A school cannot send a pupil home to 'cool off'; this is an informal or unofficial exclusion. This is unlawful when the formal exclusions process is not followed.
What is a school exclusion
There are two types of school exclusion. A pupil can be suspended from school or permanently excluded.
The headteacher can suspend or permanently exclude a child on disciplinary grounds; in response to a pupil's unacceptable behaviour that breaks the rules, in or outside of school.
When a pupil is suspended or permanently excluded, their parent/carer should be notified in writing. The school should also notify the local authority. If the pupil has a social worker, they should also notify the social worker and - where applicable - the Virtual School.
What is a suspension (previously known as a fixed term exclusion)
A suspension is where a pupil is temporarily unable to attend the school site or provision, but is still on the school register. The school should inform their parent/ carer and the local authority, plus - where applicable - their social worker and/ or the Virtual School of the specific dates of the suspension.
A suspension can start immediately, on the same school day as the misbehaviour occurred, or on another school day. For example, they may be suspended from the school premises during the lunchtime period. A lunchtime suspension is counted as half a school day.
A pupil may be suspended for one or more fixed periods. The Department for Education Suspension and Permanent Exclusion Guidance (August 2024) states that 45 school days is the maximum number of suspension days permitted in a single academic year.
During a suspension, the headteacher should take steps to ensure that work is set and marked for the pupil during the first five school days of a suspension and arrange a suitable education from the sixth day.
If a parent/carer wants to challenge a suspension they can ask to make representations to the governing board, if the pupil has been suspended for five or more days in a term.
When a pupil returns to school, the school should explain to their parent/ carer how the pupil will be supported to manage their behaviour. It is unlawful to make these meetings a requirement for a pupil to return to school.
What is a permanent exclusion
A permanent exclusion is when a pupil is no longer allowed to attend the school site but is still on the school register.
The law does not allow for extending a suspension or 'converting' a suspension into a permanent exclusion. In exceptional cases - usually when further evidence has come to light - a further suspension may be issued, to begin immediately after the first suspension ends; or a permanent exclusion may be issued to begin immediately after the end of the suspension.
When a headteacher issues a permanent exclusion, for the first five school days of the permanent exclusion the school is responsible for their education. On the sixth day, their education becomes the responsibility of the local authority. In Leeds, the Area Inclusion Partnership (AIP) is responsible for providing this duty.
Pupils with special educational needs and disabilities (SEND) and Education, Health and Care Plans (EHCPs)
The law does not prevent a pupil with SEND or an EHCP from receiving a sanction, but the Equality Act 2010 requires schools to make reasonable adjustments for pupils with additional needs. It would be unlawful for a school to exclude a pupil with SEND if the school feels they are unable to meet their needs.
Where a school has concerns about the behaviour of a pupil with additional needs, who may also be at risk of suspension or permanent exclusion, the school should - in partnership with others - consider what additional support or alternative provision may be required.
Children with a social worker and children looked after or children previously looked after
When a pupil has a social worker or is a child looked after, the social worker and Virtual School (where applicable) should be notified of all exclusions and automatically invited to all exclusions meetings where a governing board has to legally convene.
Where a pupil has previously been a child looked after and is at risk of being suspended or permanently excluded, the school's Designated Teacher for Children Looked After and their parents should work in partnership to support the pupil. The school may also seek advice from the Virtual School for strategies.
More information
For further information about exclusions, please email the exclusions team: exclusions@leeds.gov.uk.
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