Explain

Suspensions and exclusions

A head teacher can suspend a pupil for a fixed period or permanently exclude them. The governing board must consider some exclusions. The parent (or a pupil aged 18 or over) can put their views to the board. After a permanent exclusion, they can ask for an independent review panel, with a SEN expert if they ask, whether or not the pupil has an EHC plan. A disability discrimination claim about an exclusion can go to the SEND Tribunal. The plan stays in place, and the council still has to secure its provision.

If a pupil of compulsory school age is suspended for more than 5 school days in a row, the governing board must arrange suitable full-time education from the sixth school day. For an academy, the academy trust does this. Suspensions that follow straight on from each other count together. For a pupil referral unit, the council does this. After a permanent exclusion, the council must arrange suitable full-time education from the sixth school day after the exclusion took place. There are exceptions, such as a Year 11 pupil who has already taken, or missed, all the public examinations they were entered for. The school's duty during a suspension applies at maintained schools and academies. At other schools, the council's duty to arrange suitable education for a child of compulsory school age who would otherwise not get it, because of exclusion or another reason, can apply.

Type of rule

Law (Act or Regulations)

Rule id

exclusions

Rules version

england-2026.10

Law as at

30 September 2026

Sources

• Education Act 2002, s 51ALaw (Act or Regulations)
• School Discipline (Pupil Exclusions and Reviews) (England) Regulations 2012, reg 6Law (Act or Regulations)
• School Discipline (Pupil Exclusions and Reviews) (England) Regulations 2012, reg 7(1)(b) and (3)Law (Act or Regulations)
• School Discipline (Pupil Exclusions and Reviews) (England) Regulations 2012, Sch 1 para 2(1)Law (Act or Regulations)
• School Discipline (Pupil Exclusions and Reviews) (England) Regulations 2012, reg 2(1)Law (Act or Regulations)
• Equality Act 2010, s 85Law (Act or Regulations)
• Children and Families Act 2014, s 42(2)Law (Act or Regulations)
• Education Act 1996, s 19Law (Act or Regulations)
• Education and Inspections Act 2006, s 100Law (Act or Regulations), to verifyStill to confirm against s 111, not yet read, which schools are a "relevant school" for s 100: maintained schools and academies are inferred from s 100(1) and (5); whether a non-maintained special school is one has not been checked.
• Education (Provision of Full-Time Education for Excluded Pupils) (England) Regulations 2007, reg 3Law (Act or Regulations)
• Education (Provision of Full-Time Education for Excluded Pupils) (England) Regulations 2007, reg 4Law (Act or Regulations)
• Education (Provision of Full-Time Education for Excluded Pupils) (England) Regulations 2007, reg 5Law (Act or Regulations)

Related

• Disability discrimination claim against a school
• Education for children out of school (Education Act 1996, section 19)
• The council's duty to secure the provision (section 42)
• Early review

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