Suspensions, Exclusions and Managed Moves
What parents and carers of children with SEND need to know
Receiving a phone call from school to say your child has been suspended, is at risk of exclusion, or that a managed move is being suggested can be incredibly upsetting.
Many parents tell us they feel shocked, confused, frustrated, or worried about what will happen next. You may feel that your child's needs have not been fully understood, or that the right support was not in place before things reached this point.
If your child has Special Educational Needs and Disabilities (SEND), it is important to know that schools have legal duties towards them. Decisions about suspensions, exclusions, and managed moves should not be made without properly considering your child's needs, disabilities, and the support they require.
Understanding your rights and the school's responsibilities can help you make informed decisions and ensure your child is treated fairly.
What are suspensions, exclusions and managed moves?
A suspension (previously known as a fixed-term exclusion) is a temporary removal from school.
A permanent exclusion means a child is removed from the school roll and cannot return to that school. Permanent exclusion should only be used as a last resort.
A managed move is a voluntary agreement for a child to move permanently from one mainstream school to another. It is often presented as a fresh start and may be considered as an alternative to permanent exclusion.
Although these situations can feel overwhelming, it is important to remember that parents have rights and schools must follow specific procedures.
Why are children with SEND more likely to be suspended or excluded?
Children with SEND are disproportionately affected by suspensions and exclusions.
In many cases, what appears to be challenging behaviour may actually be linked to:
Unmet special educational needs
Communication difficulties
Sensory differences
Anxiety or emotional distress
Difficulties with emotional regulation
Mental health needs
Social interaction difficulties
Learning differences
For example, an autistic child may become overwhelmed in a noisy environment, a child with ADHD may struggle with impulsivity, or a child with speech and language needs may react out of frustration when they cannot communicate effectively.
This does not mean children should not be supported to understand expectations and appropriate behaviour. However, schools should always look beyond the behaviour itself and consider what may be causing it.
A helpful question is:
"What is this behaviour communicating about this child's needs?"
Schools must consider SEND before suspending or excluding
Before deciding on a suspension or exclusion, schools must carefully consider whether a pupil's behaviour may be connected to a disability or special educational need.
Schools so must also consider:
Whether all of your child's needs have been identified.
Whether appropriate SEND support has been provided.
Whether recommendations from professionals have been followed.
Whether reasonable adjustments have been made.
Whether an EHC Needs Assessment should be considered.
Whether the school's behaviour policy is being applied fairly.
As a parent, it may be useful to ask:
Has the school identified and assessed all of my child's needs?
Has appropriate SEND support been put in place?
Has professional advice been followed?
Were reasonable adjustments made?
Was the behaviour linked to my child's disability or unmet needs?
Has an EHC Needs Assessment been considered where appropriate?
Has the school reviewed whether it is applying its behaviour policy fairly?
If the answer to any of these questions is no, it may be appropriate to challenge the school's decision.
What is an informal or unofficial suspension?
Some families tell us they have been asked to:
Collect their child early.
Keep their child at home for a day or two.
Agree to time away from school to "cool off".
Delay returning following an incident.
It is important to know that these arrangements may be unlawful if they are being used instead of the formal suspension process. Any removal from school for disciplinary reasons should be formally recorded and follow the correct legal process.
If your child is repeatedly being sent home, ask the school to confirm in writing:
Why your child is being removed from school.
Whether the absence is being recorded as a suspension.
What legal basis the school is relying upon.
Keeping clear records can be extremely helpful if concerns arise later.
How to challenge a suspension or exclusion.
If your child has been suspended or excluded and you disagree with the decision, there are several practical steps you can take.
1. Request the evidence
The suspension letter
Details of the alleged incident
Witness statements, where appropriate
Copies of behaviour records
Any risk assessments
Records of SEND support, interventions and reasonable adjustments
2. Put your concerns in writing
Write to the Headteacher and Governors explaining:
Why you disagree with the suspension
How your child’s SEND may have contributed to the incident
Any failures to provide support or reasonable adjustments
Relevant evidence from professional reports
Any concerns about disability discrimination
3. Make representations to the governors
Parents have the right to make representations regarding suspensions and exclusions.
The role of the governing board depends on the circumstances and the length of the suspension. Read the school's decision letter carefully and make sure you respond within any deadlines provided.
4. Consider whether disability discrimination has occurred
Where behaviour is connected to a child's disability, concerns may arise if:
The school failed to make reasonable adjustments.
Appropriate support was not provided.
The child was treated unfavourably because of something arising from their disability.
Save copies of:
Emails
Meeting notes
Professional reports
Behaviour records
Support plans
School correspondence
A clear timeline of events can be invaluable.
Disability discrimination and suspensions and exclusions
Schools have legal duties under the Equality Act 2010 not to discriminate against disabled pupils.
Disability discrimination concerns may arise where:
A child is suspended or excluded for behaviour linked to their disability.
Reasonable adjustments have not been made.
A school policy disadvantages disabled pupils.
Needs have been identified but support has not been provided.
For example, if an autistic child experiences sensory overwhelm and reacts in distress, the school should carefully consider whether the behaviour is linked to their disability and whether appropriate support and adjustments were in place.
Where families believe disability discrimination has occurred, claims can be made to the First-tier Tribunal (Special Educational Needs and Disability). Strict time limits apply, so it is important to seek advice promptly.
What is a managed move?
A managed move is a voluntary arrangement for a child to move permanently from one mainstream school to another.
Sometimes schools suggest managed moves where a child is struggling in their current placement or where there are concerns about a possible permanent exclusion. For some children, a managed move can be successful. However, it should only happen when it is genuinely in the child's best interests.
A managed move should:
Be discussed fully with parents.
Consider the child's views where appropriate.
Take account of the child's SEND.
Include appropriate planning and support.
Be agreed by everyone involved.
Most importantly, a managed move should not be used because a school finds it difficult to meet a child's needs.
Do parents have to agree to a managed move?
No. Managed moves are voluntary. Parents should never feel pressured into agreeing to a managed move because they have been told that refusing will automatically lead to a permanent exclusion.
Before agreeing, it may help to ask:
Why is the move being proposed?
Have all reasonable adjustments been tried?
Has the school fulfilled its SEND responsibilities?
What support will be available in the new school?
Can the proposed school genuinely meet my child's needs?
Have other options been considered?
Does an EHCP review need to take place first?
Take time to understand the proposal and ask for everything in writing.
Disability discrimination and managed moves
A managed move should never be used to avoid a school's responsibilities under SEND law and the Equality Act 2010.
Families should be cautious if a move appears to be proposed because:
The school says it cannot manage the child's disability.
Unmet needs have not been properly assessed.
A child is being moved because of behaviour arising from disability.
Reasonable adjustments have not been fully explored.
If you are unsure, ask the school to explain:
Why it believes the move is in your child's best interests.
What alternatives have been considered.
What support will be available moving forward.
Having this information in writing allows you to make a more informed decision.
What should parents do if they are concerned?
If your child is facing a suspension, exclusion, or managed move, consider:
Requesting all information in writing.
Keeping records of meetings and conversations.
Gathering professional evidence.
Reviewing your child's SEND Support Plan or EHCP.
Asking what reasonable adjustments have been considered.
Requesting urgent reviews where needs may be unmet.
Considering whether an EHC Needs Assessment or EHCP review is required.
Seeking specialist advice as early as possible.
Final thoughts
Suspensions, exclusions and managed moves can have a huge impact on a child's education, confidence and wellbeing.
For children with SEND, it is especially important that schools look beyond the behaviour and consider the needs, difficulties and challenges that may be driving what is happening.
No parent should feel pressured to make immediate decisions without understanding their options.
Remember:
Your child's SEND should be properly considered.
Schools have duties under SEND and equality law.
Reasonable adjustments should be explored.
Decisions can be challenged where appropriate.
You have the right to ask questions and seek advice.
Most importantly, you do not have to navigate this alone.
At Empowering Families of Children with SEND Ltd, we support families to navigate suspensions, exclusions, disability discrimination concerns, EHCP issues and school placement disputes. Understanding your rights is an important first step towards securing the support and education your child deserves. For more information about the support we can provide, please email admin@empoweringSENDfamilies.co.uk
Do not feel pressured to make an immediate decision about a managed move. Ask for the proposal, reasons, support plan and timescales in writing, and take advice before agreeing.
Useful resources
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