My child has been excluded from school

If your child gets into trouble at school and educational support strategies have failed, they may be excluded.

Sudden changes in behaviour in your child that affect them at school could be a warning sign that they are being criminally exploited.

When it has been decided to remove your child from school, there are processes to follow. It is important to understand what to expect during this period and the rights available to you, including the right to appeal.

Decision to exclude

A school can decide to exclude a pupil if various strategies for supporting your child have failed. Your child may be at risk of exclusion if a serious breach of a school’s behaviour policy has occurred or there is a risk of serious harm to the learning or welfare of your child or other learners.

Unlawful exclusions

Your child should not be excluded from school for a minor incident, such as poor academic performance or issues with lateness or truancy. Other unlawful grounds for exclusion can include pregnancy, inconsistent breaches of school uniform rules, the behaviour of their parents, or the removal of your child from school to protect them from bullying.

Procedure to exclude

Before an exclusion happens, a headteacher should ensure:

• an investigation has taken place into the incident
• all available evidence has been considered
• relevant school policies have been consulted
• a child has had reasonable opportunities to share their version of events
• the incident did not occur due to bullying or harassment
• a written record of the incident and the actions taken has been completed
• openness and fairness is achieved by notifying the relevant person in a child’s life by telephone or other method, followed by a letter within one day

Exclusion letters

When the decision has been made to exclude your child, their school must provide a letter stating if the exclusion is permanent or fixed-term, when the exclusion will occur, and, for fixed-term exclusions, the return date. It must also include a plan for how your child’s education will continue during this period and further information about the exclusion period, including:

• reasons for the exclusion
• for maintained schools, the parent or guardian’s and child’s right to formally complain about the exclusion to a discipline committee
• information about who to contact to make a formal complaint
• the right to see and have a copy of the child’s educational record upon written request to the school
• a name and phone number of someone to contact for more advice

What happens next

Following exclusion, a local authority will assess your child’s needs. This will ensure that suitable education is made available to them and that a reintegration procedure to school is followed when the term of exclusion has ended.

Reintegration following a fixed-term exclusion

A reintegration plan should be written by the local authority for your excluded child and reviewed regularly. The plan should include steps to be taken for reintegration and:

• a timetable for reviewing the plan
• activities which gradually increase the amount of contact a child has with the returning school
• the date for the actual return

Finding alternative provision

A school can agree on an alternative schooling programme with you and your child. This can include Pastoral Support Programmes (PSPs), sometimes available internally within a school.

A ‘managed move’ can also be agreed on with the school. This involves finding a different school that your child can attend. The plan must be in your child's best interest, and you must not feel pressured to agree to a move to avoid exclusion.

A managed move does not provide the same legal protection as a permanent exclusion. For example, children are not automatically entitled to interim education, the right of appeal, or support with practical arrangements like transport.

Your right to appeal

You have the right to make a formal complaint to a discipline committee about excluding your child from their school. You also have a right to an independent appeal if you wish to appeal the decision of a discipline committee.

Discipline committee

A discipline committee comprises three to five school governors and a clerk who provides advice on the process. A meeting must be set up between the sixth and fifteenth day of notification of an exclusion. The committee must invite:

• you
• your child
• headteacher
• local authority officer

A legal representative should also be allowed to attend if requested, and an advocate should be present to represent your child if you or a guardian are not available.

The committee can either uphold an exclusion or request the reinstatement of your child, either immediately or by a certain date.

Any decision made by the discipline committee should be notified to all parties within one school day of the meeting, outlining the reasons for the decision. The letter must include:

• the reason for their decision
• the last day for lodging an appeal
• an explanation for the grounds of appeal

A letter from the local authority will also be sent within three working days of the meeting.

Independent appeal

You have a right to an independent appeal panel even if you did not attend the discipline panel. The local authority must create the panel and include the following:

• a clerk
• a layperson who acts as Chair
• education practitioners
• school governors

All parties should be able to represent their case, including your child, in an informal environment.

The panel must inform all parties of their decision by the second working day after the meeting. The panel can either uphold an exclusion, reinstate your child to the school, or outline that it is not practical to suggest reinstatement due to exceptional circumstances.