Who this guide is for
Parents and carers in Scotland whose child has been excluded from a council school, and pupils who want to appeal their own exclusion. It explains the grounds for exclusion, the appeal to the council's education appeal committee and the sheriff, and disability discrimination claims.
What this guide does not cover
- Schools in England, Wales or Northern Ireland: see the England guide, the Wales guide or the Northern Ireland guide.
- Independent (private) schools: ask a free adviser.
- Additional support for learning and co-ordinated support plans: use the SEND checker.
- Placing requests (asking for a place at a school), attendance, bullying and complaints about a teacher: ask the school or your council.
- Education while your child is excluded: ask the council.
- Police involvement and criminal charges: ask a solicitor.
⚖ At a glance
- A pupil can only be excluded on one of two grounds set out in the Schools General (Scotland) Regulations 1975 (see below).
- The school must tell you in writing how long the exclusion is and the reasons. The letter should also tell you about your right to appeal to the council's education appeal committee.
- There is no time limit for appealing an exclusion to the education appeal committee, but appeal as soon as you can.
- If the committee turns down your appeal, you can appeal to the sheriff court within 28 days of receiving the committee's decision.
- If you think the exclusion is disability discrimination, you can claim to the First-tier Tribunal for Scotland (Health and Education Chamber) within 6 months.
The questions that decide the answer
- Where is the school? Scotland: this guide. England, Wales and Northern Ireland have different rules and their own guides.
- Has the education appeal committee decided yet? Not yet: you can appeal to it. It turned your appeal down: the next step is the sheriff court, within 28 days.
- Does your child have a disability? You may also have a disability discrimination claim to the Health and Education Chamber.
- How old is your child? Pupils aged 12 or over may be able to appeal in their own right. The exclusion letter explains who can appeal.
When a pupil can be excluded
There are only two grounds for excluding a pupil in Scotland:
- the parent refuses or fails to comply, or to allow the pupil to comply, with the rules, regulations or disciplinary requirements of the school; or
- the pupil's continued attendance at the school is likely to be seriously detrimental to order and discipline in the school or to the educational well-being of the pupils there.
In Scotland, an exclusion can be temporary, or can mean your child's name is removed from the school roll.
Appealing to the education appeal committee
The education appeal committee is set up by the council. To appeal, write to the council saying you want to appeal the exclusion and why you disagree. The committee writes to you with details of the hearing, hears the appeal and tells you and the council its decision.
No deadline applies to an exclusion appeal to the committee, but appealing quickly is better for your child.
Appealing to the sheriff
If the committee turns down your appeal, you can appeal to the sheriff court. The appeal must be lodged with the sheriff clerk within 28 days of receiving the committee's decision. Get legal advice first: this is a court appeal.
"I think the exclusion is because of my child's disability"
It is unlawful for a school to discriminate against a disabled pupil, including in exclusions. You can make a disability discrimination claim to the First-tier Tribunal for Scotland (Health and Education Chamber). The tribunal says the claim should be received within 6 months of the alleged discrimination. A child aged 12 to 15 can make their own claim. This is separate from an appeal to the education appeal committee.
Deadlines
- Education appeal committee: no deadline for an exclusion appeal. Appeal as soon as you can.
- Sheriff court: within 28 days of receiving the appeal committee's decision.
- Disability discrimination claim: within 6 months of the alleged discrimination.
Money figures
This guide gives no money figures.
Where to go for help
The exclusion letter: it tells you how to appeal and where to send it.
Your local council: write to it to appeal to the education appeal committee.
First-tier Tribunal for Scotland (Health and Education Chamber): 0141 302 5860.
Citizens Advice Scotland: 0800 028 1456
Traps
- The English and Welsh panels, and their time limits counted in school days, do not apply in Scotland.
- The 28 days for a sheriff court appeal run from when you receive the committee's decision.
- A disability discrimination claim goes to the Health and Education Chamber, not to the education appeal committee.
📜 Sources (checked 24 September 2026)
- legislation.gov.uk: Education (Scotland) Act 1980, sections 28F and 28H (appeal to the sheriff lodged within 28 days of receiving the appeal committee decision).
- Schools General (Scotland) Regulations 1975 grounds for exclusion, as set out by Moray Council and East Dunbartonshire Council exclusion guidance.
- East Ayrshire Council and North Ayrshire Council education appeal guidance (no time limit for exclusion appeals to the appeal committee); Moray Council (who can appeal, sheriff appeal).
- First-tier Tribunal for Scotland (Health and Education Chamber): disability discrimination claim forms (exclusions, 6 months, children aged 12 to 15, 0141 302 5860).
- Citizens Advice Scotland number reused from earlier guides (checked 24 September 2026).
- legislation.gov.uk: Standards in Scotland's Schools etc. Act 2000, section 41 (a pupil with legal capacity under section 2(4A) and (4B) of the Age of Legal Capacity (Scotland) Act 1991 has the same rights of appeal under section 28H of the Education (Scotland) Act 1980 as a parent). Checked 26 September 2026.