the guidance took effect on 26 July 2026.
The 2026 changes mainly cover off-site directions, which academies and pupil referral units can now use as well as maintained schools, and when a school can keep a pupil away from its premises for safeguarding reasons, which is not a disciplinary exclusion. The duties schools owe to children with SEN and disabilities, set out below, still apply in full.
A suspension (sometimes still called a fixed-period exclusion) removes a child from school for a set number of days. A pupil can be suspended for up to 45 school days in a single academic year. A permanent exclusion removes them from the school roll altogether.
Only the headteacher can suspend or permanently exclude a pupil, and only on disciplinary grounds. The decision must be lawful, reasonable, fair and proportionate. Every exclusion, even for half a day, must follow the formal process, be recorded, and be confirmed to you in writing with the reasons. The headteacher must notify you without delay.
Schools cannot exclude a child informally. The guidance gives examples of off-rolling that include sending a pupil home without a formal suspension, whether or not the parent agrees, and placing a pupil on a part-time timetable for behavioural reasons. Being asked to collect your child early "to calm down" on a regular basis falls into the same trap.
The guidance also says it would be unlawful to exclude a pupil simply because they have SEN or a disability that the school feels it is unable to meet.
The Equality Act 2010 requires schools to make reasonable adjustments for disabled pupils, and many children with SEN meet the legal definition of disabled. The guidance says this duty can apply both to the exclusion process and to the sanction itself. If a child is excluded for behaviour connected to their disability, and the school has not made reasonable adjustments, the exclusion may amount to unlawful discrimination.
Under the Children and Families Act 2014, schools must also use their best endeavours to make sure the special educational provision your child needs is in place. The guidance confirms this includes any support with behaviour that a pupil needs because of their SEN.
Where a school has concerns about the behaviour of a pupil with SEN, a disability or an EHC plan, the guidance says it should work with others, including the local authority where relevant, to consider what extra support or alternative placement may be needed. If your child has an EHC plan, the school should contact the local authority early and consider asking for an early annual review before deciding to suspend or permanently exclude. If your child has SEN but no EHC plan, the school should review whether the current support is right, and this may be the point to request an EHC needs assessment.
Education from the sixth day. For a suspension of more than five consecutive school days, or a permanent exclusion, full-time education must be arranged from the sixth school day. Before then, the school should set and mark work for your child.
A governing board review. The governing board must consider reinstatement within 15 school days for a permanent exclusion, for a suspension that takes your child over 15 school days out of school in a term, or where your child would miss a public exam. For suspensions totalling more than five but not more than 15 school days in a term, the board must consider it if you make representations.
An independent review panel. If the governing board upholds a permanent exclusion, you can apply for an independent review within 15 school days of being given written notice of the board's decision.
A SEN expert at the review. When you apply for an independent review, you can ask for a SEN expert to attend. The local authority or academy trust must appoint one and cover the cost, whether or not the school recognises that your child has SEN.
A disability discrimination claim. If you believe an exclusion was disability discrimination, you can bring a claim to the First-tier Tribunal (Special Educational Needs and Disability). Claims should be made within six months of the discrimination.
The strongest challenges combine two arguments: that the correct process was not followed, and that the exclusion is connected to an unmet special educational need or a disability for which reasonable adjustments were not made. Putting this in writing, calmly and with reference to the relevant duties, often prompts a school to reconsider before any formal panel is involved.
Keep a written record of every conversation, every day your child has been sent home, and every request you have made for support. This record is the backbone of any challenge.
Can the school send my child home without a formal exclusion?
No. The statutory guidance treats sending a pupil home without a formal suspension as off-rolling, even if the parent agrees. If your child is made to leave on disciplinary grounds, it must be a formal suspension, recorded and confirmed to you in writing.
Can my child be excluded because the school says it cannot meet their needs?
No. The guidance says it would be unlawful to exclude a pupil simply because they have SEN or a disability that the school feels it is unable to meet.
My child has an EHC plan. What should the school do before excluding?
The guidance says the school should contact the local authority about behaviour concerns at an early stage and consider asking for an early annual review before deciding to suspend or permanently exclude.
How long do I have to ask for an independent review panel?
15 school days from the date you are given written notice of the governing board's decision not to reinstate your child. You can ask for a SEN expert to attend in the same application.
What changed in the July 2026 exclusion guidance?
The version that took effect on 26 July 2026 mainly covers off-site directions, which academies and pupil referral units can now use, and how schools can keep pupils apart for safeguarding reasons. The SEN and disability duties in this article continue to apply.
If your child has been excluded, or is being sent home informally, a clear and legally informed letter is the most effective first move. SEN Letters UK can generate a letter that sets out the situation, references the duties the school owes your child, and requests the specific action you need, whether that is reinstatement, a support meeting, or an EHC needs assessment.
SEN Letters UK writes the letter for you, professionally worded, legally informed, tailored to your child's situation.
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You do not need the school's permission to ask. We will email you a ready-to-use template letter to request an EHC needs assessment from your council, with the right wording and the law it rests on.
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