School Exclusions

Excluded doesn't mean finished. Challenge it.

If your child has been permanently excluded, the governing board must meet within 15 school days. That meeting is the one that can put your child back in school. Everything after it is harder.

Exclusions are frequently unlawful, disproportionate, or used as a shortcut where SEND support should have been in place. I challenge them, and I act only for parents, children and young people. Never for schools or local authorities.

Send me a WhatsApp message or call 07513 915226.

I do not hold a Civil Legal Aid Contract. For legal aid see gov.uk/civil-legal-advice.

Our son had been permanently excluded from school and we were dealing with a very short deadline for the school appeal... Within a matter of days, Keerat went through everything... The permanent exclusion was eventually overturned and our son was reinstated.

Elliot K.

How long do I have to appeal a school exclusion?

Fifteen school days, twice over.

• Permanent exclusion: the governing board must meet to consider reinstatement within 15 school days of being notified.
• If the board upholds it: you have 15 school days from the decision letter to request an Independent Review Panel.

School days, not calendar days, so holidays do not count. These deadlines are strict. Parents most often come to me in week four, when the strongest opportunity has already gone.

Can a permanent exclusion be overturned?

Yes. The governing board can reinstate your child. An Independent Review Panel cannot.

This is the single most misunderstood part of the process. The three bodies have very different powers:

• The governing board can direct that your child is reinstated. This is your best opportunity and it deserves proper preparation.
• An Independent Review Panel can uphold the decision, recommend the board reconsiders, or quash the decision and direct a fresh review. It cannot put your child back in school itself.
• The SEND Tribunal can order reinstatement where the exclusion amounted to disability discrimination.

The headteacher can also cancel an exclusion at any point before the board's meeting begins. It is always worth asking.

What if my child has SEND or a disability?

This is where most exclusions are successfully challenged.

The questions are whether the behaviour was connected to your child's needs, whether the support that was supposed to be in place was actually being delivered, and whether the school made reasonable adjustments. Where it did not, the exclusion may be unlawful discrimination under the Equality Act 2010.

• You can ask for a SEN expert to advise the Independent Review Panel, at no cost to you. Ask even if your child has no diagnosis or EHC plan.
• A disability discrimination claim can be brought in the SEND Tribunal, normally within six months. Unlike a review panel, the Tribunal can order reinstatement.
• An exclusion is often the moment to request an EHC needs assessment, where support has plainly not been enough.

What is an unofficial or unlawful exclusion?

If your child is out of school and you have nothing in writing, it is not a lawful exclusion.

Being sent home to cool off, asked to stay at home while the school investigates, placed on a reduced timetable indefinitely, or pressed into a managed move to avoid a permanent exclusion on the record: none of these has any legal status. Ask the school to confirm in writing what it is and on what grounds.

What education should my child be getting?

• The school must set work for the first five school days.
• After a permanent exclusion, your local authority must arrange full-time education from the sixth school day.

Where that is not happening, the local authority is in breach of its duties and can be challenged.

What should I do this week?

1. Ask for the exclusion letter, the reasons and the evidence relied on, in writing.
2. Request your child's school file, including behaviour records, incident logs and SEND paperwork. You are entitled to it.
3. Write your representations to the governing board and say you want to attend. You may bring someone with you.
4. Ask for a remote meeting if attending is difficult. This normally only happens if you ask.
5. Get advice before agreeing to anything, particularly a managed move.

How I work

I am a senior solicitor with over 21 years in education law, regulated by the Solicitors Regulation Authority (SRA No. 337512). I act for parents and students across England, at fixed fees agreed in advance, and I represent clients at governing board meetings, independent review panels and the SEND Tribunal.

If your child has been excluded, the sooner you call the more can be done.

Send me a WhatsApp message  |  07513 915226  |  Free assessment

This page is general information about the law in England, not legal advice about your child's case. It reflects the statutory guidance in force from 26 July 2026. The rules differ in Wales, Scotland and Northern Ireland, and this page does not cover independent schools, where different rules apply.