Protected groups
Schools and governing boards must comply with their statutory duties in relation to pupils with Special Educational Need (SEN). Schools should consider whether a pupil’s SEND has contributed to the misbehaviour and if so, whether it is appropriate and lawful to sanction the pupil. In considering this, schools should refer to the Equality Act 2010, which requires schools to make reasonable adjustments for disabled pupils.
Under the Children and Families Act 2014 and the Special Educational Need and Disability (SEND) Code of Practice, schools must use their best endeavours to ensure the appropriate special educational provision is made for pupils with SEN, which includes any support in relation to behaviour management that they need because of their SEN and when administering the exclusion process.
Headteachers should, as far as possible, avoid excluding permanently any pupil with an Education, Health and Care (EHC) plan or a Child in Care (CiC).
Where a school has concerns about the behaviour, or risk of suspension and permanent exclusion of a pupil with SEN, a disability, an EHC plan or a CiC, it should, in partnership with others (including where relevant, the local authority), consider what additional support or alternative placement may be required. This should involve assessing the suitability of provision for a pupil’s SEN or disability. Where a pupil has an EHC plan, schools should consider arranging an early annual review or interim or emergency review.
Where a school suspends or permanently excludes a pupil who has a social worker or is a CiC, they must notify the social worker or the virtual school without delay. Pupils who are CiC must not be permanently excluded without reference to the virtual school and the Director of Children's Services.
Pupils with an EHC plan must not be permanently excluded without an emergency review having first been convened.
For all suspensions and exclusions, school must notify the Local Authority without delay.