Permanent Exclusions
Email this pageA permanent exclusion should only ever be used as a last resort. This means it should only happen when:
- There has been a serious breach, or repeated breaches, of the school’s Behaviour Policy, and
- Your child has reached the 45‑day limit for suspensions in one school year or
- Keeping your child in school would seriously harm the education or wellbeing of your child or others.
What the Headteacher Should Consider
Before deciding on a permanent exclusion, the headteacher should think carefully about any factors that may have contributed to what happened, especially if these come to light after the incident. For example, if your child:
- Has experienced a bereavement
- Is struggling with their mental health
- Has been bullied
The school must write to you explaining:
- The reason for the exclusion
- That it is a permanent exclusion
- Your right to make representations to the Governing Body
- Your right to attend the Governing Body meeting
- Your right to bring a friend or supporter
(This information may be sent electronically if you have agreed to this.)
What You Should Do Next
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Contact the headteacher as soon as possible after you are told about the exclusion.
A permanent exclusion is not final until the Governing Body has reviewed and considered the decision.
Education Following Exclusion
- For the first 5 school days after the exclusion, the school should provide suitable work for your child to complete at home.
- From day 6 onwards, it becomes the local authority’s responsibility to arrange suitable full‑time education.
The Governors’ Meeting
- Use the Governors’ meeting to raise any questions or concerns you or your child have.
- You can explain why you may not agree with the decision and share any information you feel has not been fully considered.
You may find it helpful to:-
Read about Governing Body Duties
Look at our What Can you do if you don't agree
Read advice on Advice on Preparing your representation
Find out what to expect at a Governors Meeting
Download our flowchart on Permanent Exclusion Flow Chart
What happens now about my child’s education?
Days 1–5 after the exclusion
During the first five school days following the headteacher’s decision to permanently exclude your child:
- The school should set work for your child to complete at home and should also mark this work.
- As a parent or carer, you are responsible for making sure your child does not go into public places during school hours.
- If your child is found in a public place during school time without permission, you may receive a penalty notice or fine.
From day 6 onwards
From day 6, the local authority (LA) becomes responsible for providing your child with suitable full‑time education.
- The Education Access Service will contact you to:
- Talk through the education arrangements
- Offer advice and support during the permanent exclusion process
- Help identify the next educational placement for your child
This is usually an alternative education setting.
Can I challenge the exclusion?
If a pupil is permanently excluded, the school’s Governing Body must meet within 15 school days to review the exclusion. They will look at what happened and decide whether the Headteacher made the right decision.
As a parent or carer, you have the right to attend this meeting to share your views and explain why you may agree or disagree with the exclusion.
Your child can also attend the meeting and speak, if they feel able to do so and it is appropriate for their age and needs.
After the meeting, the Governing Body must write to you as soon as possible to explain their decision and the reasons for it.
If the Governing Body upholds the permanent exclusion (meaning they agree with the Headteacher’s decision), the letter will also explain how you can ask for the decision to be reviewed by an Independent Review Panel (IRP).
Read our information on
What happens at the Independent Review Panel?
The Independent Review Panel (IRP) will look at all the paperwork and evidence that was available to the Governing Body when they originally made their decision about the permanent exclusion.
If you feel that the Governing Body did not properly consider some of the evidence you provided, or did not take account of relevant school policies, it is important to raise this with the IRP so they are aware.
There may also be new information that has come to light since the Governors’ meeting. This could include, for example, a new diagnosis of a disability or further professional evidence about your child’s needs.
The IRP can take new evidence into account when deciding whether the Governing Body should be asked to reconsider their decision. However, the panel cannot use new evidence when deciding whether to completely overturn (“quash”) the exclusion.
Can I choose to find a new school for my child myself?
After a permanent exclusion, your child will usually be offered a place in a Pupil Referral Unit (PRU) or another type of alternative provision. Some parents choose for their child to stay there for a period of time so their needs can be assessed and additional support put in place. Others may prefer to look for a new school place as soon as possible. Both options are valid, and the right choice will depend on your child’s needs.
You are able to apply for a school place yourself through the usual school admissions process. In most cases, if a school is full, you also have the right to appeal against that decision.
When a school may refuse admission
There are some situations where a school may refuse to admit a child, even if it has places available. These include:
- If a child has been permanently excluded twice within the last two years
- If a child has challenging behaviour and is applying for a place part‑way through the school year
In these cases, the school must refer the request to the local authority rather than making a decision themselves.
What is the Fair Access Protocol (FAP)?
The Fair Access Protocol (FAP) is a local agreement designed to make sure that children who do not have a school place are placed back into education as quickly as possible.
The protocol also applies to children who are not yet ready to return to a mainstream school, including those who have been permanently excluded. Importantly, under the FAP, a child can be placed in a school even if that school is already full.
If you think your child’s disability led to the permanent exclusion
If you feel that your child’s disability played a part in their being permanently excluded, you can make a claim under the Equalities Act 2010 to the First Tier Tribunal (Special Educational Needs and Disability). Claims can be made up to six months after your child was excluded. You can also make a claim at the IRP.
Where an EHC plan is in place
The Headteacher does have the power to exclude a child. However, wherever possible, they should avoid permanently excluding a child who has an Education, Health and Care Plan (EHCP) or who is a looked after child.
If a child is at risk of exclusion, the Headteacher should carefully consider what other support or alternatives might be available. This should include asking for the child’s Annual Review to be brought forward, so their needs and support can be looked at urgently.
If your child has an EHCP
If your child has an EHCP and is permanently excluded, the local authority (LA) must find an appropriate full‑time education place for them.
- A SEND Operations Co‑ordinator will contact you to talk through:
- Alternative education options
- How your child’s needs can continue to be supported
The LA also has a legal duty to make sure the support set out in your child’s EHCP continues. This responsibility still applies even though your child has been excluded from school.
This means the LA must be closely involved in any decisions about alternative education, to ensure that the provision in the EHCP is still being delivered.
This requirement is set out in the Department for Education Exclusion Guidance
Can a looked after child be excluded?
Headteachers should, wherever possible, avoid permanently excluding a child who is in care, was previously looked after, or who has special educational needs (SEN) or an Education, Health and Care Plan (EHCP).
If a looked‑after child is at risk of being suspended or permanently excluded, the school’s designated teacher should contact the Virtual School Head (VSH) as soon as possible. The VSH can help the school look at the situation and decide what support may be needed to improve the child’s behaviour and prevent exclusion if possible.
The designated teacher, working closely with the VSH and the child’s carers, should think about what extra support or assessments might help. This could include:
- Additional support for the classroom teacher
- One‑to‑one help or therapeutic support
- Further assessment of the child’s emotional or learning needs
The aim is to understand what is causing the behaviour and to put the right support in place, so that exclusion can be avoided wherever possible.
What does the Department for Education say?
Department for Education Guidance Suspension and Permanent Exclusion from maintained schools, academies and pupil referral units in England, including pupil movement Guidance for maintained schools, academies, and pupil referral units in England says:-
11. A permanent exclusion is when a pupil is no longer allowed to attend a school (unless the pupil is reinstated). The decision to exclude a pupil permanently should only be taken:
• in response to a serious breach or persistent breaches of the school's behaviour policy; and
• where allowing the pupil to remain in school would seriously harm the education or welfare of the pupil or others such as staff or pupils in the school.
13. The headteacher can cancel any exclusion that has already begun (or one that has not yet begun), but this can only happen when the governing board has not yet met to consider whether the pupil should be reinstated.
Department for Education has updated the below guidance: Behaviour in Schools Guidance says:-
58. Schools should consider whether a pupil’s SEND has contributed to the misbehaviour and if so, whether it is appropriate and lawful to sanction the pupil. In considering this, schools should refer to the Equality Act 2010 and schools guidance.
59. The school should also consider whether any reasonable adjustments need to be made to the sanction in response to any disability the pupil may have. It is also important for the schools to seek to try and understand the underlying causes of behaviour and whether additional support is needed.
Department for Education - A guide for parents on school behaviour and exclusion - GOV.UK says
‘Sometimes, pupils with a disability will need reasonable adjustments made to a rule or type of sanction’ and ‘school and governing board will need to consider whether your child’s SEND has contributed to their behaviour, and whether it is therefore fair and lawful to sanction them because of this’.
What does the SEND Code of Practice say?
SEND code of practice: 0 to 25 years - GOV.UK
5.36 It is particularly important in the early years that there is no delay in making any necessary special educational provision. Delay at this stage can give rise to learning difficulty and subsequently to loss of self-esteem, frustration in learning and to behaviour difficulties. Early action to address identified needs is critical to the future progress and improved outcomes that are essential in helping the child to prepare for adult life (Chapter 8, Preparing for adulthood from the earliest years).
5.29 A delay in learning and development in the early years may or may not indicate that a child has SEN, that is, that they have a learning difficulty or disability that calls for special educational provision. Equally, difficult or withdrawn behaviour does not necessarily mean that a child has SEN. However, where there are concerns, there should be an assessment to determine whether there are any causal factors such as an underlying learning or communication difficulty. If it is thought housing, family or other domestic circumstances may be contributing to the presenting behaviour, a multi-agency approach, supported by the use of approaches such as the Early Help Assessment, should be adopted.
6.21 Persistent disruptive or withdrawn behaviours do not necessarily mean that a child or young person has SEN. Where there are concerns, there should be an assessment to determine whether there are any causal factors such as undiagnosed learning difficulties, difficulties with communication or mental health issues. If it is thought housing, family or other domestic circumstances may be contributing to the presenting behaviour a multi-agency approach, supported by the use of approaches such as the Early Help Assessment, may be appropriate. In all cases, early identification and intervention can significantly reduce the use of more costly intervention at a later stage.
6.23 Slow progress and low attainment do not necessarily mean that a child has SEN and should not automatically lead to a pupil being recorded as having SEN. However, they may be an indicator of a range of learning difficulties or disabilities. Equally, it should not be assumed that attainment in line with chronological age means that there is no learning difficulty or disability. Some learning difficulties and disabilities occur across the range of cognitive ability and, left unaddressed may lead to frustration, which may manifest itself as disaffection, emotional or behavioural difficulties.
6.33 Schools and colleges should have clear processes to support children and young people, including how they will manage the effect of any disruptive behaviour so it does not adversely affect other pupils. The Department for Education publishes guidance on managing pupils’ mental health and behaviour difficulties in schools – see the References section under Chapter 6 for a link.