Introduction

Writing a clear, concise, and persuasive argument is one of the most important parts of challenging an exclusion. A well‑prepared case makes it easier to present your points at the hearing and gives the governing board time to understand your position before deciding.

This step-by-step guide will take you through questions about the exclusion and provide suggested wording to help you draft arguments tailored to your case.

Once you have the wording you want to use, copy and paste your arguments into the ‘Submissions to the governing board’ to create your final document.

Using the template document

• Download: Submissions to the governing board.
• Open: Click “Enable editing.”
• Complete basics: Add the young person’s name, school’s name, date of exclusion.
• Add background: Clearly explain events as the young person describes them, highlight where you disagree with the school’s version, and refer to any evidence that supports your account.

Building your arguments with suggested wording

• Work through this step-by-step guide: The guide outlines key factors and potential arguments, with each step including a downloadable suggested‑wording document.
• Select content: Each suggested wording document contains paragraphs for legal arguments related to the exclusion.
• Customise: Fill in any required sections and select options from drop‑downs where needed.
• Compile: Copy and paste completed arguments into your main submissions document. We also provide excerpts from DfE guidance within the suggested wording documents. You can use these to highlight what the school should be doing, compared with what they have done or are currently doing. Including these excerpts can help show how the school’s actions fall short of official guidance.

Adding and organising multiple arguments

• Add more: To add more arguments, click the + icon at the bottom right of the box.
• Title clearly: Provide a clear, specific title for each argument (for example, “Procedural fairness,” “Reasonableness of decision,” “Mitigating circumstances”).

Final review

We aim to make this process as clear and smooth as possible, but this guide cannot cover every situation. Given its complexity, your submissions should be reviewed to ensure they read well, avoid repetition, are clear, complete, and properly formatted.

Introduction

A pupil can only be excluded for a disciplinary reason. In practice, this means the young person must have breached the school’s behaviour policy on one or more occasions, and this must be stated as the reason for the exclusion in the headteacher’s confirmation letter.

If the exclusion is for any other reason, such as poor attendance or because the school cannot meet the young person’s needs, it is unlawful.

Explore further

Read the headteacher’s letter confirming the exclusion and check whether the reason given is disciplinary. You may also wish to review the school’s records and the exclusion pack to see if there is evidence that non‑disciplinary factors influenced the decision, even if these are not stated in the letter.

Downloads

If applicable, consider using the suggested wording document – Argument to the governing board: Exclusion for a non‑disciplinary reason.

Threshold criteria

There is a two‑part test set out in paragraph 11 of the exclusions guidance. The decision to exclude a pupil permanently should only be taken:

• in response to a serious breach or persistent breaches 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 such as staff or pupils in the school.

Are the reason/s for the exclusion “serious” or “persistent”?

A school may only exclude a pupil where there has been at least one serious breach of the school’s behaviour policy, or repeated breaches that can be considered persistent.

Could the young person’s return seriously harm the school community?

A school may only permanently exclude a pupil if allowing them to return would seriously harm the education or welfare of that pupil, or of other members of the school community.

Explore further

Consider the reasons given for the exclusion in the headteacher’s letter and assess whether they represent a serious breach, or persistent breaches, of the school’s behaviour policy.

Consider whether additional support, reasonable adjustments, or changes to the learning environment could reduce any risk the young person poses to others.

Downloads

• If applicable, consider using the suggested wording document – Argument to the governing board: First limb of the threshold in Paragraph 11 is not satisfied.
• If applicable, consider using the suggested wording document – Argument to the governing board: Second limb of the threshold in Paragraph 11 is not satisfied.

Proportionality

According to the principles of public law, a punishment must be proportionate to the behavioural offence. In addition, the benefit to the school must not outweigh the personal impact on the young person. Decision‑makers must weigh both the seriousness of the behaviour and the potential consequences for the pupil, ensuring that exclusion is used only as a last resort.

The exclusion guidance states in paragraph 2:

Any decision of a headteacher, including suspension or permanent exclusion, must be made in line with the principles of administrative law, i.e. that it is: lawful (with respect to the legislation relating directly to suspensions and permanent exclusions and a school’s wider legal duties); reasonable; fair; and proportionate.

Impact on the young person

Every exclusion has a significant impact on the young person. This is particularly true of permanent exclusion, which can be life‑changing for those affected.

Evidence shows that young people who have been excluded from school often experience adverse short‑term and long‑term outcomes. The Timpson Review of School Exclusion found that, in 2015/16, only 7% of young people who were permanently excluded and 18% of those who received multiple fixed‑period exclusions achieved ‘good’ passes in GCSE English and maths. The review also highlighted that exclusion is a marker for a higher risk of becoming either a victim or a perpetrator of crime – 23% of young offenders sentenced to less than 12 months in custody in 2014 had been permanently excluded from school prior to their sentence.

Downloads

• If applicable, consider using the suggested wording document – Argument to the governing board: Exclusion is disproportionate.
• If applicable, consider using the suggested wording document – Argument to the governing board: Exclusion will have a significant impact on the young person.

Introduction

Fairness in public law requires that all parties are treated equally, and there is a general principle that anyone accused of something should have their defence heard fairly. Reasonableness in public law also requires a headteacher to take account of all relevant information before deciding to exclude a pupil. If the headteacher fails to consider the young person’s side of the story, this may be grounds for finding that the decision to exclude was unreasonable.

Paragraph 4 of the exclusion guidance states:

Headteachers should also take the pupil’s views into account, considering these in light of their age and understanding, before deciding to exclude, unless it would not be appropriate to do so. They should inform the pupil about how their views have been factored into any decision made.

Look through the panel pack to see whether the school took a statement from the young person, and speak with them to find out if they were given the opportunity to share their side of the story.

Downloads

If applicable, consider using the suggested wording document – Argument to the governing board: School failed to conduct a fair investigation.

Exclusion letter

Paragraph 64 of the exclusions guidance makes clear that the headteacher must write to the family of an excluded young person to confirm the exclusion, and must do so “without delay.”

What must be included?

The following information must be provided in writing:

• the reason(s) for the suspension or permanent exclusion;
• the period of a suspension or, for a permanent exclusion, the fact that it is permanent;
• parents’ right to make representations about the suspension or permanent exclusion to the governing board and how the pupil may be involved in this;
• parents’ (or an excluded pupil if they are 18 years or older) right to make a request to hold the meeting via the use of remote access and how and to whom to make this request;
• how any representations should be made;
• the days on which they must ensure that the pupil is not present in a public place at any time during school hours. These days are the first five school days of a suspension or permanent exclusion (or until the start date of any full-time alternative provision or the end of the suspension where this is earlier); and
• where there is a legal requirement for the governing board to consider whether the pupil should be reinstated, that parents or an excluded pupil (if they are 18 years or older) have a right to attend a meeting, to be represented at that meeting (at their own expense) and to bring a friend.

The importance of providing reasons

Under public law, there is a general duty on public bodies to provide reasons for decisions that affect individuals, unless there is a lawful justification for withholding them.

The case Oakley v South Cambridgeshire District Council, which was heard in the Court of Appeal in 2017, commented on this principle. In their judgement, the court explained at paragraph 26 that:

There are powerful reasons why it is desirable for administrative bodies to give reasons for their decisions. They include improving the quality of decisions by focusing the mind of the decision-making body and thereby increasing the likelihood that the decision will be lawfully made; promoting public confidence in the decision-making process; providing, or at least facilitating, the opportunity for those affected to consider whether the decision was lawfully reached, thereby facilitating the process of judicial review or the exercise of any right of appeal; and respecting the individual’s interest in understanding – and perhaps thereby more readily accepting – why a decision affecting him has been made.

It is important that the school provides clear and detailed reasons for any exclusion, so that the decision can be properly understood and, if necessary, challenged.

Downloads

• If applicable, consider using the suggested wording document – Argument to the governing board: The school failed to provide an exclusion letter.
• If applicable, consider using the suggested wording document – Argument to the governing board: The headteacher did not give reasons for the exclusion. 

Introduction

Paragraph 10 of the exclusions guidance states:

The law does not allow for extending a suspension or ‘converting’ a suspension into a permanent exclusion.

In exceptional cases, usually where further evidence has come to light, a further suspension may be issued to begin immediately after the first suspension ends; or a permanent exclusion may be issued to begin immediately after the end of the suspension.

Explore further

Think about whether the exclusion you are challenging started out as a suspension and was later extended or changed to a permanent exclusion. This can happen when a school sends a young person home for a few days and then contacts the family to say that, after further investigation, the exclusion is now permanent.

Downloads

If applicable, consider using the suggested wording document – Argument to the Governing board: Headteacher converted or extended the exclusion.

Please see our page Vulnerable pupils to learn more about the law in this area.

Identification

All schools should have a clear approach to identifying and responding to Special Educational Needs and Disabilities (SEND). The benefits of early identification are widely recognised, identifying need at the earliest point and then making effective provision improves long-term outcomes for the young person.

For some young people, SEND can be identified at an early age. For others, difficulties only become apparent as they grow and develop. Everyone working with young people should remain alert to emerging needs and respond promptly.

Persistent disruptive or withdrawn behaviours do not necessarily mean that a young person has SEND. Where there are concerns, there should be an assessment to determine whether there are any causal factors such as undiagnosed learning difficulties, difficulties with communication or mental health issues.

Effective support for SEND

Where a pupil is identified as having SEND, schools should take action to remove barriers to learning and put effective special educational provision in place. This SEND support should take the form of a four-part cycle (assess, plan, do, review) through which earlier decisions and actions are revisited, refined, and revised with a growing understanding of the pupil’s needs and of what supports the pupil in making good progress and securing good outcomes. This is known as the graduated approach.

Where a school has concerns about the behaviour, or risk of suspension and permanent exclusion, of a pupil with SEND, it should, in partnership with others, consider what additional support or alternative placement may be required. This should involve assessing the suitability of provision for a pupil’s SEND.

External support

Some young people require specialist support that is not usually available within a school’s internal structures and that teachers may not be familiar with. The SEND Code of Practice states:

In deciding whether to make special educational provision, the teacher and SENCO should consider all of the information gathered from within the school about the pupil’s progress, alongside national data and expectations of progress. This should include high quality and accurate formative assessment, using effective tools and early assessment materials. For higher levels of need, schools should have arrangements in place to draw on more specialised assessments from external agencies and professionals.

Where a school requires the highest level of support to meet the most demanding needs, the SEND Code of Practice directs them to make a request for an Education, Health and Care Plan (EHCP). The Code states:

Where, despite the school having taken relevant and purposeful action to identify, assess and meet the SEN of the child or young person, the child or young person has not made expected progress, the school or parents should consider requesting an Education, Health and Care needs assessment.

Explore further

Review the young person’s education records, the school’s records, and the exclusion or panel pack to assess whether the school has taken meaningful steps to investigate and identify any underlying needs, provided appropriate support for identified needs, and engaged specialist support from outside the school where necessary. If you have made a subject access request and obtained records, check that the school’s claims in each of these areas are supported by the evidence.

Downloads

• Consider using the suggested wording document – Argument to the governing board: Failure to identify and consider SEND.
• Consider using the suggested wording document – Argument to the governing board: Failure to provide suitable provision for young person’s SEND. 
• Consider using the suggested wording document – Argument to the governing board: Failure to secure external support and intervention.

Introduction

The Equality Act 2010 introduced a single Public Sector Equality Duty (PSED) (sometimes also referred to as the ‘general duty’) that applies to public bodies, including maintained schools and Academies, and extends to certain protected characteristics:

• sex;
• race;
• disability;
• religion or belief;
• sexual orientation;
• pregnancy/maternity; and
• gender reassignment.

“Due regard”

In carrying out their functions, public bodies are required to have due regard to the need to:

• Eliminate discrimination and other conduct that is prohibited by the Act,
• Advance equality of opportunity between people who share a protected characteristic and people who do not share it,
• Foster good relations across all characteristics – between people who share a protected characteristic and people who do not share it.

What having “due regard” means in practice has been defined in case law and means giving relevant and proportionate consideration to the duty. For schools this means:

• Decision makers in schools must be aware of the duty to have “due regard” when making a decision or taking an action and must assess whether it may have particular implications for people with particular protected characteristics.
• Schools should consider equality implications before and at the time that they develop policy and take decisions, not as an afterthought, and they need to keep them under review on a continuing basis.
• The PSED has to be integrated into the carrying out of the school’s functions, and the analysis necessary to comply with the duty has to be carried out seriously, rigorously and with an open mind – it is not just a question of ticking boxes or following a particular process.

Downloads

If applicable, consider using the suggested wording document – Argument to the Governing board: Public Sector Equality Duty not satisfied.

Introduction

It is unlawful for a school to discriminate against a pupil or prospective pupil by treating them less favourably because of their:

• sex;
• race;
• disability;
  • For disabled children, this includes a duty to make reasonable adjustments to any provision, criterion or practice which puts them at a substantial disadvantage.
• religion or belief;
• sexual orientation;
• pregnancy/maternity; or
• gender reassignment.

Discrimination may occur if a pupil is excluded:

• Because of their protected characteristic (direct discrimination)
• Due to a policy or practice that disadvantages pupils with a protected characteristic (indirect discrimination)
• Because of something connected to that pupil’s disability, where the exclusion cannot be justified (disability discrimination)

Direct discrimination

Direct discrimination occurs when one person treats another less favourably, because of a protected characteristic, than they treat – or would treat – other people. This describes the most clear-cut and obvious examples of discrimination.

At its simplest, direct discrimination is intended discrimination, as opposed to indirect discrimination, which is often unintended discrimination.

Indirect discrimination

Indirect discrimination occurs when a “provision, criterion or practice” is applied generally but has the effect of putting people with a particular characteristic at a disadvantage when compared to people without that characteristic.

Explore further

Check the exclusion pack, the exclusion letter, and any evidence you have from the school. Look for signs that staff wanted the young person removed from the register because of a protected characteristic, or that their exclusion was a harsher punishment than others received in similar circumstances. Also watch for evidence that a school policy or practice has made the young person more vulnerable to exclusion, or has led to their exclusion, because of a protected characteristic. If either situation applies, it may amount to unlawful discrimination.

Downloads

• If applicable, consider using the suggested wording document – Argument to the governing board: Pupil is a victim of direct discrimination.
• If applicable, consider using the suggested wording document – Argument to the governing board: Pupil is a victim of indirect discrimination.

Introduction

Some groups are more vulnerable to school exclusion than others and are consistently overrepresented in national statistics, with Gypsy, Roma and Traveller pupils, and Black Caribbean pupils experiencing the highest rates.

To meet their Public Sector Equality Duty, schools must take proactive steps to promote equality of opportunity between pupils of different ethnic backgrounds. Where a young person comes from a statistically vulnerable group and the school has not taken such steps, the governing board should take this into account.

Explore further

When preparing your case, review the exclusion pack, the exclusion letter, and any evidence obtained, including the school’s behaviour and exclusion policies. Consider whether these policies include targeted support for vulnerable ethnic groups. You may also wish to request the school’s exclusion figures by ethnic background through a Freedom of Information request to identify whether certain groups are disproportionately affected.

Downloads

If applicable, consider using the suggested wording document – Argument to the governing board: Exclusion of a pupil from an ethnic minority background.

Please see our page Vulnerable pupils to learn more about the law in this area.

Introduction

If the young person is a Looked‑After Child (LAC) or a Previously Looked‑After Child (PLAC), they are among the most vulnerable to exclusion. Exclusion can have a particularly damaging impact, disrupting not only their education but also their sense of security and belonging.

The headteacher should, wherever possible, avoid permanently excluding any pupil who is a LAC/PLAC.

Paragraphs 58-62 of the exclusions guidance provide further information.

Downloads

If applicable, consider using the suggested wording document – Argument to the governing board: Pupil is a looked-after child or a previously looked-after child.

Introduction

Young people who are outside of mainstream education face a heightened risk of becoming victims of childhood criminal exploitation (CCE). Once a young person has experienced exploitation, they are even more vulnerable to exclusion and are likely to be disproportionately affected by it. This creates a dangerous cycle in which exclusion increases vulnerability, and vulnerability increases the likelihood of further exclusion. Breaking this cycle requires schools, local authorities, and safeguarding partners to recognise these risks and take proactive steps to protect and support affected young people.

Child criminal exploitation

Some specific forms of CCE can include young people being forced or manipulated into transporting drugs or money through county lines, working in cannabis factories, shoplifting or pickpocketing. They can also be forced or manipulated into committing vehicle crime or threatening/committing serious violence to others.

Young people can become trapped by this type of exploitation, as perpetrators can threaten victims (and their families) with violence or entrap and coerce them into debt. They may be coerced into carrying weapons such as knives or begin to carry a knife for a sense of protection from harm from others. As young people involved in criminal exploitation often commit crimes themselves, their vulnerability as victims is not always recognised by adults and professionals, (particularly older young people), and they are not treated as victims despite the harm they have experienced.

Further information on CCE can be found in the keeping children safe in education guidance.

Explore further

When reviewing this exclusion, the governing board should consider whether the school identified and recorded any indicators of CCE and whether safeguarding partners, social workers, or the police were consulted before the decision was made. It is important to examine if the school explored alternatives to exclusion that could reduce the young person’s vulnerability, and whether targeted support was provided to address the underlying causes of behaviour linked to exploitation. These steps are essential to ensure that exclusion is not used in a way that increases risk to a young person who may already be in a highly vulnerable situation. The board should also assess whether the school’s behaviour and safeguarding policies reflect an understanding of CCE and its impact, and if these policies were applied appropriately in this case.

Consider whether the school took proactive measures to protect the young person from further harm, and whether any decision to exclude was proportionate in light of the safeguarding concerns. A failure to take these actions could mean the exclusion is inconsistent with statutory guidance and the school’s duty to promote the welfare of all pupils.

Downloads

If applicable, consider using the suggested wording document – Argument to the governing board: Pupil is suffering from exploitation.