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Exclusions

Sometimes a school will exclude a child, which means that they are not allowed to go to school.

This can be:

  • a suspension: a pupil is not allowed to go to school for a set amount of days - from half a day to a maximum of 45 days in one school year.
  • a permanent exclusion: a pupil is removed from the school roll (the official school register) and are not allowed to return (what used to be called ‘expelled’).
  • Internal exclusions, often known as isolation, are where a child is removed from their normal lessons for a period of time and work in a space away from their class. Internal exclusions are not subject to the same rules as external exclusions.

What does the law say about exclusions?

All children of compulsory school age have a legal right to receive a full-time education. We (Hertfordshire County Council) have a legal duty to provide all children and young people in our area with this education unless their parents voluntarily make other arrangements.

There is currently no legal definition of what a ’full-time’ education is, but children of school age usually receive around 5 hours of education a day for about 190 days a year.

The only reason a child can be excluded is because of their behaviour either in or outside of school. The decision to exclude must be:

  • lawful (only suspensions or permanent exclusions, properly implemented, are lawful)
  • rational
  • reasonable
  • fair
  • proportionate.

Only the Headteacher or acting Headteacher can give an exclusion, and there are strict processes which the school must follow in order for the exclusion to be considered ‘lawful’. Parents must always be told about an exclusion in writing by the Headteacher.

Different processes for informing parents must be followed by schools depending on the type and duration of the exclusion. Further information is available from Independent Provider of Special Education Advice (known as IPSEA) on exclusions.

Managed moves

A managed move is the transfer of a child who is at serious, but not immediate, risk of permanent exclusion from their school to another school.

What do I do if my child has been excluded?

It's best to start by contacting your Special Educational Needs Coordinator (SENCO). There are organisations that can help you too.

You will have opportunities to share both yours and your child’s view on the incident and to give the school reasons why they should reconsider their decision to exclude:

  1. You are entitled to make ‘written representations’ for any suspension or exclusion. The governing body has a duty to consider these representations. How they excercise this duty depends on the length and nature of the exclusion.
  2. If your child is permanently excluded from school, you should be invited to the Governor's meeting, where the Headteacher's decision to permanently exclude is reviewed. You can make verbal or written reprensentations at this meeting.

You also have the right to see your child’s school records, which might be helpful if you are challenging their decision to exclude.

If your child's permanent exclusion is upheld

If after considering your representations, the governing body still does not change the decision to exclude your child then you can ask for this decision to be reviewed by an independent review panel.

If you think/know your child has SEND, then you can ask for a SEN expert to be present at the independent review panel meeting. 

If the decision still remains to permanently exclude your child, then their education becomes our (Hertfordshire County Council's) responsibility. We should provide full-time education no later than day 6 of the exclusion.

What does an internal exclusion mean for my child?

Internal exclusions

Internal exclusions are not subject to the same legal framework of reporting and monitoring as external exclusions. Schools do not have to report these figures to us, or even their own Governors, so there is no consistent knowledge of their use.

Some schools will set children the same work that they would have carried out within their normal classes so they don’t fall behind, but this is not always the case and often children are set age appropriate work but miss out on their normal teaching.

If your child is subject to recurring internal exclusions it may be a sign that their needs are not being met. It is a good idea to discuss what else could be done to support your child with the school SENCO.

What does permanent exclusion mean for my child?

While no-one wants their child to be permanently excluded, it doesn't mean the end of their education. If they are of compulsory school age (up to 16 years) then then we (Hertfordshire County Council) must provide an alternative educational provision for them. This could be at another school (mainstream or specialist) or at a Pupil Referral Unit (PRU). As long as they can access education, then they keep their options open for either going onto college or an apprenticeship. There are lots of different types of qualifications, which suit different levels of abilities and learning styles.

Permanent exclusion doesn't have to affect your employability either. For a first job the employer might want a reference from your child’s place of education, which is something to be aware of but these can be taken from schools attended after the permanent exclusion. It is important for you to know, in case you feel pressured by the thought of a permanent exclusion “on your child’s record”. Services for Young People provide support for young people not in education, employment or training (NEET) - they can help a young person (aged 13 - 19, or up to 24 if they have learning difficulties or disabilities) to get back into education or employment.

Independent organisations that can help

DfE exclusions and permanent exclusions guidance (PDF 613kb)

This is the guidance given to maintained schools, academies, and pupil referral units in England.

SENDIASS

Provide impartial and confidential information, advice and support to parents and carers of children with special educational needs and disabilities (SEND)

HPCI's Parent Guide to exclusions, suspensions and other attendance issues (PDF 347kb)

Herts Parent Carer Involvement have produced this useful guide for parents of children with SEND about exclusions, part-time timetables and other attendance issues.

Independent Provider of Special Education Advice (IPSEA)

Free and independent legally based information, advice and support to help get the right education for children and young people with all kinds of special educational needs and disabilities (SEND).

SOS!SEN

Free, friendly, independent and confidential telephone helpline for parents and others looking for information and advice on Special Educational Needs and Disability (SEND). 0300 302 3731

Page was last updated on: 03/06/2025 12:39:46

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