Attendance and Exclusions in Torbay
Attendance, Suspensions and Permanent Exclusions
On this page, you’ll find information and practical advice about support for special educational needs and disabilities (SEND) in Torbay school settings.
Attendance and Exclusions in Torbay
This page provides information and practical advice about the Education, Health, and Care Plan (EHCP) appeals process and SEND tribunal.
Attendance needs
Some children with SEND may struggle to attend school due to anxieties or difficulties related to their needs. This may manifest as emotional distress, physical complaints, or threats of self-harm.
School Responsibilities
Schools have a legal duty under the Children and Families Act 2014 to identify and support any special needs your child may have. If your child struggles to attend school, the school should offer appropriate support or further investigate their SEND.
Reduced and Part-Time Timetables
Schools have a statutory duty to provide full-time education. In exceptional circumstances, a reduced timetable may be proposed to support a pupil's needs.
Key Points to think about:
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Part time timetables
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Must have parent agreement.
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Are not a long-term solution (usually a maximum of 6 weeks).
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Should plan towards increasing school time.
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Needs a time limit and regular review.
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Must be agreed by all parties involved (including the local authority).
Exclusions
Only the head teacher of a school (or the teacher in charge of a pupil referral unit or the principal of an academy) can exclude a pupil.
There are only two types of exclusion from a school which are lawful: permanent and fixed-period (which is called a “suspension”). Pupils could be excluded or suspended for a fixed term (for a specific number of school days) or permanently excluded.
An exclusion or suspension for a fixed period cannot lawfully be rolled into or ‘converted’ into a permanent exclusion:
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In exceptional cases (usually where further evidence has come to light) a further suspension may be issued to begin immediately after the first period ends, or a permanent exclusion may be issued to begin immediately after the end of the suspension.
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However, the new suspension or permanent exclusion must be separate from the suspension before and may be issued only in exceptional circumstances.
Any exclusion of a pupil, even for a short period of time, must be formally and accurately recorded.
Pupils can only be excluded for disciplinary reasons. They cannot be excluded because a school, pupil referral unit (PRU) or academy cannot meet their needs or for something which their parents did or did not do.
In addition, maintained schools have certain powers to direct pupils off-site for education to improve their behaviour. Academies have similar powers if their Articles of Association (the terms that say how they are to run) are written to include this. There are regulatory requirements about directing pupils off-site which apply to maintained schools and which represent good practice for Academies.
‘Informal’ or ‘unofficial’ exclusions/suspensions, such as sending a pupil home to cool off, are unlawful even if a parent or carer agrees to it.
Suspensions/ Fixed Term Exclusion
Child is not allowed to attend school for a set number of days.
Maximum of 45 days in a school year.
Alternative education must be provided after five days.
Permanent Exclusion
Child is not allowed to return to their school.
The local authority must find alternative education from the sixth day.
Disagreeing with an Exclusion
If you disagree with an exclusion you can:
Make Representations: Attend a meeting with the governing body to give your views.
Independent Review Panel (IRP): You can request a review if the governing body upholds the exclusion.
SEND Expert: You can request a SEND expert at the IRP.
Disability Discrimination: You can make a claim to the first-tier tribunal if you feel the exclusion related to disability discrimination under the Equality Act 2010.
Help with physical or personal care needs.
One-to-one assistance with literacy, maths, or speech and language.
For more information on excel and support please see Torbay’s graduated response toolkit
This page provides information and practical advice about the EHC needs assessment process, existing EHCPs, and the review process.
Children with SEND can experience difficulties attending school for many different reasons. If your child’s SEND, physical health or mental health is affecting their attendance, the school should work with you and your child to understand the barriers and consider appropriate support.
This page also explains your child’s rights if they are suspended or permanently excluded from school.
SEND and difficulties attending school
Difficulties attending school can sometimes be linked to unmet special educational needs, disability, physical or mental health needs, bullying or other difficulties at school.
Schools should work with you and your child to understand the reasons for absence and consider what support is needed.
For a child with SEND, this could include:
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reviewing their SEN Support
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reviewing the provision in their EHCP
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seeking further professional advice
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making reasonable adjustments
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considering changes to the school environment or support
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considering your child’s views about what is making attendance difficult.
The current statutory attendance guidance says schools should work with pupils and parents to address barriers to attendance and work with other services where additional support is needed.
Working together to improve school attendance – statutory guidance
Part-time timetables
Children of compulsory school age are entitled to a full-time education suitable for their age, ability, aptitude and any special educational needs they may have.
In very exceptional circumstances, a school may use a temporary part-time timetable where this is in the child’s best interests and is needed to meet their individual needs.
A part-time timetable:
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should be temporary
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should have a clear reason
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should have regular reviews
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should include a plan for returning to full-time education when appropriate
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must not be used to manage a child’s behaviour.
A part-time timetable shouldn’t be used simply because a school says it can’t meet a child’s needs.
If your child’s health means they can’t access full-time education, there may also be duties on the local authority under Section 19 of the Education Act 1996. See our Medical Needs and Education page.
Suspensions and permanent exclusions
There are two types of formal exclusion from school:
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Suspension – your child is temporarily excluded for a specified period.
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Permanent exclusion – your child is permanently removed from the school.
Only the headteacher can suspend or permanently exclude a pupil on disciplinary grounds.
The school must follow the statutory procedure and tell you about the decision, the reasons for it and your rights to make representations.
Informal exclusions
A school shouldn’t ask you to take your child home to “cool off”, keep them at home because it can’t meet their needs, or prevent them attending without using the proper legal process.
If your child is sent home for disciplinary reasons, this must be recorded as a formal suspension.
This applies even if you agree to take your child home.
The new Ofsted inspection guidance also identifies not allowing a pupil to attend normally without a formal suspension or permanent exclusion as a potential form of off-rolling.
SEND and exclusion
A child can be suspended or permanently excluded if they have SEND or a disability. However, a school cannot suspend or permanently exclude a child simply because they have additional needs or because the school says it can’t meet those needs.
Where a child has SEND, the school should consider what additional support or alternative approaches may be required.
If your child is disabled under the Equality Act 2010, the school must also comply with its duties under that Act, including the duty to make reasonable adjustments.
If you think your child’s suspension or permanent exclusion is connected to disability discrimination, see our Disability Discrimination page.
Suspensions
A child can be suspended for one or more fixed periods.
A child cannot be suspended for more than 45 school days in total during one school year. There is no set limit on the number of individual suspensions within that total.
For the first five school days, the school should take reasonable steps to set and mark work for your child.
For a suspension of more than five school days, suitable full-time education must be arranged from the sixth school day.
Permanent exclusion
Permanent exclusion means your child is no longer allowed to attend the school.
For a permanent exclusion, the local authority must arrange suitable full-time education from the sixth school day following the exclusion.
If you disagree with a suspension
Your rights depend partly on the length and circumstances of the suspension.
You can make representations to the governing board about a suspension.
For some suspensions, the governing board must consider if your child should be reinstated. For shorter suspensions, you can still ask the governors to consider your views even where they don’t have the power to overturn the headteacher’s decision.
Your suspension letter should explain your rights and what you need to do.
GOV.UK – Challenging a suspension or permanent exclusion
If your child is permanently excluded
The governing board must consider a permanent exclusion and decide if your child should be reinstated.
If the governing board upholds the permanent exclusion, you can request an Independent Review Panel (IRP).
When requesting an IRP, you can ask for an SEN expert to attend. You can request an SEN expert even if your child hasn’t previously been identified as having SEN.
An IRP doesn’t simply reconsider the case as if it were making the original decision. It reviews the governing board’s decision and has specific legal powers.
Disability discrimination
If you believe your child has been discriminated against because of disability in connection with a suspension or permanent exclusion, you may be able to make a disability discrimination claim to the First-tier Tribunal (SEND).
There is generally a six-month time limit for making a disability discrimination claim.
See our Disability Discrimination page for more information.
Current guidance
Suspension and permanent exclusion – statutory guidance, July 2026
GOV.UK guide for parents on school behaviour and exclusion
Torbay Council – suspensions and permanent exclusions
Getting advice from SENDIASS Torbay
If your child’s SEND is affecting their attendance, or your child has been suspended or permanently excluded, SENDIASS Torbay can provide free, confidential and impartial information, advice and support.
