Children with special educational needs and disabilities (SEND) are excluded from school at far higher rates than their peers. For families with an Education, Health and Care Plan (EHCP), an exclusion can feel like the system giving up on a child who is already struggling. But the law gives children with SEND important protections, and many exclusions, particularly informal ones, are unlawful.
This guide explains the rules on suspensions and permanent exclusions, what makes an exclusion unlawful, when an exclusion may be disability discrimination, and the steps you can take to challenge one.
Suspension and Permanent Exclusion: The Basics
There are two types of formal exclusion in England. A suspension (previously called a fixed-period exclusion) is for a set number of days, up to 45 school days in a year. A permanent exclusion means the child is removed from the school roll for good.
Only the headteacher can exclude a pupil. An exclusion must be for a breach of the school's behaviour policy, it must be reasonable and proportionate, and it should always be a last resort. The statutory guidance is clear that schools should consider early intervention and every other option before excluding, and that exclusion should never be used because a school cannot meet a child's needs. A child with an EHCP can still be excluded, but the bar is meant to be high.
Unlawful and Informal Exclusions
Some of the most common exclusions affecting SEND children are not recorded as exclusions at all, and these are unlawful. Watch for:
- Being sent home to "cool off" without it being formally recorded as a suspension
- Being asked not to come in on certain days, for a trip, or when a particular member of staff is absent
- A part-time timetable imposed indefinitely, without a clear plan and end date to return the child to full-time education
- Being collected early every day as an informal arrangement
These off-the-record exclusions are unlawful regardless of whether the child has SEND and even if a parent appears to agree to them. Every exclusion must be formal, recorded in writing, and time-limited. If your child is being sent home informally, ask the school in writing whether this is a formal exclusion, and if so, for how many days. A part-time timetable should only ever be a short-term, agreed measure with a plan to restore full-time provision.
When an Exclusion May Be Disability Discrimination
This is one of the strongest protections for children with SEND. Under the Equality Act 2010, schools must not discriminate against disabled pupils. Many children with an EHCP meet the legal definition of disabled. If a child is excluded for behaviour that arises from their disability, for example a meltdown linked to autism, or impulsivity linked to ADHD, that exclusion may amount to unlawful disability discrimination.
A claim of disability discrimination is made to the First-tier Tribunal (SEND), which is the same tribunal that hears EHCP appeals. The tribunal can order a range of remedies, including that the school takes specific steps, provides training to staff, or apologises, and it can recommend reinstatement. The deadline for a discrimination claim is six months from the act complained of, which is different from the EHCP appeal deadline, so check the dates carefully.
If the underlying problem is that the plan does not provide enough support to manage your child's behaviour, the answer may be to strengthen the EHCP itself. Our guides on Section F specificity and the annual review explain how to get the right provision written in.
An exclusion often signals that the EHCP is not delivering enough support. EHCP Expert helps you respond formally, request an emergency review, and put the right provision in writing.
Get help with your caseThe Process After an Exclusion
If your child is excluded, the school must notify you without delay and explain your right to make representations to the governing board. The process then depends on the type of exclusion.
Suspensions. For shorter suspensions you can make representations to the governors. For longer suspensions, where the total reaches more than five school days in a term, the governing board must meet and consider reinstatement.
Permanent exclusions. The governing board must meet to review the decision within 15 school days. You can attend, bring someone with you, and put your case. If the governors uphold the exclusion, you can ask for an independent review panel, which scrutinises whether the decision was lawful, reasonable and procedurally fair. Where a child has SEND, you can also request that a SEND expert advises the panel.
Education during exclusion. From the sixth school day of a permanent exclusion, the local authority must arrange suitable full-time education. From the sixth day of a suspension, the school must arrange suitable education. Your child should never be left at home with nothing.
Using the EHCP to Protect Your Child
An exclusion is often a sign that the EHCP is not doing its job. If the plan does not contain the provision needed to support your child's behaviour, you can request an emergency or early annual review to put it right. If the school genuinely cannot meet need, the question of a different placement, or even education otherwise than at school, may arise. Read our guides on the sections of an EHCP and on EHCP and EOTAS to understand the options.
Keep a clear written record of every incident, every time your child is sent home, and every communication with the school. That record is the foundation of any challenge, whether through the governors, an independent review panel, or a discrimination claim.
If your child has been excluded, act quickly and in writing. Start documenting your case and generate the right letters today.
Last updated: June 2026