Definition
A suspension is a time-limited removal of a pupil from school, formerly called a fixed-term exclusion. Renamed in the DfE Statutory Exclusion Guidance 2023, it is governed by section 51A of the Education Act 2002. Parents have a right to make written representations to the governing board, and where the suspension exceeds five days schools must arrange education from the sixth day.
In context for parents
Key checkpoints
- A suspension (formerly "fixed-term exclusion") is a time-limited removal of a pupil from school.
- Governed by section 51A of the Education Act 2002 and the DfE Statutory Exclusion Guidance (2023).
- Maximum 45 school days in any school year; from day 6, the school's LA must arrange alternative education.
- For a disabled pupil, suspension for behaviour arising from disability may be unlawful disability discrimination under s.15 Equality Act 2010.
- Parents can request a governors' board review and (where total exceeds 15 days in a term) a governors' meeting; SEND Tribunal disability discrimination route has a six-month limit.
The 2023 DfE Statutory Exclusion Guidance is the working document for all exclusion decisions. A suspension can only be issued by the headteacher (not delegated below), on disciplinary grounds, and where in the head's opinion it is justified. The maximum permitted total is 45 school days in any school year. Suspensions of more than 5 school days trigger a duty on the school's local authority to arrange alternative full-time education from the sixth day.
For a child with SEND, two legal frames apply alongside the exclusion guidance:
- The Equality Act 2010: a suspension of a disabled pupil for behaviour that arises from their disability may be unlawful disability discrimination under section 15.
- The SEND Code of Practice (6.83): schools should consider whether the child's needs are being met and whether the EHCP (if there is one) requires amendment.
In a Year 5 classroom, a pattern of repeated short suspensions is almost always a sign of unmet SEND need. The Timpson Review (2019) found that pupils with SEND account for around half of all suspensions in England, with autistic pupils, pupils with SEMH, and pupils with co-occurring needs hugely over-represented. The cycle repeats: incident, suspension, return without changes, another incident.
Parental representations to the governing board are a statutory right. The board must convene a review meeting on request where the suspension would result in the pupil missing a public exam, or where the total exceeds 15 days in a term. Parents can challenge under the Equality Act at SENDIST within six months.
Related terms
The terms parents most often see alongside Suspension.
Permanent Exclusion
The headteacher's decision to permanently remove a pupil from a school. Parents have rights to a governors' review and, where disability is a factor, the SEND Tribunal or independent review panel.
Off-Rolling
The unlawful or unethical practice of removing a pupil from the school roll in the school's interests rather than the child's, for example by pressuring parents to home educate.
Disability Discrimination
Unlawful treatment of a disabled child under the Equality Act 2010, including failure to make reasonable adjustments. Claims against schools are heard by the SEND Tribunal.
Where parents ask about this
Parents usually find this page after a suspension letter has arrived, often the same day, with limited time to respond before the child is back in school under the same conditions that triggered the incident. Searches include "fixed-term exclusion appeal", "suspension disability discrimination", and "school keeps suspending my child with SEND". A Beaakon SEND solicitor or advocate can draft the parental representations within 24 hours, challenge unlawful suspensions under the Equality Act, and where the picture warrants it, request an EHC needs assessment.
References
The primary legislation, statutory guidance, research, and clinical tools this page draws on.
- Education Act 2002, section 51A
- DfE (2023, statutory): Suspension and Permanent Exclusion from maintained schools, academies and pupil referral units in England
- Equality Act 2010, section 15; Schedule 17
- Timpson Review (2019): Review of School Exclusion
- SEND Code of Practice (DfE / DoH 2015), paragraph 6.83