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:
- Your school feels it's not able to cater for their additional needs or disability
- 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