Introduction to school exclusion

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.’

Informal and unofficial exclusions

These occur when a pupil is removed from school without the school using the formal exclusion process and following the relevant procedure, for example:

• Sending a pupil home “to cool off” because the school cannot manage the pupil’s needs.
• Using a part‑time timetable without a lawful basis or without a clear, time‑limited reintegration plan.
• Pressuring a parent to remove their child from the school roll (off‑rolling).

These practices deny families the legal protections that accompany a formal exclusion, including the right to make representations and the right to an independent review.

Informal and unofficial exclusions are unlawful.

Unlawful exclusions

A school may follow the correct procedure — for example, issuing a formal exclusion letter, recording the exclusion, providing the right to make representations, and notifying the local authority — but the exclusion can still be unlawful if the reason for it breaches education law.

For example, a pupil may only be excluded for disciplinary reasons. It is unlawful to exclude a pupil for reasons such as:

• academic ability or attainment
• low attendance or lateness
• The actions of a parent