School exclusions: everything primary-school parents need to know

No, the same procedures apply. But be aware that schools can have differing opinions on what sort of incidents justify exclusion. These should be clearly set out in their behaviour policy and made available for parents to see.

Lawyer Anita Chopra, an expert in educational issues and partner at Match Solicitors, says: ‘A lot of schools have zero tolerance on violence, drugs, alcohol and offensive weapons – these can be real triggers as far as permanent exclusion goes, as can persistent bad behaviour and breaches of the behaviour policy.’

Many of these are issues that affect secondary schools rather than primary schools, which explains why secondary schools have higher rates of exclusion. But the rules surrounding the exclusion process are exactly the same for primary schools.

It's not unusual for parents to feel that their child has been unfairly excluded. In this case, you may want to appeal the decision. Grounds for appeal include:

• If the exclusion is 'informal' – for example, if the child has been sent home to 'cool off' rather than being officially excluded. This is unlawful, even if you agree to the exclusion.
• If the child has been discriminated against because of their sex, race, disability (including special educational needs), religion or beliefs, sexual orientation or gender reassignment.
• If the child is excluded because of their academic ability or attainment.
• If the pupil is excluded because of their parents' actions (e.g. if they've threatened a member of staff).

In addition, if you're not notified of your child's exclusion in writing, including details of the duration of the exclusion, the reasons for it, and your right to appeal, their exclusion is unlawful and may be overturned.

It's also unlawful to exclude a child for an unspecified length of time.

If your child is excluded for a fixed term over five days, or if they're going to miss a public exam or a National Curriculum test (such as SATs), you can ask the school's governing body to overturn the headteacher's decision.

If they're excluded for fewer than five days, you can make a complaint to the governors, but they can't overturn the decision. ‘You may not be granted a hearing, but if you think your child has been unfairly treated, you can write a letter outlining your reasons and ask for it to be kept on your child’s school file,' says Anita.

If your child is permanently excluded from school, you’ll be invited to a review meeting with the governors within 15 school days.

If the governors don’t overturn the exclusion, you can ask for an independent review by your local council (or the academy trust, if the school is an academy). The governing body will tell you how to do this.

If your child is still excluded, you can ask the Local Government Ombudsman (or the Education and Skills Funding Agency if the school’s an academy or free school) to look at whether your case was handled properly. 

This is not categorised as an exclusion. If a child is told to go home to change out of shoes or clothing which don’t adhere to the school’s stated uniform policy, the action by the school is called an authorised absence. 

‘An exclusion is seen as a blot on a child's record,’ says Anita. ‘But the circumstances of how it came about should be considered carefully by any prospective headteacher, as well as any representations that have been made by the parent against the exclusion.

'In reality, it rarely affects the child’s future education unless they are permanently excluded twice from different schools.’

For more information about school discipline and school exclusions read the Department for Education's guide to making a complaint about an exclusion, get free legal advice from the Coram Children's Legal Centre or contact ACE Education Advice & Training, an organisation that provides independent advice and information for parents on education issues in England.