Education Law UK 2025 — School Exclusions, SEN & Appeals Guide
Last reviewed: May 2025 — Information applies to England and Wales
Your rights in education law including school exclusions, special educational needs (SEN), EHCP, admissions appeals, and university complaints.
Your rights in education law including school exclusions, special educational needs (SEN), EHCP, admissions appeals, and university complaints.
School Admissions in England
Every child in England has a legal right to a full-time education from the term after their fifth birthday to their 16th birthday. Local authorities and schools must comply with the School Admissions Code 2021 and the School Admissions Appeals Code when allocating school places and managing appeals. The admissions process typically involves applying through your local authority (LA) during the autumn term for September entry, with National Offer Day on 1 March for secondary schools and 16 April for primary schools.
Oversubscription Criteria
When a school receives more applications than it has places, it must apply published oversubscription criteria in a strict order. Common criteria include: looked-after children and previously looked-after children (must be given highest priority under the Code), siblings already at the school, children of staff, proximity to the school (measured by a defined method), and — for faith schools — attendance at a place of worship. Schools cannot give priority based on ability or aptitude except in designated selective (grammar) schools or partially selective schools.
Appealing a School Place Refusal
If your child is refused a place at your preferred school, you have the right to appeal to an independent appeal panel. Appeals must be lodged within 20 school days of the refusal letter. The panel considers two stages: first, whether the school's admission arrangements complied with the Codes and were correctly and impartially applied; second, a balancing exercise weighing the prejudice to the school of admitting an additional pupil against the prejudice to your child of not being admitted. You should present all evidence of why your preferred school is the right choice — medical needs, transport difficulties, sibling links, and specific educational provisions.
School Exclusions
A headteacher can exclude a pupil for a fixed period (up to 45 school days per academic year in total) or permanently. Exclusion must be for a disciplinary reason and must be a proportionate response. Schools must follow the DfE's Suspension and Permanent Exclusion Guidance (2023). Parents have the right to make representations to the school's governing board within 15 school days of a permanent exclusion, and — if the board upholds the exclusion — to request a review by an independent review panel (IRP).
Special Educational Needs and Disabilities (SEND)
Children and young people with special educational needs or disabilities have enhanced legal rights under Part 3 of the Children and Families Act 2014 and the SEND Code of Practice 2015. Local authorities must identify, assess, and make provision for children with SEND from birth to age 25.
Education, Health and Care Plans (EHCPs)
An EHCP is a legally binding document for children and young people with significant SEND who need more support than a school can provide from its own resources. The plan is maintained by the local authority and sets out the child's needs, the educational outcomes sought, and the specific provision that must be made. The EHCP process begins with a needs assessment request — any parent or young person can request this from the local authority. The LA must complete the needs assessment and either issue a plan or give reasons for not doing so within 20 weeks of receiving the request. Once issued, the EHCP must be reviewed annually.
SEND Tribunal Appeals
Parents and young people can appeal to the First-tier Tribunal (Special Educational Needs and Disability) — known as the SEND Tribunal — against a range of LA decisions including: refusal to carry out an EHC needs assessment, refusal to issue an EHCP, the contents of an EHCP (Section B needs, Section F provision, and Section I school name), and refusal to amend the plan following a review. Appeals must be lodged within two months of the LA's decision. SENDIST decisions are legally binding on the local authority.
School Attendance and Absence
Parents are legally required to ensure their child of compulsory school age receives a suitable full-time education under section 7 of the Education Act 1996. Unauthorised absence can lead to a Fixed Penalty Notice (FPN) of £80 per parent per child (rising to £160 if not paid within 21 days), prosecution in the magistrates' court, or — in cases of persistent absence — an Education Supervision Order or a Parenting Order. The government updated attendance rules in August 2024, setting a national threshold of 10 sessions (five days) of unauthorised absence per term before a FPN can be issued.
Home Education
Parents in England have the right to educate their children at home under section 7 of the Education Act 1996, which allows education "otherwise than at school." Local authorities have a duty to make enquiries where they believe a child is not receiving a suitable education, but there is no requirement for home-educated children to follow the national curriculum, sit SATs, or GCSEs. As of 2024, the Children Not in School register — to be established under the Children's Wellbeing and Schools Act 2025 — will require local authorities to maintain registers of home-educated children.
University and Higher Education Rights
Students at universities and other higher education providers regulated by the Office for Students (OfS) have consumer rights under the Consumer Rights Act 2015. This means the university must deliver the course as described, and cannot make significant changes to the course after enrolment without your agreement. If you have a complaint about your university — grades, student support, accommodation, or discrimination — you must first exhaust the university's internal complaints procedure before escalating to the Office of the Independent Adjudicator for Higher Education (OIA), which provides a free external complaints service.