Excluding a pupil with SEND: requirements and guidance

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.

Last reviewed on 15 August 2022
School types: All · School phases: All
Ref: 5505
  1. Take into account your statutory duties 
  2. Provide support before considering exclusion
  3. Use ‘off-site direction’ or a 'managed move' as an alternative to exclusion
  4. Provide full-time education for excluded pupils 

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

This is the case unless you can show that the exclusion is a 'proportionate' means of achieving a legitimate aim. It's unlikely it will be considered 'proportionate' if you haven't made significant efforts to support the pupil to