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<p>The department publishes statutory guidance on exclusion titled ‘Exclusion from
maintained schools, Academies and pupil referral units in England’. This guidance
covers the entirety of the exclusion process and includes specific requirements in
relation to pupils with Special educational needs and disabilities (SEND).</p><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. Head teachers should
make additional efforts to consider what extra support may be required to avoid exclusion
of pupils with SEND, and as far as possible, should avoid permanently excluding pupils
with an education, health and care plan (EHCP).</p><p>Our statutory guidance is clear
that head teachers should, as far as possible, avoid excluding permanently any pupil
with an EHCP, and that early intervention to address underlying causes of disruptive
behaviour should include an assessment of whether appropriate provision is in place
to support any SEN or disability that a pupil may have. The head teacher should also
consider the use of a multi-agency assessment for a pupil who demonstrates persistent
disruptive behaviour. Such assessments may pick up unidentified SEN but the scope
of the assessment could go further, for example, by seeking to identify mental health
or family problems.</p><p>The government previously committed to revising guidance
on exclusions and behaviour and we will provide an update on plans to publish revised
guidance in due course.</p><p> </p>
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