How school exclusions and SEND should be handled

School exclusions and SEND can be especially difficult for families because the behaviour that leads to a suspension or permanent exclusion may sit alongside unmet needs, inconsistent support, disability-related barriers, anxiety, trauma, communication difficulties or an Education, Health and Care Plan (EHCP) that is not working in practice.

This guide explains how suspensions and permanent exclusions should be approached where a child or young person has special educational needs and disabilities (SEND), an EHCP, or a disability under the Equality Act 2010.

The short answer

A child with SEND can be suspended or permanently excluded, but the decision must still be lawful, reasonable, fair and proportionate. Schools must consider their wider duties, including Equality Act duties, reasonable adjustments, SEND support, EHCP provision, safeguarding and the child’s own views. Current guidance no longer relies on the older phrase that “challenging behaviour may be a sign of unmet special educational needs”, but the underlying issue still matters: schools should consider whether support, provision, reasonable adjustments or wider assessment need to change before exclusion becomes the only response.

What is the difference between a suspension and a permanent exclusion?

A suspension is a temporary exclusion from school. It used to be widely called a fixed-period exclusion. A pupil can be suspended for one or more fixed periods, up to a maximum of 45 school days in a single academic year.

A permanent exclusion means the pupil is no longer allowed to attend that school unless they are reinstated. It is the most serious disciplinary sanction a school can use and should only be used as a last resort.

Only the headteacher, or principal in an academy, can suspend or permanently exclude a pupil. The exclusion must be for disciplinary reasons. If a pupil is sent home because the school says it cannot meet their needs, because a parent has not attended a reintegration meeting, or because the school wants the child on a reduced timetable for behaviour reasons, this may raise serious concerns.

Informal exclusions are not a separate category. If a child is sent home for disciplinary reasons, even for part of a day, the formal suspension process should be followed and recorded. Phrases such as “cooling off”, “internal arrangement”, “just take them home for the afternoon”, or “we won’t record this” should be treated carefully.

For families, the first practical question is:

“Has the school formally recorded this as a suspension or permanent exclusion, and have we received written reasons?”

If the answer is no, the situation may need to be challenged quickly.

What has changed in the current exclusion guidance?

The language around exclusions has shifted. Older guidance and training materials often used the idea that disruptive or challenging behaviour could be a sign of unmet needs. That phrase has been removed from more recent guidance.

That does not mean SEND no longer matters. It means families should frame the issue through the current duties and decision points.

Current guidance places greater emphasis on behaviour, safety, high expectations and the use of suspension or permanent exclusion where warranted. At the same time, it keeps important protections for children with SEND and disabled pupils.

The current framework still requires schools and governing boards to think about:

• whether the decision is lawful, reasonable, fair and proportionate;
• whether the pupil’s views have been considered;
• whether there are contributing factors;
• whether reasonable adjustments were needed;
• whether current SEND support was appropriate;
• whether the child has an EHCP and whether it is working;
• whether the local authority should be involved;
• whether an early annual review or EHCP reassessment is needed;
• whether alternative provision, off-site direction or managed move arrangements are being used properly;
• whether the exclusion is actually masking an inability to meet need.

So the language has changed, but the practical question remains highly relevant:

“Was this behaviour considered in the context of the child’s needs, support, disability and provision?”

How should SEND and disability be considered before exclusion?

Where a pupil has SEND, a disability or an EHCP, the school should not treat exclusion as a purely behavioural event without looking at context.

This does not mean every exclusion of a child with SEND is automatically wrong. Schools also have duties to protect staff, pupils and the wider school community. But the decision should still take account of the individual child’s needs and the support in place.

For a pupil with SEN Support, the school should consider whether the current support plan is still appropriate. Has the school identified the needs properly? Have strategies been tried consistently? Has the SENCO been involved? Are external specialists needed? Is the child’s behaviour communicating that the current support is not enough?

For a pupil with an EHCP, the questions are more specific. Is the special educational provision in the plan actually being delivered? Is the plan specific enough? Does it include behaviour-related support, emotional regulation support, communication support, sensory strategies, therapy input or adult support where needed? Has the local authority been contacted? Should there be an early annual review?

For a disabled pupil, the Equality Act 2010 is important. Schools must make reasonable adjustments where a disabled pupil would otherwise be placed at a substantial disadvantage. That can apply to behaviour policies, sanctions, reintegration, communication, access to work during suspension, and how the pupil participates in meetings.

Reasonable adjustments might include:

• a different de-escalation plan;
• a safe regulation space;
• adapted communication;
• visual instructions;
• support to understand behaviour expectations;
• changes to transition arrangements;
• sensory adjustments;
• a trusted adult check-in;
• a modified reintegration plan;
• support to participate in a governing board meeting;
• accessible work during suspension.

A school should not simply say, “We treat all pupils the same.” Equality sometimes requires a different approach so that a disabled pupil is not placed at a substantial disadvantage.

What should happen during a suspension?

During a suspension, education should not simply stop. Schools should take steps to set and mark work during the first five school days. For a pupil with SEND or a disability, that work should be accessible and achievable.

This matters because some children are sent home with work they cannot understand, complete or regulate themselves to do. If the child needs adult support, assistive technology, chunked instructions, visual prompts or reduced cognitive load in school, those needs may still exist during suspension.

For suspensions longer than five school days, suitable full-time education should usually be arranged from the sixth school day. Where suspensions are consecutive, the days can count together for this purpose.

A reintegration plan is also important. A return from suspension should not simply be a warning followed by the same conditions that led to the exclusion. Current guidance expects schools to support successful reintegration and consider strategies such as pastoral support, mentoring, personalised targets, academic catch-up, regular reviews and contact with parents.

For children with SEND, reintegration should usually ask:

• What triggered the incident?
• What support was missing or not working?
• What will be different on return?
• How will staff respond if the same pattern starts again?
• Does the child understand the plan?
• Are reasonable adjustments needed?
• Does the EHCP or SEN Support plan need changing?

A reintegration meeting can be helpful, but a pupil should not be prevented from returning to the classroom simply because a parent cannot or will not attend that meeting.

What if the school suggests off-site direction or a managed move?

Off-site direction and managed moves are not the same as exclusion, and they should not be used as informal ways to remove a child from school.

Off-site direction is a temporary arrangement where a pupil is required to attend another education setting to improve behaviour. It should have clear objectives, a timeframe and review arrangements. It should not be used simply as punishment for past behaviour.

For a pupil with SEND or a disability, off-site direction should still be based on an understanding of the child’s needs. If the pupil has an EHCP, the local authority should be notified, and the duties under the Equality Act and Children and Families Act continue to apply.

A managed move is a voluntary, planned move to another mainstream school. It should be agreed by all relevant parties and should only happen where it is in the pupil’s best interests. Parents should not be pressured into agreeing to a managed move under threat of permanent exclusion.

If a child has an EHCP, a managed move needs particular care. The local authority will usually need to follow the process for amending the EHCP, because the named placement may need to change.

A useful family question is:

“Is this being proposed as a genuine planned intervention, or is it being used because the school wants my child off roll?”

That distinction matters.

What can families do after an exclusion?

The first step is to get the paperwork. The school should provide written reasons for the suspension or permanent exclusion and explain the family’s rights to make representations.

Families should then create a simple timeline:

• What happened before the incident?
• What support was supposed to be in place?
• What actually happened on the day?
• What did the child say happened?
• Who made the decision to exclude?
• What written reasons were given?
• Was the local authority notified?
• Was the social worker or Virtual School Head notified if relevant?
• Was the EHCP or SEN Support plan considered?
• Were reasonable adjustments considered?
• What education has been arranged during the exclusion?

Then gather the key evidence. This may include:

• the exclusion letter;
• the school behaviour policy;
• the SEND policy;
• the EHCP or SEN Support plan;
• annual review paperwork;
• behaviour support plans;
• risk assessments;
• communication plans;
• attendance records;
• incident reports;
• emails;
• professional reports;
• examples of missed provision;
• the child’s own account.

The aim is not to excuse everything that happened. It is to understand whether the exclusion decision was made properly and whether the child’s needs, support and disability were properly considered.

What happens if there is a permanent exclusion?

If the governing board upholds a permanent exclusion, parents can usually ask for an Independent Review Panel (IRP). The deadline is usually 15 school days from the notice of the governing board’s decision.

Parents can ask for a SEN expert to attend the IRP, even if the school does not recognise the child as having SEN. This can be very important. The SEN expert does not carry out a fresh assessment, but they can advise the panel on how SEN may be relevant and whether the school’s approach to SEN was lawful, reasonable and procedurally fair.

An IRP can uphold the decision, recommend reconsideration, or quash the decision and direct the governing board to reconsider. The IRP itself does not directly reinstate the pupil. It sends the matter back to the governing board where appropriate.

If the family believes disability discrimination was involved, a claim may be made to the First-tier Tribunal (Special Educational Needs and Disability). A disability discrimination claim is different from an IRP. The SEND Tribunal can consider whether the exclusion was discriminatory and, in some cases, can order reinstatement. The usual time limit for disability discrimination claims is six months from the alleged discrimination.

For a child with an EHCP, permanent exclusion should also trigger urgent thinking about placement and provision. The local authority may need to review the plan or reassess needs with a view to identifying a new placement. Families should not be left with a child out of education and no clear plan.

Questions families often ask

Can a child with SEND be excluded from school?

Yes, a child with SEND can be suspended or permanently excluded. However, the school must still act lawfully, reasonably, fairly and proportionately, and it must consider SEND, disability, reasonable adjustments, EHCP provision and wider support where relevant.

Is sending a child home to “cool off” allowed?

If a child is sent home for disciplinary reasons, this should usually be treated as a suspension and formally recorded. Informal or unofficial exclusions are not a separate lawful category.

What if my child was excluded because the school says it cannot meet need?

It is generally not lawful to exclude a pupil simply because they have SEND or a disability that the school feels unable to meet. If the issue is unmet need, the school and local authority may need to consider SEN Support, reasonable adjustments, an EHCP review, reassessment or a different placement route.

Can I ask for a SEN expert at an exclusion review?

Yes. If there is an Independent Review Panel after a permanent exclusion, parents can request a SEN expert, regardless of whether the school already recognises the child as having SEN.

Can exclusion be disability discrimination?

It can be, depending on the facts. If a disabled pupil was treated unfavourably because of something connected to their disability, or if reasonable adjustments were not made, a disability discrimination claim may need to be considered.

Next step

If your child has been suspended or permanently excluded and you are unsure how SEND, EHCP provision or reasonable adjustments were considered, Navigate SEND can help you organise the evidence, clarify the next step and prepare for school, local authority or review discussions.