My child with SEND has been excluded: what are my rights?
If your child with Special Educational Needs and Disabilities (“SEND”) has just been excluded from school, you're probably reading this in the middle of a very stressful day. So here's the most important to know: exclusion is not something schools can do casually, and children with SEND have specific legal protections that many schools don't fully understand or apply. Exclusion rates are again at record levels and children with SEND are excluded at a disproportionately high rate — often for behaviour that is, in fact, a symptom of their unmet needs.
Types of Exclusion — and Why an "Informal" Exclusion Is an Unlawful Exclusion
There are three categories of exclusions:
Fixed-term exclusion: your child is excluded for a set number of days (up to 45 school days in a single academic year, across one or more exclusions). The headteacher must formally notify you in writing on the day of exclusion, stating the reason and the length.
Permanent exclusion: your child is removed from the school roll entirely. This is a serious step that can only be taken by the headteacher, and only in response to a serious breach, or persistent breaches, of the school's behaviour policy, where allowing the child to remain would seriously harm the education or welfare of others.
Unlawful (informal) exclusion: this is any situation where a school sends your child home, or asks you to keep them at home, without going through the formal exclusion process.
Common examples include:
Being told "just keep them home for a few days to calm down"
Being asked to collect your child early repeatedly, with no formal exclusion letter
Being told your child cannot attend a school trip
All of these are unlawful exclusions, even if framed as being "for your child's benefit" or "just a cooling-off period." If there's no formal letter, no recorded reason, and (subject to the length of the exclusion) no governors' right of appeal being offered, it almost certainly isn't lawful — and it should be challenged.
In addition, reduced timetables imposed indefinitely, without agreement or review, as a way of avoiding a formal exclusion should also be challenged. Whilst a reduced timetable is in certain circumstances acceptable, government guidance makes clear that they should only be used for short periods of time (6 weeks is suggested) as part of a re-integration process.
Extra Protections for Children With SEND
Children with an Education Health and Care Plan ("EHC Plan") or who are on SEN Support have additional legal protections that schools are required to follow before, during, and after any decision to exclude:
Before considering exclusion, the school should have implemented a graduated response (Assess, Plan, Do, Review) of SEN support and should be able to show the result
The headteacher must consider whether the exclusion is directly related to the child's SEND — including whether the behaviour is a manifestation of an unmet need
Schools have a duty under the Equality Act 2010 to make reasonable adjustments for disabled children, which includes many children with SEND and should be able to evidence how these have been implemented
What the School Must Provide During Exclusion
Schools have clear statutory obligations, regardless of exclusion type:
From the sixth school day of any fixed-term exclusion (or cumulative exclusions in a term), the school must arrange suitable full-time education
For permanent exclusion, the local authority must arrange full-time alternative provision from the sixth school day, and this provision must be suitable for the child's age, ability, and any SEN or disability.
Throughout any exclusion, the school should still be communicating with you about your child's education
If day six passes with no education plan in place, write to the school (and copy in the local authority for permanent exclusions) stating clearly that they are in breach of their statutory duty and asking what they plan to do to provide your child with the education they are entitled to.
What to Do: Step-by-Step
Get everything in writing. Ask for the exclusion letter if you haven't received one, including the specific reason and evidence relied on.
Request the full incident record and any relevant behaviour or SEN records — you're entitled to see what evidence the decision was based on.
Make representations to the governing board. For exclusions of more than five school days, or any permanent exclusion, you have the right to put your case to a governors' panel, in person, with support (including a friend, advocate, or SENDIASS).
For permanent exclusions, request an Independent Review Panel (“IRP”) if you disagree with the governors' decision to uphold the exclusion. The IRP can order the governing board to reconsider, and should include a Special Educational Needs Expert to advise the panel.
Consider a claim to the SEND Tribunal if you believe the exclusion amounts to disability discrimination — this route is separate from, and can run alongside, the IRP process.
When It Becomes Disability Discrimination
Exclusion can cross into unlawful disability discrimination when a child is excluded for behaviour that arises because of their disability; for example, a meltdown linked to sensory overload, or "refusal" that's actually a shutdown response to anxiety. Particularly if reasonable adjustments have not been implemented, excluding a disabled child in such circumstances may well be unlawful.
Frequently Asked Questions
Can a school send my child home "informally"?
No. Any exclusion without a formal process — no letter, no recorded reason, no right of appeal — is an illegal exclusion, even if framed as "for your child's benefit."
How long can a fixed-term exclusion last?
Up to 45 school days in a single academic year, across one or more exclusions, with formal written notice required on the day of exclusion.
Are reduced timetables allowed instead of a formal exclusion?
Only short-term (around 6 weeks) and as part of a re-integration process. An indefinite reduced timetable imposed without agreement or review should be challenged.
What extra protections exist for children with an EHC Plan or SEN Support before exclusion?
The school should have already implemented a graduated response (Assess, Plan, Do, Review) and must consider whether the behaviour is linked to the child's Special Educational Needs and Disabilities (“SEND”).
What education must the school provide during an exclusion?
From the sixth school day, the school (or local authority, for permanent exclusions) must arrange suitable full-time education appropriate to the child's age, ability, and SEN or disability.
What can I do if no education plan is in place by day six?
Write to the school (and the local authority, for permanent exclusions) stating they are in breach of their statutory duty and asking what they will provide.
What's the process for challenging a permanent exclusion?
Make representations to the governing board, then request an Independent Review Panel if you disagree with their decision — this panel should include a Special Educational Needs Expert.
When might an exclusion count as disability discrimination?
When it can be shown that a child was excluded for behaviour arising because of their disability — for example, a sensory-overload meltdown or an anxiety-driven shutdown — particularly where reasonable adjustments weren't made.
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