Headteachers can exclude your child if they misbehave in or outside school. What happens when your child is excluded Your child’s school will let you know about an exclusion as soon as possible. They’ll follow up with a letter telling you how long your child is excluded for and why. You should also be told how to challenge the exclusion , if you want to. Exclusions can start on the same day but the school should not make you collect your child straight away. What you need to do For the first 5 school days of an exclusion, it’s your responsibility to make sure your child is not in a public place during normal school hours unless there’s a good reason. You might be prosecuted if your child is found in a public place when they’re not supposed to be. Types of exclusion There are 2 types of exclusion: suspension (sometimes referred to as fixed-term or fixed-period exclusion) permanent exclusion (sometimes called expulsion) Suspension A suspension is when your child is removed temporarily from school. They can only be removed for up to 45 school days in one school year, even if they’ve changed schools. If a child has been suspended for a fixed period, schools should set and mark work for the first 5 school days. If the suspension is longer than 5 school days, the school must arrange suitable full-time education from the sixth school day, for example, at a pupil referral unit. Permanent exclusion Permanent exclusion means your child is no longer allowed to attend a school. Your local council must arrange full-time education from the sixth school day. Alternative education and exclusion The school or local council must tell you about any alternative education they arrange. It’s your responsibility to make sure your child attends. Making a complaint If alternative education is not arranged within 5 days, or you’re not happy with the education, you can complain to: the school , for suspensions the local council , for permanent exclusions If you’re not happy with the response, you can complain to the Department for Education ( DfE ). You’ll need to show that you followed the school or council’s complaints procedure. Children with special educational needs or a disability Pupils with special educational needs (SEN) or a disability can be suspended or permanently excluded from school. Schools are not allowed to suspend or permanently exclude a pupil because they have a disability or additional needs the school cannot meet. Support and advice The following organisations can provide free advice and support about exclusions: Coram’s Child Law Advice service ACE education Independent Parental Special Education Advice your local Information, Advice and Support Service

Challenging exclusion

You’ll get a letter from the school telling you what to do if you disagree with the exclusion. You can ask the school’s governing board to overturn the exclusion if either: your child has been excluded for more than 5 days the exclusion means they’ll miss a public exam or national curriculum test If the exclusion is for 5 days or fewer, you can still ask the governors to hear your views but they cannot overturn the headteacher’s decision. Challenging permanent exclusion You’ll be invited to a review meeting with the school’s governors if your child has been permanently excluded. This will happen within 15 school days. If the governors do not overturn the exclusion, you can ask for an independent review by your local council (or academy trust if the school’s an academy). The governors must tell you how to do this. You can ask for a special educational needs (SEN) expert to attend if your child has SEN or you suspect they have SEN. You should include this in your application for an independent review. If your child is still excluded you can ask the Local Government Ombudsman (or the Department for Education if the school’s an academy or free school) to look at whether your case was handled properly. They cannot overturn the exclusion. Discrimination and other complaints You can make a claim to a court or a tribunal if you think your child’s been discriminated against . You need to do this within 6 months of the exclusion. You can make a claim to a first-tier tribunal if you believe your child’s been discriminated against because of a disability. Contact the Equality Advisory Support Service for help and advice. For more general complaints (for example, if you do not want to challenge the exclusion but you’re not happy with the way the school handled it), follow the normal school complaints process .

Searches for banned items

The school may search your child if they think your child has any banned items. The member of staff should always try to get your child’s cooperation before searching them. If your child does not cooperate, the staff member may still search them if there’s a risk of serious harm. Banned items include: weapons alcohol illegal drugs stolen goods tobacco products pornographic images fireworks anything that has been, or is likely to be, used to cause injury or commit an offence anything banned in the school rules What happens during a search Searches must always be carried out by someone of the same sex as your child. A witness should also be present unless there’s a risk of serious harm if the search is not carried out urgently. The search witness must also be the same sex as your child if possible. Your child must not be asked to remove clothes, other than outer clothing like a coat. Metal detectors Schools can make pupils go through a metal detector - they do not have to suspect that your child has a weapon. If your child refuses to go through the metal detector, they may be searched by a member of staff. Informing parents Parents should always be told about any search for a banned item and the outcome - including any sanctions. When an item can be confiscated A member of staff can confiscate an item if: it’s banned it poses a risk to any person it’s considered to be evidence relating to an offence School staff may also confiscate items as a sanction. Complaining about a search If you’re unhappy with a search on your child at school, talk to the headteacher. If you’re not satisfied, ask for a copy of the complaints procedure.

Behaviour in schools: sanctions and exclusions

School behaviour policy

Every school must publish a behaviour policy. It should be available on their website. If not, you can ask to see it. It explains:

the rules
what’s expected of pupils
what happens if they misbehave
what the school does to prevent bullying

It also covers misbehaviour outside of school. For example, misbehaviour when travelling to and from school.

You can ask the school for a copy of their behaviour policy document.

Sanctions

Schools can sanction (sometimes called punish) pupils if they misbehave.

Examples of sanctions include:

a verbal warning
a letter home
removal from a classroom
detention

Detention

Schools do not have to give notice to parents for after-school detention so long as the pupil can get home safely after. They should consider individual circumstances.

Mobile phones

Each school will have its own policy on mobile phones. Schools are allowed to stop pupils using their mobiles for all or part of the school day as part of their school rules.

Online behaviour

Schools may sanction pupils if their online behaviour is threatening or causes harm to another pupil. They may also sanction a pupil if their behaviour online impacts the school environment.

Use of reasonable force

School staff can use reasonable force if necessary to protect pupils or others from harm. They can also use it to stop pupils from causing damage or disruption.

Reasonable force includes physical restraint such as leading a pupil by the arm out of a classroom.

Complaining about a sanction

If you disagree with the way your child’s been sanctioned, first talk to the headteacher. If you’re not satisfied, ask for a copy of the complaints procedure.

View a printable version of the whole guide

Behaviour in schools: sanctions and exclusions

School behaviour policy

Sanctions

Detention

Mobile phones

Online behaviour

Use of reasonable force

Complaining about a sanction

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Behaviour in schools: sanctions and exclusions

School behaviour policy

Sanctions

Detention

Mobile phones

Online behaviour

Use of reasonable force

Complaining about a sanction

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