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Exclusions and Suspensions are a period of time that a child or young person is removed from their educational setting, even if they staying on site during their suspension.

Only the head teacher of a school (or the teacher in charge of a pupil referral unit or the principal of an academy) can exclude a pupil. There are only two types of exclusion from a school which are lawful: permanent and fixed-period.

This means that legally a pupil is either in school full-time or they are excluded from school. They can be excluded for a fixed term (for a specific number of school days) or permanently excluded. Any exclusion of a pupil, even for a short period of time, must be formally and accurately recorded.

Pupils can only be excluded for disciplinary reasons: they cannot be excluded because a school, pupil referral unit (PRU) or academy cannot meet their needs or for something which their parents did or did not do.

‘Informal’ or ‘unofficial’ exclusions, such as sending a pupil home to cool off or the school putting a pupil on a ‘part-time timetable’, are all unlawful regardless of whether they occur with the agreement of parents or carers. See what steps the school has to take in order for the exclusion to be lawful. Too many children and young people with SEN and disabilities are excluded illegally.

Unlawful exclusion of a pupil with a disability may amount to disability discrimination under the Equality Act 2010.

Information provided by IPSEA.org.uk. ASD Helping Hands is not responsible for information or advise not contained with in our webpages