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Suspending or excluding a pupil with SEND: requirements and guidance

Understand the steps you need to take before suspending or excluding a pupil with SEND, especially if they have an education, health and care (EHC) plan, and learn about how your statutory duties may affect your decision.

Updated
on 3 July 2026See updates
School types: All•School phases: All•Ref: 5505
Contents
  1. Take your statutory duties into account
  2. Provide support before considering suspension or exclusion
  3. Use ‘off-site direction’ or a 'managed move' as an alternative to suspension or exclusion
  4. Provide full-time education for suspended or excluded pupils 

Take your statutory duties into account

You need to consider your statutory duties in relation to pupils with special educational needs and/or a disability (SEND) when considering a suspension or exclusion. This includes having regard to the:

It's unlawful to suspend or exclude a pupil if it's because: 

  1. Your school feels it's not able to cater for their additional needs or disability
  2. The pupil's behaviour that led to the suspension or exclusion is a consequence of their additional needs or disability

This is the case unless you can show that the suspension or exclusion is a 'proportionate' means of achieving a legitimate aim. It's unlikely it will be considered 'proportionate' if