What to do if you disagree with a suspension

Formal meetings about your child's suspension

If you disagree with the decision to suspend your child from school, your options include:

  • requesting an appointment with the headteacher to discuss your concerns and to ask them to reconsider the suspension
  • asking the school governors to review the decision

The actions of the governing board depends on how long your child has been suspended.

0.5 to 5 days of suspension total in a term

The governing board must consider any representations made by parents.

There is no deadline for this meeting to be arranged; however if this does occur then it should happen within a reasonable amount of time.

The governing board must consider any representation made by parents but it cannot direct reinstatement and is not required to arrange a meeting with parents.

5.5 – 15 days of suspension total in a term

Governors must hold a formal GDC if you ask for one.

Governors have 50 school days to hold this review.

15.5+ days of suspension total in a term

Governors must hold a review within 15 school days of the date of the suspension which pushes the total to 15.5 days or more.

Ask governors to review an exclusion

In either case, you should prepare what you want to say. You will have to write down your views on the suspension if you are not entitled to a formal meeting.

If you go to a meeting with the headteacher or with governors, you might find it helpful to write down your views about the suspension. You can send this in writing before the meeting or take it with you to the meeting and read it out.

Who should attend the meeting

You should attend a formal meeting if one takes place to show support for your child.

It is up to you whether your child goes to the meeting and if so what part they will play, for example, if they are willing/able to answer questions or make a statement on their own behalf to governors. They do not have to speak at the meeting if they do not want to, nor do they have to sit through the whole meeting.

If you or your child become upset during the meeting, you can ask for a short break.

Before the meeting takes place

You may want to consider the following points when preparing what you want to say at the meeting.

You may also find it useful to put it in writing before the meeting takes place.

Points to consider

What does your child say about the suspension?

Talk to your child as soon as possible and take down what they say, in their own words. If you need more details, ask questions such as:

  • where were you when the incident happened?
  • what led up to you doing what you did?
  • who else was involved?
  • who else saw what happened?
  • what did the teacher(s) say?

Was this a serious breach of the school’s behaviour/discipline policy?

If you don't think it was, explain why.

Your child's view on the incident is very important, and your child should have been given the chance to write an account of what happened before the headteacher made the decision to exclude them.

Your child may want to use this as a chance to apologise. They could do so in writing before the meeting. Otherwise, they may wish to apologise at the meeting if they are attending.

Your child may need to think of ways of putting things right if possible.

What do others say?

You may have the right to see all the written accounts made by staff and by other pupils. Look at what the headteacher says and look at what others say. You should consider:

  • did the school take statements from your child and witnesses before your child was excluded?
  • do any of the accounts support your child's version of events?
  • if there are important disagreements between the statements, highlight them. Has there been a misunderstanding?

You may want to say something about your child

What sort of person is your child?

Imagine you are describing them to a stranger. Remember their good points. Are there any positive reports about your child?

Is there someone official, like a playgroup leader, youth worker or employer who might write a letter about them?

Describe your child and add anything that explains why your child behaved as they did.

You may also want to add anything that you think shows that the exclusion may not be fair, reasonable, or proportionate in all the circumstances.

Consider your child at the time of the suspension

You should consider:

  • was anything upsetting your child at school or at home?
  • was there pressure from others?
  • have they been bullied, racially or sexually harassed, or faced discrimination inside or outside of school?
  • if drugs are involved, is your child more likely to be in contact with drugs through not being in school?
  • if your child was at school instead of being excluded, would this seriously harm the education and welfare of your child or of others?
  • could anything else have affected their behaviour?

Consider the incident

If others were involved in the same incident, consideration will be made into the fairness of the sanction of your child and of others involved in the incident.

It is for the headteacher to decide in each individual case, and take all their respective circumstances into account, what sanction(s) are fair, reasonable and proportionate. This may mean that the pupils receive different sanctions.

Check your child’s school record

You have the right to see your child’s full school record. Does it include information which is new to you and may affect your case?

There may be information relating to your child that is confidential to the school; for example, Police Intelligence, which is not part of your child’s record and which cannot be shared.

Consider any special circumstances

The DfE Exclusions Guidance says that certain groups of pupils are more at risk of exclusion and headteachers have to consider whether pupils in those groups need extra support in school.

These groups include pupils:

  • starting primary or secondary school
  • with special educational needs or who have an Education Health Care Plan (EHCP)
  • from minority ethnic backgrounds, including the Traveller community
  • in care (looked after)
  • in receipt of free school meals
  • who are young carers
  • in families under stress
  • who are pregnant or are parents
  • who are unaccompanied asylum seekers

Even if your child is in one of these groups, they may still be excluded if the incident is so serious that the headteacher decides there is no appropriate alternative.

Does your child have emotional and behaviour difficulties and/or a learning difficulty?

If your child’s behaviour is very challenging and disrupts their schoolwork, they may have emotional and behavioural difficulties which are affecting their learning and they may need extra support at school.

If your child does not get the support they need, this may lead to poor or worsening behaviour.

Further information is in the Special Educational Needs Code of Practice (.gov)

If your child has SEN, schools should use their best endeavours to put all reasonable adjustments in place to avoid exclusion.

If your child already has an EHCP and the school has tried all alternatives to suspension or permanent exclusion, the headteacher should liaise with the LA’s Special Education Needs & Disability (SEND) Team about holding an interim annual review.

Were drugs involved?

Check the school’s policy on drugs.

The headteacher should consult the school’s drugs co-ordinator and take account of the school’s Drug Policy and the precise circumstances of your child’s case.

Was discrimination, harassment or bullying involved?

Check the school’s Behaviour and Equality Policies.

If you feel bullying, discrimination or harassment were involved in the incident, give details.

Does your child have a recognised disability?

If so, do you believe that the exclusion was as a result of behaviour related to that disability?

Schools have a legal duty not to discriminate against disabled pupils by excluding them from school because of behaviour related to their disability.

A person does not have to have a formal diagnosis to be considered disabled under the Equality Act 2010.

Exclusion of a disabled pupil for a reason related to their disability can only be justified if there is a material and substantial reason for one of those sanctions. If reasonable adjustments could have been made by the school and were not, the school may not be able to justify such a sanction.

Where there is an allegation of discrimination under the Equality Act 2010 in relation to an exclusion, you may make a claim to the First-Tier Tribunal (disability discrimination) or a County Court (other forms of discrimination).

Consider strategies used to improve behaviour

Schools should work with you and your child to avoid exclusion.

Any problems should be discussed with you at an early stage and an action plan to improve behaviour agreed with you and your child. Other strategies, such as a managed move, referral to an Education Centre (EC) or other form of Alternative Provision (AP), restorative justice, mediation, and internal suspension, should have been considered and discussed with you.

Has the school done all it could to support your child and avoid exclusion?

If; despite using strategies to change behaviour, your child had several suspensions and was at risk of permanent exclusion, the school should put in place a Pastoral Support Plan (PSP) or an Individual Behaviour Plan (IBP) and talk to you about the risk of permanent exclusion.

You should be involved in the setting up of a PSP or an IBP. The school can also seek advice from the LA Inclusion Support Service and, for primary pupils, the local Primary Behaviour Support Service or, for secondary pupils, the local Education Centre.

Contact information and further support