Can my SEND child be excluded from school?

The rule

Schools can lawfully exclude a SEND child for serious or persistent breaches of the behaviour policy. SEND does not give automatic immunity from exclusion. But the Equality Act 2010 imposes two duties that change the picture:

• The reasonable adjustments duty (s.20). Schools must make reasonable adjustments to avoid putting disabled pupils at a substantial disadvantage. Excluding a child whose behaviour is a feature of their disability, without first making adjustments, is unlawful.
• The disability discrimination duty. Treating a disabled pupil less favourably than other pupils because of behaviour caused by their disability is unlawful unless the school can show the treatment was a proportionate means of achieving a legitimate aim.

The DfE Suspension and Permanent Exclusion guidance is explicit that headteachers must consider, before excluding, whether the behaviour relates to the child's disability and what adjustments have been tried.

When an exclusion is likely unlawful

• The behaviour is a known feature of your child's disability (e.g. meltdowns when sensory-overloaded, dysregulation linked to demand avoidance).
• The school had not put the reasonable adjustments recommended in the EHCP (or by an EP / OT / SaLT) into practice before excluding.
• The exclusion was for cumulative low-level behaviour with no formal SEN support plan in place.
• Your child has an EHCP and the school excluded without calling the emergency annual review the guidance requires following permanent exclusion.

SEND children are around four times more likely to receive a permanent exclusion than their non-SEND peers (DfE data). That disparity is part of why the Equality Act protections matter operationally, not just legally.

The routes if you disagree

1. For any exclusion (suspension or permanent): you have the right to make representations to the governing board within set timeframes. For permanent exclusions, the board must meet and review.
2. For permanent exclusions upheld by the governing board: you can ask for an Independent Review Panel (IRP). The IRP can't reinstate but can direct the governors to reconsider.
3. For disability-discrimination claims: you can bring a claim to the First-tier Tribunal (Special Educational Needs and Disability), separately from the governing-body route. The Tribunal can order reinstatement and a written apology.

The discrimination claim is the strongest route where the behaviour clearly stems from the disability and the school had not made reasonable adjustments. Disability discrimination claims have a 6-month time limit from the date of the exclusion.

This page is general information, not clinical or legal advice.