You are here:

Last reviewed on 6 December 2021
Ref: 5505
School types: All · School phases: All

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

Take into account your statutory duties 

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

It's unlawful to 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 exclusion - is a consequence of their additional needs or disability

Excluding a pupil with additional needs for behaviour which is a consequence of these needs, could be seen as unlawful disability discrimination - see paragraph 4.10 of the DfE's guidance on the Equality Act.

For example, a well-publicised case involved a court

More from The Key


Bitesize training with a big impact

Our on-demand training has your whole board covered and lets them learn at a time and pace that suits them.

Help your new governors hit the ground running with our expertly-designed induction training, and our role-specific courses support your link governors develop key skills and confidence in their role.


New eLearning: DSL refresher training

Your DSL’s training should be refreshed at least once every 2 years. 

Designed in collaboration with safeguarding experts, our 2.5 hour online refresher training course reminds DSLs how to put their knowledge into practice, with in-depth, real-world scenarios.


The Key has taken great care in publishing this article. However, some of the article's content and information may come from or link to third party sources whose quality, relevance, accuracy, completeness, currency and reliability we do not guarantee. Accordingly, we will not be held liable for any use of or reliance placed on this article's content or the links or downloads it provides. This article may contain information sourced from public sector bodies and licensed under the Open Government Licence v3.0.