School Exclusions - what the latest statistics tell us and what to do if your child is excluded from school

As the school year comes to an end, Department of Education latest figures report record numbers of school suspensions and exclusions in England for the academic year 2022/23. Persistent disruptive behaviour was the most commonly reported reason, accounting for 48% of the 790,000 suspensions and 39% of the 9,000 exclusions recorded during the past academic year.

Fixed period or temporary exclusions (also known as suspensions) refer to the formal and temporary removal of a pupil from school for disciplinary reasons. Schools have a duty to set and mark work for the first 5 school days of an exclusion, and if the exclusion is longer than 5 school days, the school must arrange suitable alternative education. The exclusion must be lawful, proportionate and fair, and parents must be notified of the period of the exclusion and reason for it. The total number of fixed term exclusions cannot exceed 45 days in a year, and compliance with the Equality Act 2010 is required.

Permanent exclusion involves the permanent removal of the pupil from the school. The Local Authority is required to arrange full-time education for the pupil from the 6th school day of the permanent exclusion. Similar to temporary exclusions, the exclusion must be lawful, proportionate and fair, and in compliance with the Equality Act 2010. However, the test for whether a permanent exclusion is appropriate is two-part: 1) the exclusion must be for disciplinary reasons, and 2) a decision can only be taken if the pupil is found to be in serious breach of the school’s behavioural policies and where allowing the pupil to remain in school would seriously harm the education or welfare of the pupil or others in the school.

Informal or unofficial exclusions are exclusions where the child has been asked not to attend school or to go home, without a school following the formal exclusion mechanism, for example, by sending a pupil home for a short ‘cooling off period.’ Schools will usually say these exclusions are not formal, to avoid an exclusion being on the child’s record. However, these exclusions are always unlawful. As all children are entitled to a full-time education, the imposition of part-time timetables are also unlawful, except in exceptional circumstances (for example, for medical reasons, where the school will then record the part-time absence as an authorised absence). 

The link between school exclusions and special educational needs or disability (SEND) in children and young people is well documented. A recent report by children’s charity Chance UK highlights the startling figure that 97% of those excluded at Primary school had a special educational need or disability. Furthermore, official DfE figures demonstrate the following worrying correlations between SEND and expulsions:

• Fixed Term exclusions:
• Pupils with SEN, without an Education, Health and Care Plan (EHCP) – 24.42%
• Pupils with an EHCP – 21.60%
• Pupils with no SEN – 6.38%
• Permanent Exclusions:
• Pupils with SEN, without an EHCP - 0.37%
• Pupils with an EHCP – 0.20%
• Pupils with no SEN - 0.07%

Here at HCB, our Special Education Law Solicitors are experts in guiding you through the appeals process. We have previously published guidance on School Exclusion Appeals, discussing the power of head teachers to exclude a pupil if their behaviour is inconsistent with the general standard of conduct that is expected of students, and the rights of parents and pupils to appeal these decisions.

If you believe that your child has been excluded because the school failed to provide adequate support in light of their SEN which led to the exclusion, and these factors were not considered or any steps taken to support your child’s special needs, then you could have a good case for an appeal against the decision to exclude them. If your child has been excluded from school for such a reason then you could also have grounds for bringing a Disability Discrimination case against the school in relation to the Equality Act 2010 legislation. These cases are dealt with by the First-tier Tribunal (Special Educational Needs and Disability Tribunal) and The Education Tribunal for Wales. HCB Solicitors have assisted a number of families in such circumstances with great success.

If you have any questions regarding your child’s expulsion and what avenues for relief may be available to you, then please do not hesitate to call our Special Education Law Solicitors on 0333 320 271 75 or send us an email at education@hcbgroup.com