What adjustments must we make before excluding a SEND pupil?

The duty in one sentence

Before excluding a SEND pupil, schools must make reasonable adjustments, check the behaviour is not a manifestation of disability, and confirm SEN support was in place — exclusion is a last resort (DfE, 2024). That duty sits in the Equality Act 2010, and it turns on whether the pupil is disabled or has identified SEN, not on whether there is a formal diagnosis or an EHC plan. The reasonable adjustment duty applies to the disciplinary sanction itself, so a behaviour policy applied without differentiation that puts a disabled pupil at a substantial disadvantage can make the exclusion unlawful.

The concrete steps the statutory guidance expects

The Department for Education's statutory guidance on suspension and permanent exclusion, which applies to exclusions on or after 1 September 2024, names specific actions — not vague good practice. Most pages miss them.

• Adjust the sanction, not just the support. Check that reasonable adjustments to your behaviour policy have been made so the response is proportionate for this pupil (para 54).
• Work in partnership, including with the local authority. Where there are concerns, consider what additional support or an alternative placement may be needed, and assess whether the provision matches the pupil's need (para 56).
• For a pupil with an EHC plan (Education, Health and Care plan), contact the local authority early and consider requesting an early or emergency annual review before you decide (para 57).
• For SEN without an EHC plan, review support with external specialists and consider requesting an EHC needs assessment (para 57).

Why this is the part that matters

The early annual review is the step schools most often skip, and it is the one a tribunal will look for. It is concrete and time-bound: you are asking the local authority to bring the review forward so provision can be changed before, not after, a child is removed. It is also unlawful to exclude simply because the school feels it cannot meet a pupil's SEN or disability. A decision to exclude can be discrimination arising from disability where the behaviour arose from the disability and the school cannot show the exclusion was a proportionate way to achieve a legitimate aim. That is the test the discrimination duty in exclusions rests on, and it can be challenged at the First-tier Tribunal (SEND).

None of this means an incident is never serious enough to act on. It means the question is not only “what did the pupil do?” but “what had we put in place, and was the sanction adjusted for a disabled child?” If a pupil or others are in immediate danger, deal with the safety risk first; the reasonable-adjustment record is what makes the later decision defensible, not a reason to leave anyone at risk.

This page is general information, not clinical or legal advice.

This page is general information, not clinical or legal advice.