Excluded from school in England: the deadlines and who to complain to

Being excluded from school in England is not a conversation, it is a procedure — with fixed deadlines, duties on the school and a right of challenge for the parent. Here is the order of events: the two kinds of exclusion, who has to keep teaching your child, which days matter and where to complain.

What kinds of exclusion are there?

Two. A suspension, also called a fixed-term or fixed-period exclusion. And a permanent exclusion, sometimes called expulsion. The headteacher decides, and the behaviour can be inside or outside school.

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The school must tell you about an exclusion as soon as possible and follow up with a letter saying how long your child is excluded for, why, and how to challenge it. An exclusion can start the same day, but the school should not make you collect your child straight away.

How many days can a suspension last?

No more than 45 school days in one school year in total, even if your child has changed schools in between. For the first 5 school days the school should set and mark work. If the suspension runs longer than 5 school days, the school must arrange suitable full-time education from the sixth school day — at a pupil referral unit, for example.

After a permanent exclusion, it is your local council that must arrange full-time education from the sixth school day.

What is the parent responsible for?

For the first 5 school days of an exclusion, it is your responsibility to make sure your child is not in a public place during normal school hours without good reason. You might be prosecuted if they are. Once alternative education is arranged, the school or council must tell you about it, and it is your responsibility to make sure your child attends.

What if no education is arranged?

If alternative education is not arranged within 5 days, or you are not happy with it, complain to the school for a suspension and to the local council for a permanent exclusion. If the answer does not satisfy you, the next step is the Department for Education, which will expect you to show you followed the school's or council's own complaints procedure first.

How do you challenge the exclusion itself?

You can ask the school's governing board to overturn it if either your child has been excluded for more than 5 days, or the exclusion means they will miss a public exam or national curriculum test. For 5 days or fewer, the governors must still hear your views but cannot overturn the headteacher's decision.

After a permanent exclusion you will be invited to a review meeting with the governors, and it must 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 by the academy trust if the school is an academy. The governors must tell you how to do this. If your child has special educational needs, or you suspect they do, you can ask for a SEN expert to attend, and you should say so in your application.

If your child is still excluded, you can ask the Local Government Ombudsman — or the Department for Education for an academy or free school — to look at whether the case was handled properly. They cannot overturn the exclusion.

What if it is discrimination?

That is a separate route with its own clock. A claim to a court or tribunal over discrimination must be made within 6 months of the exclusion. If you believe your child was discriminated against because of a disability, the claim goes to a first-tier tribunal. The Equality Advisory Support Service gives help and advice.

GOV.UK is explicit that pupils with special educational needs or a disability can be suspended or permanently excluded — but schools are not allowed to do so because of a disability, or because of additional needs the school cannot meet.

Where can you get free advice?

GOV.UK names four: Coram's Child Law Advice service, ACE education, Independent Parental Special Education Advice, and your local Information, Advice and Support Service. All give free advice on exclusions.