Exclusions and part-time timetables

Is it an exclusion?

If your child is sent home for disciplinary reasons, even "to calm down" or "for the afternoon", that is an exclusion. Only the headteacher can exclude, and it must be formally recorded, with written notice to you. "Informal" or "unofficial" exclusions are unlawful, whatever they're called.

Suspensions and permanent exclusions

• The school must tell you without delay, in writing, the reason, how long it lasts, and your right to put your views to the governors.
• For the first 5 school days, the school should set and mark work. From day 6, suitable full-time education must be provided: by the school for a suspension, by the council for a permanent exclusion.
• Governors must meet within 15 school days if it's a permanent exclusion, if suspensions add up to more than 5 days in a term, or if your child would miss a public exam. For shorter suspensions, they must consider any views you send, but don't have to meet.
• If governors uphold a permanent exclusion, you can ask for an independent review panel within 15 school days of their decision. You can ask for a SEN expert to attend, whether or not your child has an EHC plan.
• If you think the exclusion is linked to your child's disability, you can make a disability discrimination claim to the SEND Tribunal within 6 months.

Things to ask

• Was the behaviour linked to unmet needs? Was the support in the EHC plan or SEN support plan actually in place?
• Were reasonable adjustments made for a disability?
• For a child with an EHC plan, the guidance says heads should consider an early annual review (or interim review) instead of excluding.

Part-time timetables

The Department for Education's statutory attendance guidance says a part-time timetable:

• should only be used in exceptional circumstances, for example to support a return after illness or a crisis;
• must be agreed with you. You can say no;
• must be time-limited, with a clear plan to return to full-time and regular reviews;
• must not be used to manage behaviour;
• should involve the council where your child has an EHC plan or a social worker.

If your child can't manage a full day, that's strong evidence their needs aren't being met. Consider asking for an EHC needs assessment or an early review of an existing plan.

Sources: DfE, "Suspension and permanent exclusion from maintained schools, academies and pupil referral units in England" (2024); DfE, "Working together to improve school attendance" (statutory from August 2024); Equality Act 2010.