Many SEND parents don’t realise this until they are already living it: some schools exclude SEND children unlawfully, often quietly, and often under enormous pressure.
By the time families understand what’s happening, their child may already be out of education, anxious, dysregulated, and blamed for a situation that was never their fault.
This post explains what illegal exclusion looks like, why it happens, and what parents need to know to protect their child.
What Is an Illegal (Informal) Exclusion?
Schools are only allowed to exclude a child through a formal exclusion process, which must be recorded, time-limited, and follow strict legal rules.
An illegal or informal exclusion happens when a school:
- Sends a child home early on a regular basis
- Reduces a timetable without parental agreement
- Asks parents to “keep their child off” for a few days
- Calls parents repeatedly to collect a child due to behaviour
- Suggests attendance is “optional” because the school can’t cope
If this is happening without a formal exclusion letter, it may be unlawful.
Why SEND Children Are Most at Risk
SEND children are disproportionately affected because their behaviour is often linked to unmet needs, not deliberate misconduct.
Schools under pressure may:
- Lack staff or training
- Feel unable to manage regulation or distress
- Prioritise attendance data and classroom control
Instead of increasing support, some schools quietly push responsibility onto parents.
This is not lawful.
‘They Can’t Cope’ Is Not a Legal Reason to Exclude
Schools cannot exclude a child because:
- They don’t have enough staff
- They don’t understand the child’s needs
- The child is autistic, ADHD, PDA, anxious, or traumatised
- The behaviour is challenging
When behaviour is linked to SEN, schools have a legal duty to make reasonable adjustments.
Exclusion should never be used as a substitute for support.
Part-Time Timetables and ‘Best Interests’ Pressure
Many parents are told that reduced hours or staying home is ‘for the child’s own good’.
In reality:
- Part-time timetables must be time-limited and reviewed
- Parents must give informed consent
- The local authority remains responsible for education
Pressure, guilt, or fear should never be used to remove a child from school.
What the Law Actually Says
If a school cannot meet a child’s needs, the correct response is:
- Additional support
- SEN review
- EHCP assessment or amendment
- Alternative provision arranged by the local authority
Not exclusion by default.
When a child is out of school due to SEN, anxiety, or inability to cope, the local authority has a duty to secure suitable education.
Why Parents Often Don’t Realise What’s Happening
Parents are rarely told:
- That exclusions must be formal
- That reduced hours can be unlawful
- That repeated collections may count as exclusion
Many parents blame themselves instead of the system.
This silence causes harm.
What Parents Can Do
If you’re concerned:
- Ask whether your child is being formally excluded
- Request everything in writing
- Do not agree to reduced hours without clarity
- Ask what reasonable adjustments are being made
- Contact the local authority SEN team
You are not being difficult. You are protecting your child’s rights.
A Final Word
SEND parents already carry enormous responsibility.
You should not also have to carry the legal consequences of schools failing to cope.
Information doesn’t create conflict.
It creates protection.
AskEllie exists to help families understand their rights, recognise when something isn’t lawful, and advocate with clarity rather than fear.
If this situation feels familiar, you’re not alone — and help is available.
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