Exclusion of a Child with SEN: Commonly Asked Questions

What should we do where a child with an EHCP is creating behavioural challenges?

Where a school has concerns about the behaviour, or risk of suspension and permanent exclusion, of a pupil with SEN, a disability or an EHC plan it should, in partnership with others (including where relevant, the local authority), consider what additional support or alternative placement may be required. This should involve assessing the suitability of provision for a pupil’s SEN or disability.

Where a pupil has an EHCP is displaying behavioural concerns, the school is expected to contact the local authority at an early stage to discuss those concerns, and consider requesting an early annual review. These steps should usually be taken prior to making the decision to suspend or permanently exclude the child.

If the child has SEN but does not have an EHCP the school should review whether the existing support arrangements are appropriate and what changes may be required. It may be helpful and appropriate to include external specialists in these considerations. It may also be the turning point for schools to request an EHC assessment.

Can we send a child with SEN home to ‘cool off’?

An informal or unofficial exclusion, such as sending a pupil home ‘to cool off’, will be an unlawful suspension if the school’s exclusion process has not been followed. This is the case even if the parents agree to the child being sent home to cool off. Schools also need to conscious that it is unlawful to exclude a pupil simply because they have SEN or a disability that the school feels it is unable to meet.

Where a child is suspended, how does their SEN impact the provision during their period of suspension?

Headteachers will be aware that, during a suspension, the pupil must still receive their education. Work should be set and marked during the first 5 school days of a suspension. In terms of a child’s SEN, schools should be aware that their legal duties, for example to make reasonable adjustments, remain in force during this period.

How should the governing board consider SEN when considering reinstatement?

When it is considering reinstatement of a child with SEN, the governing board must in advance of the meeting ask for information relating to the pupil’s SEN.

In the case of a permanent exclusion where the governing board decides not to reinstate the pupil, the governing board’s notification must include information in respect of how the pupil’s SEN is considered to be relevant to the permanent exclusion and that, regardless of whether the permanently excluded pupil has recognised SEN, parents have a right to require the appointment a SEN expert to advise the review panel.

Supporting your school

It is vital that schools comply with statutory requirements to support children with SEN when putting in place their Behaviour and Exclusions policies, and when implementing a suspension or exclusion. Our Behaviour and Exclusions school support package has been prepared to ensure that your school’s policies and procedures comply with the Department for Education’s requirements, whilst offering robust protections for your school. Get in touch if you would like to find out more about how we can support you.