🐾 PAWSTEPS · SEN SUPPORT

Chapter 17 — Exclusions & Being Sent Home

Your child's rights around suspensions, exclusions and "informal" sending-home — and how to challenge it when it isn't lawful.

Being asked to keep your child home, or collect them early "to calm down", is one of the most stressful things a family can face — and it's often not done lawfully. Knowing the rules helps you push back calmly and effectively.

⚠️ General information for parents, not legal advice. Reflects the law and statutory guidance for England; check the current version. For personalised support, PawSteps is here to help.
1What counts as an exclusion or suspension?▸

Schools can suspend (fixed-term) or permanently exclude a pupil, but only the head teacher can decide it, only for disciplinary reasons, and it must be lawful, reasonable and fair — with a proper process and your right to make representations to the governing board.

The key point: any time your child is sent home or prevented from attending for behaviour reasons, it is a suspension or exclusion and must be formally recorded as one — with the reason and length given to you in writing.

2"Informal" exclusions are unlawful▸

If it isn't recorded, it's unlawful.

Schools sometimes ask you to collect your child early, keep them home for a "cooling-off" period, or say they "can't cope today". If this is happening because of behaviour and it isn't being recorded as a suspension, it's an unlawful ("informal" or "unofficial") exclusion. The same applies to a part-time timetable used to manage behaviour rather than as a short, agreed, reviewed step (see Chapter 1, Q14).

3Exclusions and disability discrimination▸

Under the Equality Act 2010, schools must make reasonable adjustments so a disabled child isn't put at a substantial disadvantage (see Chapter 1, Q16). Punishing or excluding a child for behaviour that is linked to their disability — without having made those adjustments — may be unlawful disability discrimination.

Your rightA claim of disability discrimination by a school can be made to the SEND First-tier Tribunal (generally within six months of the act complained of).
4What to do▸
  1. Document everything. Keep a dated log of every time your child is sent home, collected early or isolated, with the reason given, and save all emails.
  2. Ask for it in writing. If you're asked to collect your child, ask the school to confirm in writing whether it is being recorded as a suspension, and why.
  3. Check the adjustments. Ask what reasonable adjustments are in place for the behaviour they're concerned about.
  4. Escalate. Raise it with the SENCo and head teacher, then the governing board, using the school's complaints procedure if needed.
  5. Challenge if needed. You can make representations about a suspension/exclusion, and consider a disability-discrimination claim to the Tribunal (Chapter 4).

PawSteps can help you word the emails and work out your next step — you don't have to face this alone.