School Suspensions and Exclusions: Your Rights in England (2026)

Being told your child has been suspended or excluded is a shock, and the letter often arrives with deadlines that start running straight away. Here is what the law says, with the regulation behind each answer.

What is the difference between a suspension and an exclusion?

A suspension is an exclusion for a fixed period: your child stays on the school roll and goes back at the end of it. A permanent exclusion means they will not return to that school. Both can only be decided by the head teacher (section 51A of the Education Act 2002), and the school must tell you the length and the reasons in writing without delay (regulation 5 of the 2012 Regulations).

How long can a child be suspended from school?

No more than 45 school days in a school year in total across all suspensions (regulation 4 of the 2012 Regulations).

Do suspensions count as absences?

A suspension is recorded as code E, which is classed as authorised absence, as long as no alternative provision has been arranged. Once your child is attending alternative provision, the school records that instead. It does not count towards an attendance fine.

Does the school have to provide education during a suspension?

Yes, from the sixth day. For a suspension, the school must arrange suitable full-time education from the sixth school day of the exclusion (section 100 of the Education and Inspections Act 2006 and regulation 3 of the 2007 Regulations). For a permanent exclusion the local authority must arrange full-time education under section 19 of the Education Act 1996. The DfE guidance says alternative provision must be arranged from the sixth consecutive school day of any suspension or permanent exclusion.

Can I challenge a suspension?

Yes, by making representations to the governing body (regulation 5). What the governors must do depends on the total:

• More than 15 school days in a term, or missing a public exam: the governors must meet and decide whether to reinstate your child, within 15 school days (regulation 6).
• More than 5 but not more than 15 school days in a term: they must consider reinstatement if you make representations, within 50 school days (regulation 6(7)(b)).
• 5 school days or fewer in a term: they must consider your representations, but do not have to meet to decide on reinstatement.

Is an exclusion permanent?

Not until the process has run. After a permanent exclusion the governors must decide within 15 school days whether to reinstate (regulation 6(7)). Until any reinstatement decision and independent review are finished, your child’s name stays on the school roll.

How do I appeal a permanent exclusion?

In two steps.

• The governors’ meeting. They must consider your representations and decide whether to reinstate within 15 school days of being told about the exclusion (regulation 6).
• Independent review. If they uphold it, you can apply to an independent review panel within 15 school days of being given written notice of their decision (Schedule 1, paragraph 2). The council, or the academy trust for an academy, arranges the panel at its own expense (regulation 7).

The panel can uphold the decision, recommend the governors reconsider, or, if the decision was flawed on judicial review principles, quash it and direct them to reconsider (section 51A(4)). It has no power to order reinstatement itself, but if it quashes the decision and the governors still do not reinstate, it can order a £4,000 adjustment to the school’s budget (regulation 7(5)). Its decision binds the school and the council (regulation 7(6)). If you believe the exclusion was disability discrimination, that claim goes to the SEND Tribunal instead.

Can I ask for a SEN expert at the exclusion review?

Yes, whether or not the school recognises that your child has special educational needs. The council must appoint a SEN expert to give impartial advice on how special educational needs may be relevant to the exclusion, if you ask (regulation 7(1)(b)). You must ask in writing at the same time as you apply for the review (regulation 7(3)).

Can a child be excluded for bad attendance?

Exclusion is a disciplinary power, used for behaviour. Poor attendance is dealt with through attendance support and, if needed, penalty notices or prosecution of the parent under section 444 of the Education Act 1996, not by excluding the child. See school attendance fines.

What happens if my child has an EHCP and is excluded?

All the same rights apply, and the council’s duty to secure the provision in the plan continues (section 42 of the Children and Families Act 2014). If your child is excluded, it is worth asking the council for an early review of the plan, and asking for a SEN expert at any independent review.

For a child who cannot attend school for other reasons, see the section 19 duty. For free advice, contact your local SENDIASS or Coram Children’s Legal Centre.