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<p>Schools have a legal duty under the Equality Act (2010) not to discriminate against
disabled pupils by excluding them from school because of their disability. Any exclusion
must be lawful, reasonable and fair, but within these requirements, schools need to
be able to set and enforce behaviour policies that reflect their ethos and the specific
challenges they face.</p><p>The law does not prevent a pupil with special educational
needs (SEN) or a disability from being excluded. Schools are required to record and
return information on all exclusions which includes, if applicable, the SEN of the
pupil. The Department will continue to support headteachers in creating safe and orderly
environments that enable teachers to teach and pupils to learn.</p><p>Schools can
only exclude pupils, either permanently or for a fixed period, for disciplinary reasons
and the Department supports schools in using exclusion where this is warranted. Permanent
exclusion should only be used as a last resort, in response to a serious breach or
persistent breaches of the school's behaviour policy, and where allowing the pupil
to remain in school would seriously harm the education or welfare of the pupil or
others in the school.</p><p>The Timpson Review of school exclusion considered how
schools use exclusion and how this impacts on all pupils, particularly why some groups
of children are more likely to be excluded from school. The review and the Government
response can be found here: <a href="https://www.gov.uk/government/consultations/school-exclusions-review-call-for-evidence"
target="_blank">https://www.gov.uk/government/consultations/school-exclusions-review-call-for-evidence</a>.</p><p>The
Government welcomes the review and agrees with all 30 recommendations in principle.
The Government is committed to supporting schools and their partners and will be taking
forward an ambitious response which respects headteachers’ powers to use exclusion,
whilst equipping schools to support children at risk of exclusion.</p>
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