Exclusion and suspension from school

In relation to exclusions the LA and school must have regard to the guidance contained in the Department for Education (DfE) 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 (DfE, 2024).

Can a school tell me not to bring my child to school?

Only the headteacher of a school can suspend or permanently exclude a pupil on disciplinary grounds. A pupil may be suspended for one or more fixed periods (up to a maximum of 45 school days in a single academic year), or permanently excluded.

1. Suspension: when a student is removed from the school for a part of day (or longer) as a result of a serious incident or repeated failure to follow school expectations of behaviour. You will get a letter stating how long the suspension is for, the reason for it and when your child is expected back at school.
2. Permanent exclusion: when a student is never able to return to the school once it has been upheld through the exclusion process.

When is a student permanently excluded from school?

Nearly all permanent exclusion are due to a child’s repeated failure to follow the school’s behaviour policy and acting in a way that negatively affects other students' wellbeing and/or their education is being badly affected.

How will I know if my child has been excluded or suspended from school?

If your child is excluded or suspended from school you should be informed straightaway, usually by phone. The head teacher is also required to send you a letter telling you why your child has been excluded or suspended and your right to make representations about the suspension or permanent exclusion to the governing board (in line with the requirements set out in paragraphs 97 to 107 of the guidance, 2024) and how the pupil may be involved in this.

Can a head teacher exclude or suspend a child on the same day an incident occurs?

Yes. Whilst parents are entitled to be given notice of their child’s exclusion or suspension so that they can, if necessary, make arrangements for their child to be looked after during the period of exclusion, the head teacher may ask parents to remove their child from school straight away.

What do I need to do if I am informed my child has been excluded or suspended from school?

You should begin by calmly discussing with your child what has happened. You should try and understand what has happened from the perspective of the school as well as from the perspective of your child. You may wish to contact the school and ask to discuss the situation in order to try resolve any problems. The school may hold a reintegration meeting with you at the end of any suspension, but you are not legally required to attend this meeting if you do not wish to do so. The school must allow your child to start back at school at the end of the suspension period, even if you are unable or unwilling to attend the reintegration meeting. Schools should support pupils to reintegrate successfully into school life and full-time education following a suspension (this may also be after a cancelled exclusion) or period of off-site direction (see paragraphs 36 to 47).

How long can my child be on a suspension from school?

Schools can use suspensions for a disciplinary breach in line with their school policies. School will set and mark work period of the suspension. If your child is suspended for more than five days in any consecutive period the school has a duty to provide suitable full-time alternative education no later than day six of the exclusion.

What should my child do whilst they are excluded or suspended from school?

Even though your child is not allowed on the school premises, they still should be receiving education. Schools should take reasonable steps to set and mark work for the first 5 days of any exclusion. If no work has been sent home, contact the school and ask for some. Any work set should be accessible and achievable to pupils outside school.

During the first 5 days of exclusion, you are responsible for your child's whereabouts; you must make sure they are not in a public place during school hours. You may receive a penalty notice if your child is present in a public place during school hours without reasonable justification.

Suspensions are just time off school aren't they?

No. Parents/carers discussing their concerns and worry at the behaviour that led to suspension from school with their children helps them receive a clear message about their behaviour. It underscores the importance of suspension from school as a sanction. If parents/carers consider suspension to be a day off, and share this view with their child, allowing them not to do the work provided at home then children receive a very different message and the impact of the suspension as a consequence to their behaviour is diminished.

Be aware that that repeated suspensions mean that a child is at risk of permanent exclusion which means they are not able to return to the excluding school at any time in the future. This is the ultimate sanction that a school could apply.

Can my child be excluded or suspended for behaviour outside of school?

Yes, a pupil’s behaviour outside of school can be considered as grounds for exclusion or suspension. However, this should be in line with the school's behaviour policy. Commonly, this will include behaviour on school trips, behaviour when in uniform or on the way to and from school, and behaviour which may bring the school into disrepute.

Can my child be sent home to 'cool off'?

No, it is unlawful just to send a child home to 'cool off' even if parents or carers agree. All exclusions and suspension must follow the correct procedure and be recorded as exclusion or suspension; any time a pupil is excluded or suspended, even for short periods of time, must be formally recorded.

I don’t agree with the decision about the exclusion or suspension, what can I do?

Parents have a number of rights. The letter from the head teacher should tell you that you have the right to make representations to the Discipline Committee of the school’s Governing Body about the decision to exclude your child:

1. if the exclusion is for 5 days or less in a term you have the right to make written representations
2. if the exclusion is for more than 5 days in a term you have the right to ask to meet with the Discipline Committee
3. if the exclusion is for a period in excess of 15 days in a term, or permanent then you should be invited to a meeting of the Discipline Committee
4. before any meeting of the Discipline Committee you should receive a copy of any report or other papers that are given to the Discipline Committee five school days before the meeting. You can also send to the Discipline Committee a written statement or any other evidence you wish to present.

Please see: A summary of the governing board’s duties to consider reinstatement on pages 39-40 of the DfE Exclusion Guidance for full detail.

What is the Discipline Committee?

This is a panel made up of three governors who have been appointed by the full governing body to consider cases of suspension or exclusion. The head teacher, together with other school staff, will attend the meeting of the Discipline Committee to present their case. A representative of the local authority may attend to offer procedural advice if invited by the school and/or parent. (A local authority representative will not usually attend to consider a fixed term suspension but will always attend in the case of a permanent exclusion from a maintained school and if invited by the parent of a child who attends an Academy School). Parents can ask a friend to accompany or represent them. The Discipline Committee will look at the evidence and decide whether to uphold the head teacher’s decision to exclude or suspend. If the Discipline Committee does not uphold the head teacher’s decision it will direct the head teacher to reinstate the child. (The Discipline Committee has no power to direct reinstatement if the exclusion is for 5 days or less or the exclusion has already been served. It can, however, place a copy of its findings on the child’s school record). If the Discipline Committee does uphold the head teacher’s decision you will be advised of this in writing.

Can the excluded child attend the meeting of the Discipline Committee?

A child can usually attend the Discipline Committee, but it is advisable to take into account their age and understanding, as the child may wish to give their own explanation of what has happened. There are, however, circumstances when it may be inappropriate for the child to attend – if for example, he/she may become distressed or unable to concentrate on what is happening.

What happens at the Discipline Committee meeting?

All the evidence will be heard and everyone will be given an opportunity to speak. When the Discipline Committee has heard from everyone and considered all the evidence, the head teacher will be asked to summarise the case for the exclusion. The parent will then be given the opportunity to have the final word. The Discipline Committee will then meet in private and make its decision. The Discipline Committee will then write to the parent informing of its decision.

What happens if the Discipline Committee decides not to reinstate my child following a permanent exclusion?

If the Discipline Committee decides that your child should not be reinstated the parent is entitled to appeal to an Independent Review Panel. This must be done within 15 school days.

What is a managed move?

A managed move is one option to consider within preventative measures to school exclusion. A managed move is used to initiate a process which leads to the transfer of a pupil to another mainstream school permanently. Managed moves should be voluntary and agreed with all parties involved, including the parents and the admission authority of the new school. If a temporary move needs to occur to improve a pupil’s behaviour, then offsite direction should be used. Managed moves should only occur when it is in the pupil’s best interests enabling the pupil to make a fresh start in a new school.

Where do I go to get help and advice about exclusions and suspensions?

Parents can obtain help and advice from Bradford’s Exclusion Team on 07582 103044 or email: exclusionsteam@bradford.gov.uk.

Department for Education’s statutory guidance on exclusions

For free and impartial information:

• Coram’s Child Law Advice service can be found through the Coram Child Law Advice website or contacted on 0300 330 5485 from Monday to Friday, 10am to 4pm.
• Independent Provider of Special Education Advice (known as IPSEA) is a registered charity. It offers free and independent information, advice and support to help get the right education for children and young people with all kinds of special educational needs (SEN) and disabilities.
• Bradford SENDIASS provides Information, Advice and Support around Special Educational Needs and Disabilities (SEND) 01274 513300 or email bradfordSENDIASS@barnardos.org.uk