Things You Can Do if Your Child is Excluded from School

What Do the Statistics Say?

Data on school exclusions from the Department for Education paints a bleak picture:

• Permanent exclusions in state-funded primary, secondary and special schools in 2022-2023 is 3,104, with the vast majority of permanently excluded children reported to have SEN
• Fixed period exclusions (when a child is excluded from school for a certain amount of time) is 247,366 for the year of 2022-2023

How do Schools exclude Students?

By law, schools can only exclude children on disciplinary grounds and the decision is made by the headteacher.

But, with increasing pressure to ‘get results’ some schools want to remove children in circumstances where there isn’t necessarily a sufficient reason to permanently exclude them.

Knowing exactly when it is permissible for a school to exclude a student can assist parents in challenging decisions of Headteachers where appropriate and necessary to do so.

Some Common Occurrences

Our Lawyers have seen examples of:

• Schools putting pressure on parents to withdraw their child from school, and threatening to exclude them if they don’t remove them.
• Keeping a child in isolation until their parents agree to move them to another school
• Informally excluding a child with Special Educational Needs and/or Disabilities (SEND) because the school says it can no longer meet the child’s needs
• Straightforward, unlawful exclusion from school where a child is excluded without any paperwork being provided (and they're told, for example, "I don't want to see you at school again")
• Excluding a student for reasons relating to their academic performance, which is unlawful – the worst example we came across involved pro forma letters by which children were excluded when their academic performance did not improve.

Here's what you can do if your child has been excluded from school:

1. Understand the Types of Exclusion

In the UK, there are two  types of school exclusion: fixed-term (now known as a suspension) and  permanent. . It's vital to know the distinctions between them as each require different actions.

Suspensions are fixed-term exclusions. These are temporary and have a set duration. Schools should provide work for your child during this period, so they don't fall behind in their studies. It's crucial to ensure your child receives this work promptly and completes it to the best of their ability. You can ask that the School’s Board of Governors review the decision to issue a suspension but, in the event that they uphold the decision, parents are unable to challenge the decision further unless there is evidence that such a suspension is discriminatory. If you consider that your child has been suspended for reasons relating to their disability, then get in contact to discuss your case further. Our specialist lawyers can advise on the options available to you and your prospects of success.

Permanent exclusions are considered more serious, and you have a further right to appeal such decisions. The initial review is still conducted by the School Governors but if that is upheld then parents have a right to request that the exclusion is reviewed by an Independent Review Panel.

When this happens, the school must provide reasons for the exclusion in writing.

Simpson Millar can help with challenging permanent exclusions. Do get in contact and our specialist lawyers can advise on the options available to you and your prospects of success

2. Review the School's Behaviour Policy

Every school has a behaviour policy that outlines expected conduct and consequences for rule violations. Obtain a copy of this policy and review it carefully. Understanding the school's procedures and sanctions can help you navigate the situation more effectively.

3. Seek Legal Advice

If you believe your child's exclusion is unfair or unlawful, it's advisable to seek legal advice. Simson Millar's Education Solicitors are experienced in education law and can provide guidance on your rights and potential legal actions you can take.

4. Gather Evidence

Collect evidence related to the exclusion, including any written communication between you and the school and records of meetings where applicable. You should request a copy of your child’s school file, any SEN intervention and/or other disciplinary measures taken where these are relevant.  This documentation may be valuable in an appeal or when seeking a resolution.

5. Understand the Appeal Process

 The appeal process is different depending on the type of exclusion.

Suspension

You can ask that the School’s Board of Governors review the decision to issue a suspension but, in the event that they uphold the decision, parents are unable to challenge the decision further unless there is evidence that such a suspension is discriminatory. If you consider that your child has been suspended for reasons relating to their disability, then get in contact to discuss your case further. Our specialist lawyers can advise on the options available to you and your prospects of success.

Permanent Exclusions

The initial review is still conducted by the School Governors but if that is upheld then parents have a right to request that the exclusion is reviewed by an Independent Review Panel. The decision of an Independent Review Panel is final and can only be challenged further if there is evidence of a legal error. Where this does occur, advice on Judicial Review should be sought. It is essential that such advice is sought immediately following the decision.

6. Support Your Child

Exclusion can be distressing for your child. Provide emotional support and maintain their routine as much as possible during the exclusion period. Keep them engaged in their studies, and seek additional educational support if needed.

7. Explore Alternative Education

During an exclusion, your child should receive suitable education.  Following the 5^th day of exclusion, the responsibility to arrange education for your child moves from the school to your Local Authority. You should contact them directly if they do not otherwise contact you.

You may explore alternative arrangements. A Pupil Referral Unit may be considered but you are also entitled to information on any schools in your area with places available. This is often a good starting point for parents.

8. Think about the reasons your child was excluded

Our lawyers often see situations where a child has been excluded because their needs have not been met. Despite this, there is often no Education, Health and Care plan in place. If one school cannot adequately support your child’s needs, then parents should consider whether another school would be able to. Advice may be beneficial on securing an EHCP if one is not already in place or alternatively considering the adequacy of the plan if it is in place.

9. Keep Records of All Communication

Maintain meticulous records of all communication with the school, local authority, or any relevant agencies. These records can be valuable in resolving the issue or supporting an appeal or otherwise moving forward in ensuring your child receives suitable full time education as soon as possible.

10. Be Aware of Discrimination

If you suspect unfair treatment based on race, gender, disability, or other protected characteristics, it's important to get legal advice. At Simpson Millar, we have expertise in handling these situations and can guide you on what to do next. We're here to help and support you through this and the earlier we are consulted on such issues, the easier it can be to understand the outcome.

11. Stay Informed and Seek Support

Stay informed about your child's rights and the relevant laws and regulations. Joining support groups or seeking advice from our Education Lawyers is vital to ensure you get the outcome you are looking for.

Key Takeaways

1.      Challenge the Decision

One of the first things you can do is to ask the governing body at the school to overturn the decision. This is regardless of the type of exclusion.

2.     Ask for an Independent Review if Your Child was Permanently Excluded

If the Governors uphold the exclusion and the exclusion was permanent, the next step is seeking review by an Independent Review Panel. Such a request should be made in writing following receipt of the decision of the Governing Board.

3.     Speak to Your Child

Being excluded from school is upsetting and traumatising for children. If you notice your child isn't coping well, they may require professional support beyond what can be provided through their education. You can speak to your GP or Local Authority about any such concerns in the first instance.

4.    Ask if Your Child's SEND Were Taken into Account

If your child has SEND and you believe that their school didn't consider their needs when making a decision, you should get legal advice from an Education Law Solicitor.

It's usually the case that excluded students with SEND haven't been given the right level of support, which can make exclusion more likely due to escalating needs and/or behaviour for example. Students with a disability can also expect schools to make reasonable adjustments to accommodate that disability and failure to do so can be grounds for challenging a decision to exclude. Parents should seek advice on whether there are grounds for a standalone legal challenge or whether such grounds should be included in the IRP challenge.

5.     Consider Finding a New School

You could contact other local schools to find out whether they have any available spaces. But, bear in mind that if your child is of compulsory school age your Local Authority must provide them with education, which should normally be full-time in school. A permanent exclusion does not absolve the Local Authority of their legal duty to ensure suitable full-time education is provided.

6.    Get Legal Advice

If your child has been excluded and you think this decision was made unfairly, you can get in touch with one of our experienced Education solicitors to help you fight your child’s case.

As leading Education Law Solicitors, our dedicated team has a proven track record of securing good outcomes for numerous families. Let us guide you through the complexities of education law to ensure your child's rights are protected and their educational experience is the best it can be. Trust in our expertise to advocate for your family, just as we've done for many others. Contact Simpson Millar today to  see if we can help you. We understand that your priority will be to get your child back into their school, and to reduce the disruption to their studies as much as possible. We will be in your corner to ensure that your child is treated fairly in any decisions made, so that you can get the outcome you desire.