Your Child Has Been Excluded From School
School exclusions — fixed-period or permanent — are governed by strict statutory rules. Parents have significant rights to challenge exclusions that are unlawful or disproportionate.
Quick Answer
Request the written exclusion notice and the reasons. You have the right to request a governors' disciplinary committee meeting within 15 school days for a permanent exclusion (or a fixed-period exclusion that would take your child over 15 days in a term). After the governors' review, you may request an Independent Review Panel (IRP). In urgent cases, consider whether the exclusion was procedurally unlawful.
Full Explanation
School exclusions in England are governed by section 51A of the Education Act 2002 and the School Discipline (Pupil Exclusions and Reviews) (England) Regulations 2012. The headteacher has the power to exclude a pupil for a fixed period or permanently, but only on disciplinary grounds and only where exclusion is proportionate.
When a headteacher excludes a pupil, they must notify the parents immediately (same day if possible) and in writing. The written notice must state the grounds for the exclusion, the period of exclusion (or that it is permanent), and the parent's rights to challenge the decision. For permanent exclusions and fixed-period exclusions that would take the pupil to over 15 school days in a term, parents can request a meeting with the school's governing body disciplinary committee.
The governing body committee must meet within 15 school days of receiving the parent's representation. The committee can reinstate the pupil, uphold the exclusion, or (for permanent exclusions) direct reinstatement with conditions. If the committee upholds a permanent exclusion and the parent disagrees, they may request an Independent Review Panel (IRP) within 15 school days of the committee's decision. The IRP is an external panel appointed by the local authority (or academy trust for academies). The IRP can quash the decision and direct the governing body to reconsider.
Schools must provide suitable full-time education from the sixth school day of a permanent exclusion. For fixed-period exclusions, the school must set work for the first five days. Failure to provide education gives grounds for a further complaint.
Note that exclusions for children with Special Educational Needs and Disabilities (SEND) raise additional issues — schools must not exclude a child for behaviour that is a manifestation of their disability, and a manifestation determination review should be conducted before exclusion.
Legal Basis
- §Education Act 2002 s.51A — headteacher's power to exclude
- §School Discipline (Pupil Exclusions and Reviews) (England) Regulations 2012 (SI 2012/1033)
- §DfE Guidance — Suspension and Permanent Exclusion from maintained schools (2022)
- §Equality Act 2010 — disability discrimination in school exclusions
What To Do
Read the Exclusion Notice Carefully
Obtain the written exclusion notice. Check: (a) the grounds stated are specific; (b) the notice states your rights; (c) there is evidence supporting the decision. Request the evidence used — the school's investigation notes and any witness statements.
Request a Governors' Meeting
For permanent exclusions and exclusions over 15 days in a term, write to the governing body clerk within the prescribed timeframe requesting a review meeting. State clearly that you wish to attend and make representations.
Attend and Make Representations
Attend the governors' committee meeting. You may bring a friend, family member, or representative (but not a solicitor acting in a legal capacity in certain maintained schools). Present evidence that the exclusion was disproportionate, unfair, or procedurally flawed.
Request an Independent Review Panel if Needed
If the governors uphold a permanent exclusion, write to request an IRP within 15 school days. An IRP can recommend reinstatement or quash the decision and require the governors to reconsider.
Consider Judicial Review in Extreme Cases
If the exclusion is clearly unlawful (for example, no written notice, no fair hearing, or clear disability discrimination) and the IRP process has been exhausted, judicial review of the governing body's decision may be available. This requires urgent legal advice.
Important Deadlines
Important Warnings
Missing the 15-school-day deadline to request a governors' hearing will extinguish your right to a review — act immediately on receiving the exclusion notice.
If your child has a Statement of SEN or EHC Plan, exclusion for behaviour that is a manifestation of their SEND may be unlawful under the Equality Act 2010 — seek legal advice promptly.
An IRP cannot force reinstatement — it can only require the governing body to reconsider. However, the governing body must give serious weight to the IRP's findings.