Children and young people with SEND are much more likely to be excluded from school than their classmates.
However, some schools also use informal or unofficial exclusions, such as sending pupils home to cool off without notification. These are all unlawful, even if parents or carers agree. Unlawfully excluding a pupil with a disability may count as disability discrimination under the Equality Act 2010.
Challenge
Pupils can only be excluded for disciplinary reasons. In other words, they can’t be excluded because a school, pupil referral unit (PRU) or an academy is unable to meet their needs. Nor can they be excluded for something that their parents did, or failed to do.
Solution
First, you can appeal to your school’s governing body. If that appeal fails, and your child is permanently excluded, you can make another appeal to an Independent Review Panel. If your child has been excluded, don’t despair, you still have options.
