What is an illegal exclusion?

An illegal exclusion is any time a school sends your child home, bars them, or cuts their hours outside the two lawful routes - suspension or permanent exclusion - even if you agreed to it.

The two lawful types of exclusion

In England there are only two legal forms of exclusion, and both have to follow a formal written process. A suspension (sometimes still called a fixed-period exclusion) removes your child for a set number of school days. A permanent exclusion removes them for good. Either way, the headteacher must put the decision in writing, give the reason, record it, and tell you your right to make representations to the governing board. This sits in the Department for Education's statutory exclusion guidance, which was updated in August 2024 and applies to exclusions on or after 1 September 2024.

What counts as an illegal exclusion

Anything that keeps your child out of school but skips that formal process is unlawful. The guidance is explicit that an informal exclusion is unlawful regardless of whether you agreed to it - you cannot sign away your child's legal protection. Common examples include:

• being phoned and asked to collect your child early, or to keep them home, “to cool off” or while everyone calms down.
• being told to keep your child home until a meeting can be arranged, with no formal suspension letter.
• a part-time or reduced timetable used to manage behaviour - the guidance says a reduced timetable must not be used to manage a pupil's behaviour.
• excluding a child because the school feels it cannot meet their special educational needs or disability, or for reasons such as academic ability or attainment, or for failing to meet conditions before being let back in.

Where an unlawful exclusion ends with your child's name being taken off the school register, that is the related practice known as off-rolling.

Why this matters for you

Your child has a right to be in school, and an illegal exclusion leaves them out of education without any of the safeguards a formal exclusion carries - no written reasons, no right to put your case to governors, no review. A child kept out of school unlawfully can also be a welfare concern, which is why schools have a safeguarding duty here too. If your child is disabled under the Equality Act 2010 - and that does not require a formal diagnosis - the same conduct can also be unlawful disability discrimination. As IPSEA explains, where a disabled pupil is excluded, formally or informally, it may amount to discrimination, and that claim goes to the SEND First-tier Tribunal with a strict six-month time limit from the discriminatory act.

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