School exclusion is when a pupil is removed from school for disciplinary reasons, either temporarily (suspension) or permanently (permanent exclusion).

There is guidance published by the Department for Education (DfE) titled School suspensions and permanent exclusions which outlines the laws governing school exclusion.

The DfE has also published a dedicated school exclusion guidance for parents titled School exclusions: guide for parents.

An exclusion can be issued in response to a serious incident or ongoing poor behaviour. Examples include:

• Physical assault against a pupil or an adult
• Verbal abuse or threatening behaviour against a pupil or an adult
• Use, or threat of use, of an offensive weapon or prohibited item
• Bullying
• Racist abuse

A pupil with SEND can be excluded, but this should be avoided whenever possible. Where a school has concerns about the behaviour, or risk of suspension and permanent exclusion, of a pupil with SEND, it should re-assess the pupil’s needs and the suitability of provision before deciding to exclude.

The law doesn’t allow for extending a suspension or ‘converting’ a suspension into a permanent exclusion. In exceptional cases, usually where more 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.

Yes. The process will depend on whether it’s a suspension, as well as how many days the suspension is for, or a permanent exclusion.

• If any of the following apply, there will be the opportunity to challenge the decision to the school’s governing board within 15 school days:
  • It’s a permanent exclusion
  • It’s a suspension which would bring the pupil’s total number of school days of exclusion to more than 15 in a term
  • It would result in the pupil missing a public exam or national curriculum test
• If a pupil has been suspended for a period of more than five school days but not more than 15 in a single term, the governing board must consider and decide on the reinstatement of the pupil within 50 school days.
• If a pupil has been suspended and it doesn’t bring their total number of days of suspension to more than five in a term, the governing board must consider any representations made. However, it can’t direct reinstatement and isn’t required to arrange a meeting with parents.

If the governing board upholds the decision to permanently exclude, the case can be taken to an IRP for review. The IRP doesn’t have the power to direct a governing board to reinstate an excluded pupil. However, where a panel decides that a governing board’s decision is flawed, it can recommend that the governing board reconsider their decision, or quash the decision and direct the governing board to consider the exclusion again.

Again, this will depend on whether it’s a suspension, as well as how many days the suspension is for, or a permanent exclusion.

• In the event of a permanent exclusion, the local authority must arrange suitable full-time education to begin from the sixth school day following the decision to exclude.
• For a suspension of more than five school days, the school’s governing board must arrange suitable full-time education to begin from the sixth school day following the decision to exclude.

Whilst the statutory duty on governing boards or local authorities is to arrange full-time education from the sixth day of a suspension or permanent exclusion, there is an obvious benefit to the pupil in starting this provision as soon as possible. This also applies to suspensions of five days or less: providing alternative education is not a legal requirement, but it is encouraged.