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Education Legal services for Families, in particular, Special Educational Needs & Disability
Education Lawyers

Exclusions FAQs

If your child is at risk of being excluded or they have been unlawfully or unfairly excluded, read our exclusions FAQs to find out what you can do, or get in touch to see how we can help.

exclusions faqs

What is a Managed Move?

A managed move is the transfer of a child who is at serious, but not imminent, risk of permanent exclusion from his/her school to another school.

Parents have to be in agreement with the managed move, and it should never be used as the only alternative to a threatened permanent exclusion
(you should not be made to feel like there is no other option).

It is worth considering that challenging behaviour often occurs in SEND children when their needs have not been fully identified and appropriate support and reasonable adjustments have not been put in place. If your child has a SEND and you feel that a lack of appropriate support has led to the escalation in their behaviour, then is it vital that a full assessment of your child’s needs takes place so the right support is in place before the child starts in the new placement. We recommend you contact Education Lawyers to discuss the most appropriate action to take in these circumstances.

Can I refuse to allow my child to be excluded?

You can say no to the school, unless the head teacher/school leader agrees to provide the proper written notification.

Can a school ask me not to bring in my child when Ofsted visits?

It is unlawful for a school to ask parents to keep their child at home when an Ofsted inspection is taking place, unless the school gives you written notice they are excluding your child. This also applies if they ask you to keep your child away because of any other reason without written notice of exclusion.

Can a school tell me my child cannot attend because of a medical condition?

Government guidance is clear that if your child has a medical condition (physical or mental) then they should be able to access a full education. This includes school trips and PE. Schools are also not allowed to refuse a child because they are not toilet trained.

The only exception would be if your child’s medical condition put other pupils at risk, for example if they had an infectious disease. You can read the Government’s guidance on Supporting Children with Medical Conditions here.

As a side note, the school cannot expect or require you to accompany them on school trips, because of their medical condition.

If your child is being told they cannot attend school during the coronavirus pandemic when it is open to all other pupils, simply because of their condition (and without written reasons) this is also an unlawful exclusion.

If your child has been unlawfully or unfairly excluded, find out how we can help.

Call us on 01452 555166, use our contact form, or ask for a Call-Back

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