Skip to page content
Reading options

Preferences are remembered only in this browser. All guidance and controls remain available.

← Back to home

School Suspension and Permanent Exclusion: SEND Rights

The Department for Education publishes statutory guidance on suspension and permanent exclusion in maintained schools, academies and pupil referral units. The current version is effective from 26 July 2026 and reflects technical legislative changes, including off-site direction. The core exclusion and SEND duties below remain the practical starting point.

Permanent exclusion should be a last resort. A suspension can still be used when other approaches have not worked. For SEND families, three things matter most:

  1. Equality and SEND duties still apply. A decision must be lawful, reasonable, fair and proportionate. Schools must avoid disability discrimination and make reasonable adjustments where required. Governing boards must also comply with their SEND duties when administering the process.
  2. Off-site direction is different from exclusion. From 26 July 2026, academies and pupil referral units are covered by the amended off-site-direction rules. Parents must receive written information and be invited to review meetings under the timetable in the regulations.
  3. Any separate safeguarding arrangement needs careful review. The current guidance tells governing boards to monitor arrangements that keep pupils apart for safeguarding purposes. It does not create a general new power or remove the school’s equality, SEND, education and safeguarding duties.

If you receive a suspension or permanent-exclusion letter:

  • Ask for the decision in writing with reasons.
  • Ask what reasonable adjustments were considered and what SEND support was in place.
  • Make written representations to the governing board. The type and timing of a meeting depends on the exclusion: the board must decide on reinstatement for every permanent exclusion, for suspensions taking the term total above 15 school days, and where a public examination or national curriculum test would be missed. For a total above 5 but no more than 15 days, it must meet and decide if a parent makes representations. At 5 days or fewer, it must consider representations but need not hold a meeting and cannot direct reinstatement.
  • Contact IPSEA's Call-in Helpline (0300 222 5899; current times at ipsea.org.uk/call-in-helpline) or SOS!SEN (020 8538 3731) for advice.

An Independent Review Panel is available after a governing board upholds a permanent exclusion. It is not the next stage for an ordinary suspension. Read the current statutory guidance and review process on GOV.UK.