If your child has been permanently excluded from school, it can feel overwhelming. You want what’s best for them, and that includes keeping them in stable education despite their current school not aligning to them. Understanding what happens next, what your rights are, and what options are available to your child is the first step forward.
What is permanent exclusion?
Permanent exclusion means a child is removed from the school roll entirely and is no longer allowed to attend that school. It is sometimes referred to as expulsion. The decision can be made by a headteacher, and in response to a serious or persistent breach of the school’s behaviour policy whereby allowing the child to remain would impact the education or welfare of others.
It’s important to know that permanent exclusion cannot lawfully be used as a response to a child’s disability, additional needs or academic ability. The decision must be lawful, reasonable, proportionate, and fair.
What happens immediately after a permanent exclusion?
The school must notify parents immediately, usually by phone, followed up with a formal letter or in some cases an email. That letter must include the reason for the exclusion, confirmation that it is permanent, and information about your right to challenge the decision.
For the first five school days, it is the parent’s legal responsibility to ensure their child is not in a public place during normal school hours. Failure to do so can result in a fixed penalty notice or prosecution.
From the sixth school day onwards, the local authority is legally required to arrange suitable full-time alternative education for your child.
Can you challenge a permanent exclusion?
Yes, and it’s worth understanding the process clearly.
Governing body review: You have the right to make representations to the school’s governing body, who must consider whether to reinstate your child within 15 school days of receiving notice of the exclusion. They will invite you, the headteacher, and a local authority representative to a meeting, and must give all parties written evidence at least five school days in advance.
Independent Review Panel (IRP): If the governing body upholds the exclusion, you can apply for an Independent Review Panel within 15 school days of that decision. The IRP can uphold the exclusion, recommend the governing body reconsiders, or quash the decision entirely. You also have the right to request a SEN expert attend, regardless of whether the school formally recognises your child’s additional needs.
Equality Act claims: If you believe the exclusion involved disability discrimination, you can make a separate claim to the First-tier SEND Tribunal within six months of the exclusion.
What about children with SEND or an EHCP?
Schools are expected to go further to support children with special educational needs before reaching the decision to permanently exclude. Wherever possible, headteachers should avoid permanently excluding any child with an EHCP or a looked-after child, and should explore additional support, alternative placements, or early reviews of the child’s plan first.
If your child has an EHCP and is permanently excluded, the local authority may need to review or reassess the plan to identify a suitable new placement. Make sure you are involved in that process and that your child’s needs are clearly communicated.
What are the education options afterwards?
Once the local authority takes responsibility from day six, a number of alternative education routes may be considered.
- Pupil Referral Unit (PRU): A PRU is a type of school specifically set up to educate children who cannot attend mainstream school. They offer structured support but vary in quality and availability by area.
- Alternative Provision: The local authority may arrange other forms of full-time education, such as a specialist setting, another mainstream school, or a managed move to a new school for a fresh start.
- Managed moves: With the consent of all parties, a child can transfer to a new school rather than face formal exclusion.
- Online schooling: For some families, online schooling offers a flexible, structured, and supportive alternative, either as a short-term bridge while a permanent placement is arranged, or as a longer-term solution. At TLC LIVE Online School, small class sizes, qualified teachers, and strong pastoral care make it a particularly strong option for students who need a calmer, more adaptable learning environment to rebuild confidence. We have dedicated blogs on how online schooling can support students experiencing EBSA and other barriers to mainstream education.
What if no alternative education is arranged?
If suitable education is not in place by day six, you can contact the local authority for further support. If you’re not satisfied with their response, you can escalate to the Department for Education. Keep records of all communications and always follow the formal complaints procedure before escalating, as this will be required if you need to take things further.
Final thoughts
Permanent exclusion is serious, but it is not the end of the road. Parents have clear legal rights at every stage of the process, from challenging the decision to ensuring their child receives suitable education while things are resolved.
If your child is going through this, the most important things are to act quickly, understand your rights, and explore all the options available so that their education continues with as little disruption as possible.
At TLC LIVE Online School, we support students who’ve found mainstream settings challenging, providing a structured, nurturing environment where they can make real progress. If you’d like to find out more about how we could help your child, get in touch with our team today.