Last reviewed on 2 February 2022
School types: All · School phases: All
Ref: 5505

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