If your child has been excluded from school in England, one of the first things you need to understand is the fundamental legal difference between a suspension and a permanent exclusion. The two terms are often confused — and the difference matters enormously, because they trigger different statutory timelines, different governing board duties, and different rights for parents and pupils.
This guide explains both measures clearly, based on the Department for Education's statutory guidance Suspension and Permanent Exclusion from maintained schools, academies and pupil referral units in England (updated September 2023, with further technical updates August 2024).
Before September 2022, what is now called a suspension was legally referred to as a fixed-term exclusion. The DfE updated the statutory guidance to use the term "suspension" to distinguish it more clearly from permanent exclusion. If you are reading older school documents or letters that refer to a "fixed-term exclusion", this is the same as a suspension under current law. Only one form of exclusion is now called an "exclusion" without qualification: the permanent exclusion.
What Is a Suspension?
A suspension is a temporary removal of a pupil from school for disciplinary reasons. During a suspension, the pupil remains on the school's admission register and is expected to return to the school once the suspension period ends.
Key legal facts about suspensions in England:
- Only the headteacher (or acting headteacher) has the legal authority to issue a suspension. This power cannot be delegated to other teachers or members of the senior leadership team
- A suspension can last for a fixed period of time — from part of a single school day up to several consecutive school days
- The total number of school days a pupil can be suspended in a single academic year is capped at 45 school days
- The pupil remains on the school's roll throughout the suspension and has the right to return
- The school must take reasonable steps to set and mark work for the pupil during the first five school days of any suspension
- From the sixth school day of a suspension, the local authority or school (depending on who is responsible) has a statutory duty to arrange suitable full-time education for the pupil
What Is a Permanent Exclusion?
A permanent exclusion is the complete removal of a pupil from a school. Unlike a suspension, a permanent exclusion means the pupil is no longer permitted to attend that school, and their name is legally removed from the school's admission register — unless the governing board or an independent review panel subsequently directs the school to reinstate them.
Key legal facts about permanent exclusions in England:
- Again, only the headteacher (or acting headteacher) has legal authority to permanently exclude a pupil
- Permanent exclusion is explicitly described in DfE statutory guidance as a measure of last resort, to be used only after all other behavioural strategies and interventions have been exhausted
- The pupil is immediately removed from the school's admission register unless reinstated
- As with suspensions, the school must take reasonable steps to set and mark work for the first five school days
- From the sixth school day, the local authority has a statutory duty to arrange full-time education
- The governing board must automatically convene a meeting to review the permanent exclusion — parents do not need to request this
- If the governing board upholds the permanent exclusion, parents have the right to request an Independent Review Panel (IRP)
AI-generated image Side-by-Side Comparison
| Feature | Suspension | Permanent Exclusion |
|---|---|---|
| Effect on school roll | Remains on roll — expected to return | Removed from roll (unless reinstated by governors or IRP) |
| Duration | Fixed period; total maximum 45 school days per academic year | Indefinite — the pupil does not return unless reinstated |
| Who can issue it | Headteacher only (cannot be delegated) | Headteacher only (cannot be delegated) |
| Work set (days 1–5) | School must take reasonable steps to set and mark work | School must take reasonable steps to set and mark work |
| Full-time education duty (day 6+) | School or LA must arrange suitable full-time education | Local authority has statutory duty to arrange full-time education |
| Governing board meeting | Automatic if: over 15 school days in a term, or if the pupil would miss a public exam. Parents can request a meeting for 6–15 school days in a term | Governing board must meet automatically — no request needed |
| Independent Review Panel | Not available | Available if governing board upholds the exclusion |
| Last resort designation | Should follow behaviour interventions; not to be used for minor incidents | Explicitly designated as a measure of last resort in DfE guidance |
The Legal Grounds for Both Measures
Under DfE statutory guidance, a headteacher may only issue a suspension or permanent exclusion on disciplinary grounds. Two cumulative conditions must be met:
- There has been a serious breach or persistent breaches of the school's behaviour policy; and
- Allowing the pupil to remain in school would seriously harm the education or welfare of the pupil or others in the school
Permanent exclusion must additionally meet a higher threshold — it should only be used when all behavioural strategies, support mechanisms and interventions have been exhausted. Headteachers are expected to have considered and documented alternative approaches before reaching this decision.
Schools and local authorities are also explicitly prohibited from adopting a blanket "no-exclusion" policy. While exclusions should be rare, the DfE guidance makes clear that an absolute ban on exclusions can create serious safeguarding risks for other pupils and staff.
What Parents Must Be Told
When a headteacher issues either a suspension or permanent exclusion, the school has specific statutory notification duties to parents:
- Parents must be notified on the day the decision is made — ideally before the end of the school day
- The notification must be in writing and must include: the reason for the exclusion, the length of the suspension (if applicable), and the parent's right to make representations to the governing board
- For suspensions of over five school days, parents must also be told the arrangements for the pupil's education from day six onwards
- For permanent exclusions, parents must be given specific information about the governing board review process and the timeframes that apply
Governing Board Scrutiny: When It Is Triggered
The governing board's role differs significantly depending on whether the exclusion is a suspension or a permanent exclusion:
For Suspensions
- 1 to 5 school days in a term: The governing board must consider the exclusion but is not required to hold a formal meeting
- 6 to 15 school days in a term: Parents can request that the governing board meet to consider the suspension. If requested, the governing board must comply
- More than 15 school days in a term, or where the pupil would miss a public examination: The governing board must automatically meet to review the decision — no parental request is required
For Permanent Exclusions
The governing board must always convene a meeting to review a permanent exclusion, regardless of whether parents request one. This meeting must normally take place within 15 school days of the governing board receiving notice of the exclusion. At this meeting, parents have the right to attend, to be accompanied, and to make representations.
If the governing board upholds the permanent exclusion, parents then have the right to request an Independent Review Panel (IRP) — an external panel with the power to direct the governing board to reconsider its decision.
AI-generated image What Is Not a Suspension or Permanent Exclusion
It is important to understand that certain situations that result in a pupil being kept away from school are not formal exclusions under the statutory framework:
- Safeguarding separations: If a pupil is kept off-site during a safeguarding investigation or because of an allegation, this is not a formal suspension and must not be treated as one. Different procedures apply
- Informal "cooling off" periods: Sending a child home informally without following the statutory exclusion process — sometimes called an "informal exclusion" — is unlawful. Schools must follow proper statutory procedures every time a pupil is excluded from the premises for disciplinary reasons
- Part-time timetables agreed with parents: Where a school and parents have agreed a part-time timetable as a form of support (for example, for a pupil with significant anxiety), this is not an exclusion — but it does require parental consent and appropriate oversight
If you believe your child has been sent home informally without a proper exclusion notice, you have the right to challenge this. For more on the broader landscape of school behaviour policy and pupil rights, see our guide to what school behaviour policies can include and our overview of school complaints procedures in England.
Can a Headteacher Cancel an Exclusion After Issuing It?
Yes. Under the updated DfE guidance (effective September 2023), a headteacher has the power to cancel or rescind an exclusion — whether a suspension or a permanent exclusion — before the governing board has met to review it. If a headteacher does cancel an exclusion, parents must be notified, and the pupil must be re-admitted to school promptly. Once the governing board has convened its review meeting, the exclusion can no longer be cancelled by the headteacher alone.
Frequently Asked Questions
What is the maximum number of days a pupil can be suspended in a school year?
The maximum total number of school days a pupil can be suspended across all suspensions in a single academic year is 45 school days. This is the statutory cap set by DfE guidance. If a pupil reaches or approaches this limit, the school should be exploring alternative provision or support strategies rather than continuing to use suspension as a disciplinary tool. Each individual suspension must also be for a defined, finite period.
Does a fixed-term exclusion still exist in England?
The term "fixed-term exclusion" is no longer used in current DfE statutory guidance. As of September 2022, it was replaced by the term "suspension" to make the distinction from permanent exclusion clearer. If your child received a "fixed-term exclusion" letter issued before 2022, this is equivalent to a suspension under current terminology. Schools issuing exclusion letters after September 2022 should use the term "suspension" in their correspondence.
What is an Independent Review Panel (IRP)?
An Independent Review Panel (IRP) is an external panel — independent of the school and its governing board — that can review a permanent exclusion decision if parents request one after the governing board has upheld the exclusion. The IRP has three options: it can uphold the governing board's decision, recommend that the governing board reconsiders, or direct the governing board to reconsider. Crucially, the IRP cannot directly reinstate a pupil — but if it directs reconsideration and the governing board still refuses to reinstate, the school must pay a financial penalty to the local authority.
Are academies and free schools subject to the same exclusion rules as maintained schools?
Yes. The DfE's statutory guidance on suspensions and permanent exclusions applies to all state-funded schools in England, including maintained schools, academies, free schools and pupil referral units (PRUs). The same legal framework governs how exclusions are issued, reviewed and challenged, regardless of the school's type. Independent (fee-paying) schools are not bound by the same statutory framework but will have their own exclusion policies as part of their registration conditions.
What education must be provided during an exclusion?
During the first five school days of any exclusion — whether a suspension or permanent exclusion — the school must take reasonable steps to set and mark work for the pupil. From the sixth school day onwards, the duty shifts: for a suspension, the school or local authority must arrange suitable full-time education; for a permanent exclusion, the local authority has the statutory duty to arrange full-time education. This provision might include a pupil referral unit (PRU), an alternative provision academy, home tuition or another suitable arrangement.
Can a school send a child home informally without issuing a formal exclusion?
No. Sending a child home for disciplinary reasons without following the statutory exclusion process is unlawful. Schools must issue a formal suspension notice every time a pupil is excluded from the school premises for disciplinary reasons. Informal "cooling off" arrangements that bypass the statutory process deny parents and pupils their legal rights. If you believe your child has been sent home without a formal exclusion notice, you can raise this with the headteacher in writing and, if necessary, escalate through the school's complaints procedure or to the local authority.
