Suspension Your child’s school will let you know about the suspension as soon as possible. This will be followed up with something in writing, telling you how long your child is suspended for and why. If your child has a social worker or virtual school head, they will also be told about your child’s suspension. A suspension can start immediately (on the same school day as the misbehaviour occurred) or on another school day. If you disagree with your child’s suspension, you have the right to challenge the decision and how you do this must be set out in the letter your child’s school sends to you about the suspension. Where suspensions are becoming a regular occurrence for a pupil, head teachers and schools should consider whether suspension alone is an effective sanction and whether additional support needs to be put in place to address their behaviour. Permanent exclusion Your child’s school will let you know about a permanent exclusion as soon as possible. They will follow up with something in writing, telling you the reason for your child’s permanent exclusion. If your child has a social worker or Virtual School Head, they will also be told about your child’s permanent exclusion. A permanent exclusion can start immediately (on the same school day as the misbehaviour occurred) or on another school day. If you disagree with your child’s permanent exclusion, you have the right to challenge the decision and how you do this must be set out in the letter your child’s school sends to you about the permanent exclusion. Risk of prosecution if your child is found in a public place For the first 5 school days of a suspension or permanent exclusion, it is your responsibility to make sure your child, (if they are of compulsory school age, between the ages of 5 and 16) is not in a public place during normal school hours unless there is a good reason, such as needing to attend a medical appointment.
You might be prosecuted if your child is found in a public place during the first 5 school days of a suspension or permanent exclusion.
Educating your child while they are suspended or permanently excluded If your child has been suspended for 5 school days or less, your child’s school should set and mark work for the school days they are suspended. This can include using online programmes such as Google Classroom or Oak National Academy. If a suspension is longer than 5 school days, your child’s school must arrange suitable full-time education to begin from the sixth school day of the suspension, if they are of compulsory school age (between the ages of 5 and 16). For permanent exclusions, the local authority must arrange suitable education to begin from the sixth school day of the permanent exclusion, if they are of compulsory school age (between the ages of 5 and 16). This type of education is called alternative provision and includes education provided at pupil referral units, as well as some other types of education settings.
Suitable education is defined as efficient education suitable to the child’s age, ability and aptitude and to any special educational needs the child may have.
Pupils with special educational needs or a disability (SEND) The law does not prevent a pupil with SEND from being suspended or permanently excluded. However, schools do have a legal duty under the Equality Act 2010 not to discriminate against a pupil by suspending or permanently excluding them from school because of their disability and reasonable adjustments may need to be made. Schools should consider whether your child’s SEND has contributed to the breaking of the school rules, and if so, whether it is right and lawful to issue a suspension or as a last resort, permanent exclusion. Schools must also ensure that they do not discriminate against disabled pupils by increasing their risk of suspension or permanent exclusion more than other pupils without a good reason. Concerns about behaviour If your child has SEND and you have concerns about their behaviour in school and risk of being suspended or permanently excluded, you should discuss this with the school in the first instance. The school should work with you to ensure the right support is in place for your child. There are also a number of organisations that can provide free advice on behaviour, suspension and permanent exclusion of pupils with SEND. If your child has an EHC plan, the school should speak to you about any behavioural concerns at an early stage. They should also contact the local authority and consider requesting an early annual review prior to making the decision to suspend or permanently exclude. Challenging a decision If your child has been suspended or permanently excluded and you believe it occurred due to discrimination, you can make a claim to the First-tier Tribunal (in relation to disability) or a County Court (for other forms of discrimination). You must do this within 6 months of the suspension or permanent exclusion. You can also challenge a suspension or permanent exclusion through the governing board and independent review panel, if relevant. When a school cannot meet your child’s needs Suspension or permanent exclusion should only happen in relation to a child’s behaviour. Your child’s school should not suspend or permanently exclude your child because they are unable to meet their needs, for example if they have SEN or a disability, and schools should not place pressure on you to home educate your child. If your child has an EHC plan and your child’s school says they are unable to meet their needs, you should talk to your local authority who may arrange an early review of the plan. Requesting an EHC needs assessment If your child does not have an EHC plan but you think your child needs more specialist help that cannot be met from the school’s SEN support, you can ask your local authority for an EHC needs assessment for your child. It is often helpful to discuss such a request first with the school to see if they can provide relevant evidence or are willing to make the request themselves. A needs assessment could lead to your child getting an EHC plan. If your child has already been suspended or permanently excluded, you should raise this at both the governing board meeting and the independent review panel (if you request one).