Suspension and permanent exclusion

Being suspended or permanently excluded from school can be very worrying and upsetting for you, your child, or young person.

The information on this page will help you to understand your child’s or young person’s suspension or permanent exclusion, your rights, and where to get further information and help from.

The information on this page is taken from the Department for Education's statutory guidance on suspension and permanent exclusions (GOV.UK).

This guidance only applies to children and young people attending the following education settings:

  • Maintained schools (state school)
  • Academies (including free schools but not 16 to 19 academies)
  • Pupil referral units (PRU)
  • School sixth form

Types of exclusions

There are only two types of exclusions from an education setting which are lawful:

  • Suspension (fixed period): This is for a specific number of school days, for example, one or more days (up to a maximum of 45 school days in a single academic year). A lunch time exclusion is recorded as a half day suspension. Please note: A suspension cannot be extended or converted to a permanent exclusion. The only time this can happen is usually where further evidence has come to light
  • Permanent exclusion: When your child or young person cannot come back to school

Other types of education settings

Other types of education settings include:

  • Sixth form colleges
  • Further education colleges
  • Independent schools or colleges

These types of education settings will have their own behaviour and exclusion policies.

Who can suspend or permanently exclude a child or young person?

Only the head teacher (or the teacher in charge of a pupil referral unit or the principal of an academy) has the power to suspend or permanently exclude your child or young person.

Reasons for suspensions and permanently excluding a child or young person

The decision to suspend or to permanently exclude your child or young person must be for disciplinary reasons only. Pupils cannot be suspended or permanently excluded because the school or pupil referral unit cannot meet their needs or for something you did or not do.

All schools must have a behaviour policy explaining what behaviour they expect from pupils and this must be published on their website.

The behaviour of pupils outside of school can be considered as grounds for suspension or permanent exclusion, for example, to and from school and school trips. The school’s behaviour policy will set out when a pupil’s behaviour outside of school premises may lead to disciplinary sanctions.

A decision to exclude a pupil permanently should only be taken:

  • In response to a serious or persistent breach 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 in the school.

What steps need to be taken when a decision has been made to suspend or permanently exclude?

When a head teacher decides to suspend or permanently exclude your child or young person, they must tell you (by phone or in person) why your child or young person has been suspended and for how long or permanently excluded. This must done without delay.

They must also, no longer than, three days after their decision, provide you with the following information in writing:

  • Whether it is a suspension or permanent exclusion
  • If it is a suspension, the precise number of days of the suspension
  • The reasons for the suspension or permanent exclusion
  • Your right to make representations (to give your views) to the school governors about the suspension or permanent exclusion and how your child or young person can be involved in this
  • How you can make your representations. These must be considered by governors (even where there is no requirement for a governors meeting to happen)
  • Information about where you can get free impartial information from, for example:

Entitlement to alternative provision

Alternative provision are places that provide education for children who cannot attend a mainstream school because of exclusions, illness or other reasons.

Alternative provision must be full time and suitable (for example, for the child’s age, ability, aptitude and any special educational needs (SEN)).

Suspension

For a suspension, this should start as soon as possible. If your child is a “looked after child”, their school and the local authority should work together to arrange provision from the first day of the suspension or permanent exclusion.

The governing body (or local authority in relation to a pupil excluded from a pupil referral unit) must arrange suitable full-time education for your child if they are of compulsory school age.

This provision must begin no later than the sixth day of the suspension.

In Wandsworth, each school has their own sixth day provision arrangement.

Permanent

For permanent exclusions, the home local authority (and not the school) must arrange suitable full-time education if your child is of compulsory school age.

This provision must begin no later than the sixth day of exclusion.

In Wandsworth, day six provision for children who have been permanently excluded is usually provided at one of the pupil referral units (PRU’s).

If your child has an education health care (EHC) plan and you do not feel a PRU will be appropriate for your child, please speak to their EHC-co-ordinator, in the special needs assessment section (SNAS).

Please note: Where it is not possible, or not appropriate to arrange alternative provision during the first five school days of exclusion, the school should take reasonable steps to set and mark work for your child.

Can I challenge the school’s decision to suspend or permanently exclude my child?

In the letter informing you of the suspension or permanent exclusion, the head teacher will include:

  • Your right to make representations (give your views)
  • How to make your representations
  • Where you can get impartial information and advice

You can request to meet with the governors if the total days of your child’s or young persons’ suspension is between five and fifteen days in one term. If a meeting is held you have the right to attend.

You can also bring someone in to represent you.

Please note: If your child has been suspended for less than five days, you have the right to make representations (in writing) to the governors if you object to or want to give your views about the suspension

The governing board

The governing board must consider and decide on the reinstatement of a suspended or permanently excluded pupil, within fifteen days of receiving notice of the suspension or permanent exclusion by the headteacher if:

  • It is a permanent exclusion or
  • It is a suspension which would bring the total number of school days to more than fifteen in a term or
  • It would result in your child or young person missing a public examination or national curriculum test

Where the governors have agreed to consider your representations about the suspension or permanent exclusion, or have to by law they have the power to do the following:

Suspension

Total of five school days or less (they can’t overturn the head teacher’s decision):

  • They can place a note of their findings in your child’s school record

Five and a half days or more:

  • Decide whether the decision to suspend was lawful, reasonable and procedurally fair
  • Reinstate your child or young person immediately or by a particular day

Permanent Exclusion

The governing board must convene a meeting to consider reinstatement, within 15 school days of receiving notice of the permanent exclusion.

Informing you of the governing board’s decision

The governing board must notify you, the head teacher, and the local authority of its decision in writing and without delay. The governing board should set out the reasons for its decision in enough detail so that everyone can understand why the decision was made.

If the decision is related to a permanent exclusion, which they have not overturned, they must tell you of your right to ask for the decision to be reviewed by an Independent Review Panel (IRP). The details of how to do this, by when, who can be invited and who will be at the IRP, must be provided to you too.

Please note: The governing board must also take reasonable steps to meet before the date of a public exam or national curriculum test. If this is not practical, the chair of governors, may consider a pupil’s reinstatement alone.

What is an Independent Review Panel (IRP)?

If the school’s governing board agrees with the head teacher’s decision to exclude your child or young person permanently, you can ask for this decision to be reviewed by an independent review panel.

An independent review panel does not have the power to direct the governing board to reinstate your child or young person.

However, this panel can decide to:

  • Uphold the exclusion decision
  • Recommend that the governing board reconsiders their decision; or
  • Quash the governing board’s decision and direct the governing board to reconsider reinstatement

Please note: You do not have to attend the governors review meeting first to request this meeting.

The Independent Review Panel Decision

Where the IRP directs or recommends that the governing board reconsiders its decision, the governing board must meet within ten school days of being given notice of this decision.

The governing board must notify the following people of its recommendations, and the reasons for it in writing and without delay:

  • You
  • The head teacher;
  • The local authority and, where relevant, the ‘home authority’

SEN expert

Whether or not a school recognises your child or young person having Special Educational Needs (SEN), you have the right to request that a SEN expert to attend the IRP meeting.

The SEN* expert’s role is to advise the review panel, impartially (objectively) about how your child’s or young person’s known SEN may have impacted your child’s or young person’s permanent exclusion. If the school does not recognise that your child or young person has SEN, the SEN expert should advise the panel on the following, whether they believe (from the evidence they were provided) the school acted in a, legal, reasonable and procedurally fair way.

The SEN expert:

  • Must be someone who has expertise and experience of SEN
  • Should be a professional with first-hand experience of the assessment and support of SEN, as well as an understanding of the legal requirements on schools in relation to SEN and disability
  • Can be employed by the or another Local Authority or Academy Trust but they should not have had any previous involvement in the assessment or support of SEN for your child, young person, or their siblings
  • Should base their advice on the evidence provided to the panel. The SEN expert’s role does not include making an assessment of your child’s or young person’s SEN

What can I do, if I believe my child or young person has been permanently excluded because of their disability?

If you believe that your child or young person has been excluded because of their disability then you may be able make a claim under the Equality Act 2010 to the First-tier Tribunal (Special Educational Needs and Disability).

My child has Special Educational Needs (SEN)

Head teachers should, where possible, avoid permanently excluding any pupil with an education health care (EHC) plan or a ‘looked after’ child because they may be vulnerable to the impact of exclusion.

Schools should engage proactively with you in supporting your child’s or young person’s behaviour.

Where a school has concerns about your child’s or young person’s behaviour, or they may be at risk of exclusion, it should, in partnership with others (including the local authority), consider what additional support or alternative placement may be required. This should involve assessing the suitability of support for your child’s or young person’s SEN.

If your child or young person has an EHC plan, schools should consider requesting an early annual review of the EHC plan. If your child’s or young persons’ behaviour is much more difficult than usual or they have difficulties managing their feelings, they may have social, emotional, and metal health difficulties. This is a recognised type of SEN too.

If you would like to discuss your child’s or young person’s exclusion you can call us on 020 8871 8065 (24 hour answer machine) or email us at wiass@wandsworth.gov.uk.

Useful Organisations

The following organisations provide information or advice on suspensions and permanent exclusions:

Leaflets and templates

You can download our leaflets and templates for more information on suspensions and permanent exclusions:

Where can I get more information, advice, and support on exclusions?

For more information on exclusions, you can: