Understanding Exclusion
Types of exclusion and what they mean
The law distinguishes between different types of exclusion, and your rights differ depending on which type your child is facing. Only a headteacher can exclude a child — no other member of staff has this power.
Suspension (Fixed Term)
Temporary exclusion
Previously called "fixed term exclusion". The child is sent home for a set number of school days. A single suspension cannot exceed 45 school days in one academic year. The school must provide work from day one and full-time education from day six.
Permanent Exclusion
Expulsion from the school
The child is removed from the school roll permanently. This is the most serious sanction. The local authority must provide full-time education from day six. You have the right to challenge this decision — and the right to an Independent Review Panel if the governing body upholds it.
Managed Move
Transfer to another school
A child transfers to another mainstream school without being permanently excluded. This can be the right outcome when relationships have broken down and a fresh start would help. Crucially — you do not have to agree to a managed move. It must be voluntary.
Off-Site Direction
Temporary alternative provision
The school directs your child to attend education elsewhere — another site or alternative provision — to improve their behaviour. The school must try in-school interventions first. This should be time-limited and aim for reintegration. Regular reviews must involve you as a parent.
Your Legal Rights
What you are entitled to — by law
Schools do not always volunteer this information. These rights exist regardless of what the school tells you.
Written notice of exclusion
The school must inform you in writing of the decision to exclude, the reasons, the period of exclusion, and your right to make representations to the governing body.
Education from day six
For suspensions, the school must arrange full-time education from the sixth school day. For permanent exclusions, the local authority must do this. Your child has a right to education — it cannot simply stop.
Governors must meet within 15 days
For permanent exclusions, the governing body must meet within 15 school days to review the headteacher's decision. You have the right to attend, to put your case, and to bring a friend or legal adviser.
Right to make representations
You can submit written representations to the governing body at any time before the meeting. Put everything in writing. Keep copies of everything.
Independent Review Panel
If the governing body upholds a permanent exclusion, you can request an Independent Review Panel. This must be requested within 15 school days of the governing body's decision. Missing this deadline means losing the right to challenge.
SEND expert at the IRP
You can request that a SEND expert attends the Independent Review Panel to advise on how your child's special educational needs may be relevant to the exclusion. This right is often not mentioned by schools.
Discrimination claim
If you believe your child was excluded because of a disability, SEND, race, religion or other protected characteristic, you can make a claim to the First Tier Tribunal. This applies to any type of exclusion. Legal aid may be available.
No managed move without consent
A managed move to another school must be voluntary. You cannot be forced into agreeing to one. If you feel pressured, you have the right to refuse and the school must follow the formal exclusion process instead.
Critical Deadlines
What happens and when
The exclusion process has strict legal deadlines. Missing them — even by one day — can mean losing the right to challenge entirely. This timeline assumes a permanent exclusion, which carries the most serious consequences and the most rights.
Day 1
Exclusion decision made by headteacher
The headteacher must tell you immediately — by phone if possible — and follow up in writing the same day. The letter must state the reason, the length of exclusion, and your right to make representations to the governing body.
Day 6
Full-time education must be provided
The school (for suspension) or local authority (for permanent exclusion) must ensure your child is receiving full-time education from day six of the exclusion. If this is not happening, write to both the school and local authority demanding it.
15 days
Governing body must meet
⚠ Deadline: 15 school days from the exclusion date
The governing body must meet within 15 school days. You must be invited to this meeting and given the opportunity to make representations. Submit any written representations before the meeting. Bring someone with you — a family member, friend or adviser.
+15 days
Request an Independent Review Panel
⚠ Deadline: 15 school days from the governing body's decision
If the governing body upholds the permanent exclusion, you have 15 school days from the date of their written decision to request an Independent Review Panel. This is a strict deadline — there are no exceptions. Send your request by recorded delivery and keep proof.
IRP
Independent Review Panel hearing
The IRP must take place within 15 school days of your request. The panel cannot reinstate your child, but it can direct the governing body to reconsider — and if the IRP finds the exclusion was flawed, they can direct a reconsideration payment. You can request a SEND expert be present.
🌟 If your child has SEND — this especially matters
Children with special educational needs and disabilities are significantly more likely to be excluded from school than their peers — often because their needs were not properly met in the first place. If your child has an EHCP, a diagnosis of ADHD, autism, dyslexia, or any other identified or suspected need, this must be considered as part of any exclusion decision. A school that excludes a child without considering whether reasonable adjustments were made for their disability may have acted unlawfully. IPSEA (ipsea.org.uk) provides free specialist advice on this.
The Human Part
Supporting your child through exclusion
The legal process matters. But so does what happens at home. Exclusion is frightening and often humiliating for children — even those whose behaviour contributed to it. How you respond in the first few days can make a significant difference.
💬Stay calm and connected. Your child needs to know you are on their side, even if you are frustrated. Anger at them rarely helps — curiosity about what happened usually does.
👂Listen before judging. Ask open questions. Let them tell you what happened from their perspective, without interruption. You may learn things you didn't know.
📝Write everything down. Every conversation with the school, every letter received, every deadline. The exclusion process is bureaucratic and dates matter.
🔍Ask why — really why. Behaviour is rarely random. A sudden change in a child's behaviour at school is often a symptom of something else — bullying, abuse, unmet needs, mental health. The school may not have looked hard enough.
🏫Keep a routine. Even if your child is at home, maintaining structure — wake time, meals, learning time — helps prevent the situation from deteriorating further.
🤝Get support for yourself too. This is stressful for parents. You are allowed to find it hard. Talk to someone — a friend, family member or one of the organisations listed below.
Further Support
Organisations that can help
VML Kids signposts to specialist organisations rather than trying to replace them. These are the ones we would direct any family facing exclusion to first.
Child Law Advice (Coram)
Free legal advice on school exclusion from the UK's leading children's legal charity. Telephone helpline Mon–Fri 8am–6pm.
childlawadvice.org.uk →
IPSEA
Free specialist advice for families of children with SEND facing exclusion — including discrimination claims and EHCP enforcement.
ipsea.org.uk →
ACE Education
Advisory Centre for Education — free advice on exclusion appeals. Telephone service Mon–Wed 10am–1pm during term time.
ace-ed.org.uk →
Contact (for SEND families)
Specialist support for families of disabled children, including detailed guidance on exclusion rights and managed moves.
contact.org.uk →
School Exclusions Hub (Coram)
An online resource specifically for professionals and advocates helping families appeal exclusion decisions.
childlawadvice.org.uk/hub →
National Autistic Society
Helpline and advice for parents of autistic children at risk of or facing exclusion. Also guidance for schools on avoiding unnecessary exclusion.
autism.org.uk →
ⓘ VML Kids provides this information as a guide only. It is not legal advice. For advice specific to your situation, contact one of the organisations listed above. The law in this area is subject to change — information accurate as of 2025.