If your child has been excluded from school, you are likely to have numerous questions about where this leaves the future of your child’s education. School exclusions are divided into two types, fixed-term exclusions and permanent exclusions. While permanent exclusions mean that your child is removed from the school roll, a fixed-term exclusion is for a limited period. Only a head teacher, acting head teacher or teacher in charge of a Pupil Referral Unit (PRU) can exclude a child.
Fixed-Term Exclusions
These types of exclusions cannot be open-ended. The child should know exactly how long he or she has been excluded from school and when he or she will be allowed to return. The maximum amount of time for which a child can be excluded is 45 days in any single school year. It is also possible to exclude a child at lunch time, which counts for a half day in England and quarter of a day in Wales. The independent watchdog Ofsted has stated that a fixed-term exclusion of between one and three days is usually long enough to demonstrate the consequences of the child’s behaviour without affecting his or her development and education.
Fixed-term exclusions should only be used where a child has seriously breached a school’s behaviour policy and the breach is not serious enough for a permanent exclusion, and other sanctions such as detention are not appropriate. A pupil can appeal a fixed term exclusion decision through the school’s governing body.
Permanent Exclusions
Permanent exclusions should be used as a last resort, and if all other processes and means of trying to improve the child’s behaviour have failed. There should be a structured process prior to the exclusion, that should endeavour to address the child’s behaviour before any such decision permanently to exclude is made. Each school must have a policy on exclusion, and staff must be trained and procedures implemented to encourage the good behaviour of school children.
If your child is permanently excluded, you can appeal within a set time limit. Failure to lodge an appeal within the specified time may mean that your child’s exclusion is permanent. Of course, any appeal may not be successful but if your child has been excluded it is worth seeking advice on the merits of an appeal as early as possible. If the appeal to the school’s governing body fails, a child who is permanently excluded can appeal to an independent appeal panel.
If you are still unhappy with the decision of the independent appeal panel, you may be able to judicially review it. This is, however, a complicated and drawn out process, and you should seek specialist legal advice from an education lawyer before embarking on this course of action.
Check your legal rights as a parent on education, health and welfare decisions.
Try our Parental Rights Checker free, here on this site →Decisions Permanently to Exclude
A decision to exclude a child from a school permanently should only be made in the following circumstances:
- Where the child has seriously breached a school’s policy on behaviour, either because of one very serious offence or several offences AND
- That allowing the child to stay at the school would seriously damage the welfare and/or education of the child, or that of other pupils at the school.
A permanent exclusion is usually issued when an incident is exceptionally serious. This may be, for example, because the child has:
- Threatened or used serious violence against a teacher, other member of staff or pupil
- Carried out an act of sexual abuse or assault
- Supplied illicit drug(s)
- Been found to be carrying a weapon
Non-Exclusion Offences
A child should never be excluded for committing minor incidents, such as failing to complete homework, for being late, breaches of school uniform rules, or for poor academic performance. A child should not be excluded as punishment for the behaviour of their parents, for example, if the parents fail to attend a scheduled meeting about their child. It is also never appropriate to exclude a child who is being bullied by sending them home for their own protection. Similarly, it is not lawful for a child to be ‘informally excluded’, by being sent home to calm down, for example.
Your situation may be slightly different. ask a question below ↓ and our editorial team will reply with our advice.
What About SEN children or those with disabilities?
It is illegal to exclude a child on the ground of his or her disability. Schools should avoid sending SEN children home other than in exceptional situations.
School Exclusion Procedure
Once the decision has been made to exclude a child, the head teacher should decide whether the exclusion is to be fixed-term or permanent. If it is a fixed-term exclusion, the length must be fixed for a precise period of time, and reasons for the exclusion should be given in a letter within one school day. Usually the parent or guardian will be informed by telephone on the day of the exclusion. The parent has a right to make representations to the school’s governing body, and the letter should set out how to do this and who to contact in order to do this.
There is a right to see the child’s school record, and the parent or guardian should also be informed that their child should not be in a public place during the period of exclusion without reasonable justification. If this is not adhered to, the parent may be prosecuted or fined. If the local authority or the school considers that the child’s parent may have had something to do with the child’s poor behaviour, the parent may be offered a Parenting Contract.
The school should allow the child to continue his or her education during the first five days that the exclusion is in place. The parent or guardian remains responsible for ensuring that the child completes the work and that it is sent back to the school.
At the end of a fixed-term exclusion, the parent should be invited by the school to attend the school for a ‘reintegration interview.’ This is to help the child back to school and to help him or her improve their behaviour. The child will normally be allowed to attend all or part of this interview.
Year9 is now choosing they are GCSE
My son was asked for the 2 days prior to this to be kept at home whilst investigations were carried out, yet no fixed term suspension was given in this place prior to the permanent exclusion?X
Whilst she was in the D HT room with a couple other students, one of the student was doing funny faces and my daughter laughed. Because she laughed the school has decided to exclude her for a fixed period .
I believe this is harsh for the school to take such action for a minor thing
The school had booked a Zoom call with me which was presented to me as an opportunity to voice my concerns on the matter but during the call I was advised that I was not permitted to discuss my opinion on the exclusion, rather the purpose of the meeting was to reintegrate my son back into the school(?) I am absolutely shocked and dismayed that the school have felt it appropriate to exclude my son following such a minor offence rather after children have been out of school for six months. A more suitable penalty would have been a detention.
To cut a long story short, an incident occurred last week where a group of boys were "winding him up" and his girlfriend was "in on the joke". This caused him to have an angry outburst where he punched a wall. This incident was witnessed by the Deputy Head Teacher who basically said that he could no longer be at the school. We were advised by the safeguarding teacher of two options - 1) to accept a permanent exclusion, 2) to advise the school that we would elect to home school our son (thus avoiding issues on record). If we chose home schooling we were assured that the school would voluntarily provide work and guidance for him leading up to his exams. He would also be allowed to take his exams at the school (although they said they would need to think about how to facilitate this).
We elected to take the home schooling option given that we felt that this was the only thing we could do to ensure some kind of continuity. It has emerged though that he now no longer has access to his course and school work because access to the cloud facility has been withdrawn. We did speak to the school but it sounds like this won't be reinstated. We currently have a very depressed 16 year old sitting at home, isolated, doing very little.
We feel a bit in limbo and possibly pushed towards the home schooling option a bit too hastily. I now feel it would have probably been better to have taken the permanent exclusion as on reflection I am not convinced that the decision taken by the school was a bit unreasonable and perhaps other interventions could have been explored at the time or at least something allowing us more time to explore potential mental health interventions.
I don't think there is anything sinister on the schools part - I think they were genuinely trying to come up with a solution but can't help thinking that there are some unintended consequences here that require a level of mitigation. I could do with some advice on the matter.
Thanks
My daughter has complex ptsd, she needs emdr and after trying one session if looks like it may work. Her psychologist has said it's going to be a minimum of 6 months.
Following the treatment her brain is processing for around 6 days, this leaves her in no competent state to be at school. This is her GCSE year. She is currently doing mocks as school are being less than helpful!
My question, how can I legally defer her GCSEs until next year? She needs to sort her mental health, she has a very tangible reason for her mental health issue and until the events are processed she will not get better. This extra stress and worry of getting behind is equally a stress.
Her psychologist is happy to support that school at present is not helpful and that emdr is far more likely to work if she is not at school, under the pressure.
Any advice would be greatly appreciated.
Many Thanks
G
They are now trying to say because I said not to call till after 2.30 they couldn't get hold of me .. my answer to that is you could have sent me a text or email ... The school teacher did finally call me back at 4.10 pm and couldn't understand why I was not a happy woman... The head of year also informed me that by law I didn't need to be given any notice of my son's exclusion !!!!!
My daughter (yr10) was told to leave the class after being given a c3 (I thought it was c4 removal from class, but apparently this teacher doesn't know the procedures).
She was falsely accused of disrupting the class by laughing at someone sneezing (which she didn't), the teacher actually said that the noise (laughing) came from her direction (no actual proof just an assumption) and was given the c3.
At that point my daughter calmly and politely said "it wasnt me", the teacher then shouted at her "are you challenging me?" then she got kicked out of class.
She went to reception where she was told to goto e1 (a so called "matrix") (a different year class) and fill out a yellow form. The teacher from e1 (matrix) then asked my daughter why she had been given a c4 which she replied she hadn't the original teacher said a c3 and even ticked c3 on the whiteboard with her name on, but the teacher from e1, after about 20mins, told her she had to report to a different teacher to be booked in for a detention for 30mins after school Monday. She couldn't find this "other" teacher and my wife tore the yellow form up and stated quite categorically my daughter will not be doing detention.
We are unsure if the original teacher who gave her the c3 knows the procedure and it is unclear if she will have a detention, either way if my daughter does not attend any detentions etc and gets a fixed term exclusion (after progressing down the consequences path) , upon her return would she then have to do the detention still or is the exclusion punishment enough?
She was falsely accused of disrupting the class by laughing at someone sneezing (which she didn't), the teacher actually said that the noise (laughing) came from her direction and was given the c3.
At that point my calmly and politely said "it was me", the teacher then shouted at her "are you challenging me?" then she got kicked out of class.
She went to reception where she was told to goto e1 (a different year class) and fill out a yellow form. The teacher from e1 then asked my daughter had she been given a c4 which she replied no a c3, but the this teacher told her she had to report to this other teacher to be booked in for a detention. She couldn't find this "other" teacher and my wife tore the yellow form up and stated quite categorically my daughter will not be doing detention.
We are unsure if the original teacher who gave her the c3 knows the procedure and it is unclear if she will have a detention, either way if my daughter does not attend any detentions etc and gets a fixed term exclusion, upon her return would she then have to do the detention or is the exclusion punishment enough?
He is in Year 10 and will be doing his GCSE’s next year. The head called a meeting and told us that he was giving us an opportunity to find another school for him before the end of this year, or if not there was a 95% chance that he would be excluded when returning back in September. He is trying to force us to change my sons school, and said if he misses a homework or is late in the new school year he would be permantly excluded straight away. Can he do this? I’m not sure what to do.
There is only 5 weeks left and he leave the school anyway as year 6. Is there anything I can do about this?
Thanks
My son in his previous primary school complained to us regularly about bullying (Other kids punching him, hitting him on the playground etc) rough behaviour and even examples of mild racist comments to him. We complained to the Head who never seemed to want to put anything in writing and always insisted on meetings he would ask us verbally to attend when we picked up our son from school. There was constant low level disruption in the class and we also complained about this. Same 'informal' response never with written records or follow up.
It appeared to us (And other parents) that the rough kids who's parents were on the ParentTeachers committee never received warnings or exclusions. Pupils who were for example, in care for which the school received additional pupil premium funding - never received exclusions.
It became evident that the Head started to not want to engage our concerns and certainly not to allow them to escalate to more formal levels or written records.
Our son is mixed race and has been brought up in a multicultural environment.
We were called in to the school to be told that our son had used a racist term and that he would receive a temporary exclusion. He denied this and there was no evidence or witnesses other than the boy (Pupil premium and former bully who we had complained about ) So we told them we didn't agree and that we believed our son would not have done this. He was excluded anyway and no details of appeal were given.
We eventually moved him to another primary school that when we looked round, seemed good. However, the record from the previous school we suspect has prejudiced their attitude towards him and he seems to be labelled as a problem child for very minor things constantly.
A year later we also applied to the school where our daughter is so they could be at the same school - only to be told that his record shows he has been excluded and is disruptive.
We are worried that this record (that we dispute) will prejudice all future opportunities and feel helpless to challenge the accuracy of this or how to stop it causing harm when he is applying for secondary school.
What is the legal situation and how can we have this record removed or amended ? Surely this isn't legal?
Should the LEA be involved in the process, as I am concerned that my son could end up without a school place, if a suitable alternative is not found. Furthermore, we live in a London borough and my son is in a Surrey school, so how does that affect the process?
Saying he targeted it her when he go in is moods the head teacher saying he can’t cope with school all day they are asking me if I will let he do part time iv agreed till.easter can they do this and what rights have a got I want him to stay in full time the last schoolhe was never it lost seven months of work the child parents have reported him to the governess and said she scared of him
the principal has to find another school or course for your child to attend . and it is best to make sure you get alot of info before
agreeing in sending them . as there are alot of courses out there that a very good and bad in most cases its where all troubled kids get sent to . some that have really bad back ground
and it mite be the last place you would never want your child to go
Managed move school since November was going fine. No warnings or letters or phone calls. Today I’ve had a meeting which was said it’s a review 6 weeks meeting( he’s been attending school for 3 months already). And the principal just told us that he’s terminating managed move as my son is being late to lessons and that he truanted few lessons.
I’m completely devastated and strongly feel he’s been discriminated and victimised and what happened in previous school just carries on. My sons emotional state is shattered . This means we have to go to previous school and face the man that caused him and me as his mom so much trauma and he will probably now push for permanent exclusion.
There are a lot more details about school failing to follow the procedure of exclusion and an appropriate manner of dealing with situation but I tried to give here main facts.
Could someone please give me some advise what shall I do.
This week he was awarded a trip for a select few kids doing excellent work in history and yet when he had a minor meltdown the day before the school suddenly decided that he shouldn't go due to a sudden risk-assessment. My son was completely devastated, having told everyone he was going, so proud and excited that his hard work had been recognised.
I am so fed up I am currently writing to any and organisations to complain about the school. Not sure if I can mention the name of the school so I won't here. His grades have fallen and he hates school now. That is what they have done.
exclusion due to his appauling behaviour at his school ,over a long period of time.
The school have tried everything to help my grandson,but nothing has work.
Now he knows he will end up in another school/unit and he is refusing to go ,my daughter is worried sick about the backlash this will have on the rest of the family as he kicks off at the slightest thing, and we are concerned he will be aggressive, what can we do.
My 8yr old son was excluded on Friday. His exclusion letter states it is a half day exclusion as he was present for morning registration. My son was excluded at 10:06am. We have rejected the letter but the headteacher says the letter is correct. My son has been excluded multiple times officially and unofficially and we are applying for EHCP (he has ASD and ADHD) so this evidence when correct all helps our case. Please can you confirm if half day is correct?
The school has only given 2 weeks notice of this change in their policy and the reason is because some children from the local secondary school have caused some trouble with some younger children from this school.
The school is saying that they will not release our son from the school unless someone turns up to collect him, and that if he turns up to school unaccompanied he will be refused entry.
My question is, is this legal, can any school hold my child hostage and threaten to not allow him into school if unaccompanied, I can’t find any information on this subject. The school even said if did not like their policy we could always take him to another school.
Regards
Joe
I got the right to refuse him going to isolation
School have not given me any more information about the incident other than when I went to collect her from school, have said that I will receive copies of the statements 5 days before the panel meeting. My daughter is adamant that she was attacked, defended herself and that she did not harm any teachers.
I have asked for copies of statements etc but they have said I have to wait til the 5 days. Any advice please?
Thank you!
Anyway he has been excluded for running across the road after school and not listening to the teacher when he tried to speak to him. They called my father to inform me of the exclusion (not sure why). Is this exclusion for 1 day even lawful?
Thanking you in advance.
Inappropriate behaviour on a school trip
Bringing school into disrepute
Dangerous behaviour on a coach
Beyond the reasonable control of the school
I wasn't called until the following day at .4.45pm which went to answering machine with no number to call back and received a letter that came home with my son.
The last time he was excluded it was for "bringing in banned substances ". This was a box of stink bombs which he did not let off and got 2 days at another school
What shall I do?
A small kitchen knife in his school bag never threatened to use it ! And only now he might have a new school ! He's had no work sent home or any tuition offered
I'm questioning safe guarding here... it's unreasonable to travel so far
I've sent an email to explain this and wont send him. Can I do this
My child has been having problems at school. It has now gotten out of hand. Cut the long story short, my concern right now is that she is to sit her GCSE this April however it looks like she may be permanently excluded although they have not yet told me that. But due to ongoing issues I suspect that's where it's heading. My question is, will she be allowed to sit her exams still? Their main issue is that she answers back. She does no drugs, does not smoke, does not skip classes except when suspended or unwell, has over 87% attendance, has never had a fight in her life.
The problem has been with two main teachers, one of which is the school principal whom I only realised today has already had a petition against him last year for using racial slurs. I feel they call me for the smallest things. And exclude her if she sneezes.
My concern right now is making sure she still sits her exams. Is there a possibility that the school can stop her sitting her GCSE exam? Can she attend only on the days of the exam? I would prefer this because to be honest, my daughter is not happy in the school. It's either she calls me crying every other day or the school calls me to report something. I'm exhausted by it all, it's quite distressing. I have private home tutors for her already, I believe she will still do well in her exams. My daughter herself has contacted the local council to see if she can still sit her exams. We just need some kind of reassurance and to know what steps to take.
Kind regards
Cynthia
.They said he had been excluded for 2 days and a meeting had been arranged for thursday 5/01/17 not once did the school got in touch with us to ask about his well being or notifing us about the exclusion
The latest one I understand removed from lesson situation escalated to where the head teacher felt threatened by his aggressive behaviour so she phoned the police..... The police attended my son was taken into a room with 2 male police officers and the head teacher the officers questioned him n the head shouted at him
My son asked 6 times for someone to call me each time the head told him no
My partner had 1 missed call on his mobile now bare in mind there are 3 contact numbers on my sons file one being my home telephone number yet this wasn't called..... My son was removed from the school grounds n told 5 days fixed term exclusion pending permanent exclusion this was yesterday I didn't manage to talk to someone until 6.30 today
Surely my son being under 18 was entitled to a appropriate adult in that room with him.... The head could not be his aa because she called the police so is technically his accuser??? And there were 3 authority adults in that room basically bullying a 13 year old boy this cannot be allowed?? My son clearly has anger issues I have asked for support in the last 6 weeks they have provided 1 anger management session that's it I am at my wits end I know exactly what he can be like and have the supported the school the whole way but I feel like they have over stepped the mark here and I feel I need to take it higher any advice would be so grateful
Thanks
My school pit me on 'study leave' and told me that i could only come in for exams.
My perants were bever notified that i was no longer to attend school and i have had bo reason as to why.
I have never been told what i do or what to wear for the exams and i dint know if im allowed to go to the sessions on the day of the exam.
I also have to accesess my school acount, will i be able to?
Thanks for your time
Leigh
That i didn't know i had on my possession. Is this a fair eclusion and would i be able to get back into school to finish of my last 3 months of lessons
My son who is in yr 6 has been excluded for three days. I believe the exclusion is unfair because he was acting in self defense. I have not been given any letter explaining this nor informed of my rights and obligations. I would like to find out where do I stand with the law in this case? Is the exclusion still lawful if it is not confirmed in writing? What happens if I do not receive any letter from school? Thank you
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