Suspension from school in Northern Ireland

Children on the autism spectrum may face suspension from school. This is the decision taken by school that they are temporarily unable to attend the school premises.

What is a suspension?

Suspension involves a pupil being kept away from the school for a fixed period. It is a punishment for a breach of the school’s discipline policy.

A suspension can only be made by:

the principal of a school
the vice-principal
another member of staff acting in one of these roles.

A pupil may be suspended for one or more fixed periods of up to five days up to a maximum total of 45 school days in a single academic year. The five day periods can only be extended with approval from the chair of the school’s board of governors. The school must give you written notification of the reasons for the extension, and the length of it. This information must also be given to the Education Authority (EA) and for pupils attending a Catholic maintained school, the Council for Catholic Maintained Schools (CCMS).

The length of the suspension should be proportionate to the incident or offence and take individual circumstances into account. It should be for the shortest time possible to prevent difficulties with your child’s reintegration.

Suspension for an indefinite period of time or for any purpose other than punishment for disciplinary reasons is unlawful.

When and why can a principal suspend a pupil?

Guidance from the Department of Education states that a decision to suspend a pupil should only be taken:

when allowing the pupil to remain in school would pose a serious threat to the health and safety of other pupils and staff
after a range of strategies to modify the pupil’s behaviour have been tried and failed
where there have been serious breaches of the school's discipline policy
after all relevant facts and evidence have been examined and the pupil and others involved have given their version of events
when a responsible adult is available at home to receive the pupil.

Suspension is not suitable for minor breaches of school rules, such as:

failure to complete homework
lateness or truancy
breaches of school uniform rules
incidents that occur outside school hours and off school premises (except school activities).

Also, a school can’t exclude a child for poor academic performance.

Special educational needs and suspension

Your child may still be suspended if they have special educational needs. However, their special educational needs as well as their age, maturity, home life and other relevant circumstances should be considered before a decision is taken. According to the Approved EA Scheme for the Suspension and Expulsion of Pupils in Controlled Schools:

“it is unlawful for a school to discriminate against a disabled pupil by suspending or expelling him or her for a reason related to his or her disability".

You may feel that your child’s suspension is unfair and that if more appropriate support was in place for your child it could have been prevented.

Read more about getting extra help in school.

The suspension process

Your child’s school will have a scheme that explains the procedures to be followed when a pupil is suspended. You may wish to contact your child’s school, EA regional office or CCMS for a copy.

If your child is suspended for a fixed period, here’s the process:

The principal makes the decision to exclude your child.
They will then let you know in writing, telling you why your child has been suspended and how long the suspension will last.
They will invite you to visit the school to discuss the suspension.
They must notify the EA and the Chair of the School’s board of governors (and local CCMS diocesan office is your child attends a Catholic maintained school).

Meeting with the school to discuss the suspension

The invitation to meet with the school is your opportunity to explain your reasons for disagreeing with the decision.

To help prepare for the meeting ask for copies of:

your child’s school record
any education plans they have (eg Individual Education Plan (IEP) and/or statement)
the school’s discipline and special educational needs policies
the school’s scheme outlining its suspension procedures
any witness statements, including your child’s, if the suspension was as a result of an incident.

You may also want to:

take a friend or adviser for support during the meeting
write down what you would like to say and read it out
make a list of questions you have and tick them off as the meeting progresses.

Informal suspensions

Some schools ask parents to take a pupil home or to keep them home, without officially suspending them.

Parents may have the impression that the school is being compassionate by not adding a suspension to the pupil’s school record. However, this practice can result in pupils losing out on their education and parents losing their right to make representations, either in writing to the governors or in person at a meeting to consider the decision.

‘Informal’ or ‘unofficial’ suspensions such as sending pupils home ‘to cool off’, are unlawful, even if the parents have agreed to it. Any suspension of a pupil, even for short periods of time, must be formally recorded and follow the correct procedure. Suspension for an indefinite period is also unlawful.

If your child is suspended more than once

Suspension should always be a last resort. If your child has been suspended on more than one occasion, especially as a result of his or her behaviour, this could suggest that the right support is not in place.

For example, if your child is suspended for the way they behave it is important to look at why he or she is behaving in that way. Is it anxiety? Are their needs being fully addressed and supported?

If you feel that correct support is not in place, arrange to discuss your concerns with the school.

Education during and after suspension

Your child's school must continue to provide education while they are is suspended. School work should be sent home for your child to complete, and then marked.

The school should liaise with you before, during and after the suspension about your child’s education and return to school.

Your child should be encouraged to make a fresh start and the school should make arrangements to help them catch up with work.

Disagreeing with the suspension

There is currently no independent review or appeals system against a child’s suspension from school.

In limited circumstances, it may be possible to take legal action against the school in relation to your child’s suspension. You should get advice from a solicitor if you are considering this.

How you can make a claim of disability discrimination

If you believe that your child’s autism, or the school’s failure to make reasonable adjustments, exacerbated a situation, you have the right to make a claim of disability discrimination to Special Educational Needs and Disability Tribunal (SENDIST). You can do this even if your child doesn’t have a formal autism diagnosis.

Your child should be considered disabled for the purposes of the Disability Discrimination Act 1995 (as amended by the Autism Act (Northern Ireland) 2011), which defines a disabled person as someone who has a physical or mental impairment that has a substantial and long-term adverse effect on the ability to carry out normal day-to-day activities.

You should believe that the following applies:

the suspension was related to your child's disability
the suspension wasn’t justified and there were other actions the school could have taken
the school could have made reasonable adjustments to prevent the situation that led to the suspension.

If you want to make a claim, you should gather evidence to support your case. You must lodge your claim within six months of the suspension.