
SANCTION GUIDELINES
ALN or Protected Characteristics
(WG 1.6 – 1.7)
This summary highlights essential considerations when deciding whether to exclude a learner with Additional Learning Needs (ALN), including links to relevant legislation and duties under the Equality Act 2010 and the Additional Learning Needs Code for Wales.
Summary Checklist for Headteachers
Before proceeding with exclusion of a learner with ALN:
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Has the ALN Code been followed and is the pupil supported by or under assessment for an IDP?
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Have reasonable adjustments been documented and implemented?
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Has exclusion been justified as proportionate and not discriminatory?
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Has there been consultation with the local authority and/or relevant professionals?
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Have parents been informed of their rights and support services?
Legal Obligations and Reasonable Adjustments
When considering exclusion for a learner with ALN, headteachers must demonstrate that:
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The decision was a proportionate means of achieving a legitimate aim.
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All reasonable adjustments to support the learner’s needs were made prior to exclusion.
Equality Act 2010, Section 20–21 and C & C v. Governing Body of a School [2018] UKUT 269 AAC
Use of the ALN Code and IDP Process
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Headteachers must refer to the Additional Learning Needs Code for Wales when dealing with learners with ALN, including behavioural or emotional needs (see 1.16.2).
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If a learner is being considered for exclusion and is already under assessment for ALN or has an Individual Development Plan (IDP), the school must take this into account.
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Permanent exclusion of a pupil with an IDP should be avoided in all but the most exceptional circumstances (see 1.16.3).
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If an IDP is local authority-maintained, schools must liaise with the LA to review support before excluding (see 1.16.4–5).
Key Reference: Additional Learning Needs and Education Tribunal (Wales) Act 2018
Discrimination Considerations Under the Equality Act 2010
Headteachers must ensure that the exclusion process complies with the Equality Act 2010, which protects against:
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Direct discrimination (e.g. excluding a pupil because they have ALN or a disability)
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Indirect discrimination (e.g. applying a behaviour policy that unfairly disadvantages disabled pupils)
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Discrimination arising from disability (e.g. excluding a pupil for behaviour linked to their condition without proper justification)
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Failure to make reasonable adjustments
Schools must show that any exclusion is not based on a protected characteristic and is justifiable (see 1.17.3–1.17.10).
Protected Characteristics include: disability, race, sex, religion or belief, sexual orientation, and others.
Decision-Making Expectations
Before making any exclusion decision involving a learner with ALN or a disability:
Review the school’s own ALN and behaviour policies to ensure alignment with legal duties (see 1.17.15).
Consult with local authority professionals where needed, and document all steps taken.
Ensure the decision does not reflect any form of discrimination, whether direct, indirect, or perceived.