School exclusion is when a pupil is removed from school for disciplinary reasons, either temporarily (suspension) or permanently (permanent exclusion). A pupil might be excluded for different reasons, such as repeatedly disrupting lessons, physically hurting someone, using abusive language, bullying, damaging property, or stealing.

There is statutory guidance published by the Department for Education titled School suspensions and permanent exclusions that sets out the law on school exclusion. The guidance explains when and how schools should exclude a pupil, how an exclusion can be challenged, and much more.

The principal legislation to which the above guidance relates is:

• the Education Act 2002, as amended by the Education Act 2011;
• the School Discipline (Pupil Exclusions and Reviews) (England) Regulations 2012;
• the Education and Inspections Act 2006;
• the Education Act 1996; and
• the Education (Provision of Full-Time Education for Excluded Pupils) (England) Regulations 2007, as amended by the Education (Provision of Full-Time Education for Excluded Pupils) (England) (Amendment) Regulations 2014.

Which types of schools are covered by the legislation and guidance?

The statutory guidance and legislation outlined above govern the exclusion of pupils from maintained schools, pupil referral units, academies (not 16-19 academies), and sixth-form colleges that are attached to these types of schools.

Independent schools, further education colleges, 16–19 academies, and standalone sixth-form colleges, however, are not bound by the same statutory framework. While they may choose to follow similar procedures for exclusions, they are not legally required to do so. Their approach will depend on individual school policies and parent-school contracts.

Other sections of the hub will provide further information on challenging the decision and alternative education, but the table below offers an initial overview.

• Only the headteacher, or acting headteacher, of a school can exclude a pupil.
• A pupil’s behaviour outside school can be considered grounds for exclusion.
• The headteacher can cancel any exclusion that has already begun, but only if the governing board has not yet met to consider the exclusion.
• 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 or a permanent exclusion may be issued to begin immediately after the end of the suspension.
• Headteachers should take the pupil’s views into account, considering them in light of the pupil’s age and understanding, before deciding whether or not to exclude.
• When establishing the facts in relation to a suspension or permanent exclusion decision the headteacher must apply the civil standard of proof, i.e. ‘on the balance of probabilities’ it is more likely than not that a fact is true, rather than the criminal standard of ‘beyond reasonable doubt.’

An unlawful exclusion refers to the exclusion or removal of a pupil from school that does not follow proper procedure or breaches education law. Examples of unlawful exclusions include:

• An exclusion for a non-disciplinary reason, such as academic ability/attainment or absence from school;
• An exclusion which has not followed the formal school exclusion process, such as if a pupil is sent home to but formal exclusion procedures are not followed;
• Inappropriate use of a part-time timetable;
• A school encouraging a parent to remove their child from the school’s admission register. This practice is known as off-rolling.

We advise any parent, young person, or advocate to seek legal advice if they believe an exclusion was unlawful, as it can be challenged in different ways depending on the specific circumstances of the case.