Suspension, permanent exclusion and sixth-day provision explained

This page summarises what GOV.UK and the Department for Education's statutory guidance on exclusions say. The guidance is long and the details matter, so read the official pages linked at the bottom, and ask your school, your local authority or your local SENDIASS service about your own situation.

Suspension and permanent exclusion

GOV.UK describes a suspension as a child being removed temporarily from school, for up to 45 school days in one school year. Permanent exclusion means your child is no longer allowed to attend that school.

What "sixth day" means

The sixth school day is the point at which suitable full-time education must be in place. GOV.UK says:

• For a suspension longer than five school days, the school must arrange suitable full-time education from the sixth school day, for example at a pupil referral unit.
• For a permanent exclusion, your local council must arrange full-time education from the sixth school day.

The statutory guidance uses "alternative provision" to mean this suitable full-time education. For a suspension of more than five school days it says the governing board (or, for a pupil suspended from a PRU, the local authority) must arrange it, and it must begin no later than the sixth school day (paragraph 108). For a permanent exclusion it says the local authority must arrange it, to begin from the sixth school day after the first day of the exclusion (paragraph 109). Consecutive suspensions count together towards the five days.

The guidance also says provision does not have to be arranged for a pupil in the final year of compulsory education who has no further public examinations to sit (paragraph 112). Where it is not possible or not appropriate to arrange alternative provision during the first five school days, it says the school should take reasonable steps to set and mark work for the pupil (paragraph 114).

The first five days

GOV.UK says that for the first five school days of an exclusion it is the parent's responsibility to make sure the child is not in a public place during normal school hours. The statutory guidance explains that these are the first five school days of the suspension or permanent exclusion, or until any full-time alternative provision starts or the suspension ends if that is earlier. It says a parent who fails to comply without reasonable justification commits an offence (paragraphs 85 and 86). The headteacher must tell parents which days this applies to without delay and, at the latest, by the end of the afternoon session on the first day.

If alternative provision is being arranged, that notice must include, where it can reasonably be found out in time, the start date, the start and finish times, the address and who the pupil should report to on the first day (paragraph 87). If this is not known by the end of the first day it can follow in a later notice, which must be given without delay and no later than 48 hours before the provision is due to start. The exception is provision that begins before the sixth day, where the information can be given with less than 48 hours' notice with the parents' consent (paragraph 88).

If provision is not arranged

GOV.UK says you may complain if alternative education is not arranged within five days. Your local authority's education or inclusion team is the place to start.

Send and disability

GOV.UK says schools are not allowed to suspend or permanently exclude a pupil because they have a disability or additional needs the school cannot meet. If this may apply, speak to your local SENDIASS service.

Challenging a decision

GOV.UK has a separate page on challenging an exclusion. It is the right place to check how to make representations and any time limits, because they depend on the type of school and the decision.

Finding provision

During a placement, the school or local authority normally decides and arranges the provision. Our guide on how placements are arranged explains why, and how to read the access information on each provider page.