Can I Appeal a School Exclusion in England?

Who this guide is for

Parents and carers in England whose child has been suspended (sent home for a set number of school days) or permanently excluded from a state school: a council-maintained school, an academy or free school, or a pupil referral unit. It explains who decides, what you can do and the time limits.

What this guide does not cover

• Schools in Wales, Scotland or Northern Ireland: see the Wales guide, the Scotland guide or the Northern Ireland guide.
• Independent (private) schools: the exclusion rules in this guide do not apply to them. A disability discrimination claim can still be made (see below).
• Education, health and care plans and SEN support: use the SEND checker.
• School admissions appeals, attendance fines, bullying and complaints about a teacher: ask the school or your council.
• Managed moves, and being sent to learn somewhere else for a time: ask the school or your council.
• Police involvement and criminal charges: ask a solicitor.

The questions that decide the answer

1. Where is the school? England: this guide. Wales, Scotland and Northern Ireland have different rules and their own guides.
2. What type of school is it? A council-maintained school, academy, free school or pupil referral unit: this guide applies. An independent (private) school: the exclusion rules here do not apply.
3. Is it a suspension or a permanent exclusion? A suspension is for a set number of school days. A permanent exclusion means your child does not go back unless the decision is changed. Only a permanent exclusion can go to an independent review panel.
4. How many school days has your child been suspended this term? This decides whether the governing board must meet (see below).
5. Does your child have special educational needs or a disability? You can ask for an SEN expert at an independent review, and you may have a disability discrimination claim.

"My child has been suspended"

A suspension is for a set number of school days. A pupil cannot be suspended for more than 45 school days in total in one school year. This limit is for suspensions only.

What the governing board must do depends on how many school days your child will have been suspended in the term:

• More than 15 school days in the term, or your child would miss a public exam or national curriculum test: the governing board must consider and decide whether your child should be reinstated within 15 school days of being told about the suspension.
• More than 5 but not more than 15 school days in the term: if you make representations, the governing board must consider and decide whether your child should be reinstated within 50 school days. If you do not, it does not have to meet and cannot direct reinstatement.
• 5 school days or fewer in the term: you can still send the governing board your views, but it cannot overturn the headteacher's decision.

If a suspension is for more than 5 school days in a row, the school must arrange suitable full-time education from the sixth school day.

"My child has been permanently excluded"

The governing board must consider and decide whether your child should be reinstated within 15 school days of being told about the permanent exclusion. It must do this even if you do not ask. You can make representations to it. It can either uphold the exclusion or direct that your child is reinstated, straight away or from a set date.

From the sixth school day of a permanent exclusion, the local council must arrange full-time education for your child.

If the governing board does not reinstate your child, its letter must say the exclusion is permanent and tell you that you can ask for the decision to be reviewed by an independent review panel, the last date for applying, and where to send the application. You must apply within 15 school days of the date the governing board's decision is given to you in writing.

The independent review panel

The council arranges the panel for a council-maintained school or pupil referral unit. The academy trust arranges it for an academy.

The panel can do one of three things:

• uphold the governing board's decision;
• recommend that the governing board reconsiders; or
• quash the decision and direct the governing board to reconsider, if the decision was flawed on the principles that apply in a judicial review.

The panel cannot order the school to reinstate your child. If it recommends or directs reconsideration, the governing board must meet again within 10 school days of being told the panel's decision.

When you apply for a review, you can ask for an SEN expert to advise the panel if your child has special educational needs or you think they may have.

"I think the exclusion is because of my child's disability"

You can make a disability discrimination claim to the First-tier Tribunal (Special Educational Needs and Disability), also called the SEND tribunal. It hears claims against council-maintained schools, academies, free schools, alternative provision academies and independent schools registered with the Department for Education. It cannot hear claims about schools in Wales, Scotland or Northern Ireland.

The time limit is strict. You cannot claim more than 6 months after the date of the conduct you are complaining about, and GOV.UK says the tribunal must receive the claim by 5pm on the day before the 6-month period ends.

After a permanent exclusion, you can ask the tribunal to order reinstatement. A disability discrimination claim is separate from the independent review. This guide does not cover how the two fit together: ask Citizens Advice or a solicitor.

Deadlines

• These deadlines count school days, not calendar days.
• Governing board (permanent exclusion, more than 15 school days suspended in a term, or a missed public exam): must decide within 15 school days of being told about the exclusion.
• Governing board (more than 5 and up to 15 school days suspended in a term, if you make representations): must decide within 50 school days.
• Applying for an independent review panel: within 15 school days of the date the governing board's decision is given to you in writing.
• Governing board reconsidering after the panel: within 10 school days of being told the panel's decision.
• Disability discrimination claim: within 6 months of the date of the conduct.

Money figures

This guide gives no money figures.

Traps

• The independent review panel cannot order reinstatement: it can only uphold, recommend reconsideration, or quash and direct the governing board to reconsider. A disability discrimination claim to the SEND tribunal can ask for reinstatement.
• Apply for a review by the last date in the governing board's letter. The time limit is 15 school days, not calendar days.
• Wales has different rules: its independent appeal panel can order a pupil back to school.
• The 45-school-day limit is for suspensions in one school year. It does not apply to a permanent exclusion.
• New Department for Education statutory guidance applies to exclusions that take effect from 26 July 2026.