Suspension

Also called Fixed-term exclusion, Fixed period exclusion, Exclusion

Excluding a pupil for a fixed period. Only the headteacher can do it, and it must be recorded.

What it is

A suspension is an exclusion for a fixed period, up to 45 school days in a school year. It was called a fixed-term exclusion until the 2022 guidance changed the language.

Only the headteacher, or in their absence the acting headteacher, can suspend. A teacher, a head of year or a cover head cannot.

Where it applies

Any pupil in a state school, on disciplinary grounds only. A suspension for any other reason — because a school cannot meet a pupil's needs, or while waiting for an assessment — is unlawful.

How it works

The school must notify parents without delay, giving the reason, the length, and information about parents' rights.

For the first five school days the school must set work. From day six of any suspension totalling more than five days in a term, the school must arrange suitable full-time education.

Parents can make representations to the governing body. For suspensions totalling more than five but not more than 15 days in a term, governors must consider representations if the parent asks; over 15 days they must meet.

Informal or unofficial exclusions — sending a child home "to cool off" without recording it — are unlawful, however agreeable everyone was at the time.

What you can ask for

Ask for it in writing with the reason and the length. If it is not recorded, it is an unlawful exclusion and that is worth saying.

Ask what work is set, and from day six, what full-time education is arranged.

Ask whether the behaviour arose from a disability or unmet SEND, and whether reasonable adjustments were considered. Suspending a child for a disability-related behaviour without adjustment can be discrimination.

Where to get help

Coram Children's Legal Centre's exclusions advice, IPSEA where SEND is involved, and the DfE's suspension and exclusion guidance, which is statutory.