Question to the Department for Education:

To ask the Secretary of State for Education, who is responsible for recording and responding to unlawful practices relating to the exclusion from school of children with autism.

There are clear duties in place to ensure that all exclusions are lawful, reasonable and fair.

The Department statutory guidance on exclusion: ‘Exclusion from maintained schools, Academies and pupil referral units in England’ covers the process from start to finish, and includes specific requirements in relation to pupils with Special educational needs and disabilities (SEND). In particular, 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/Statement.

There are safeguards in place to ensure schools follow these rules. This includes a process by which all decisions to exclude can be (and in the case of longer or permanent exclusions, must be) reviewed by the schools’ governing board. For permanent exclusions, parents can also request a review of the decision by an independent review panel, who can direct or recommend that the governing board reconsider their decision. Parents also have the right to request a special educational needs expert who can advise the review panel, impartially, of the relevance of special educational needs to the exclusion.

We expect all schools to adhere to these rules and we will be reminding schools of their responsibilities.