Can a nursery or school refuse, exclude or send home an autistic child?

Can a nursery or school refuse or exclude a child because they are autistic?

No. Turning a child away or excluding them because they are autistic is direct disability discrimination (Equality Act 2010, section 13). DfE's advice for schools says direct discrimination cannot be justified "in any circumstances" (DfE Equality Act advice, 4.8).

The harder cases involve things linked to a child's autism, such as behaviour, toileting or support needs. Treating a disabled child unfavourably "because of something arising in consequence of" their disability is discrimination unless it is "a proportionate means of achieving a legitimate aim" (section 15). The EHRC's code for service providers, such as nurseries, says they must bring evidence, "not rely on generalisations", and that if they failed to make a reasonable adjustment that would have prevented or reduced the problem, "it will be very difficult" to justify (EHRC code, 6.19 and 6.22).

Reasonable adjustments are changes to how you do things, or extra aids and services, so a disabled child is not put at "a substantial disadvantage" (section 20). The duty is anticipatory: plan for what disabled children might need before a particular child arrives (SEND Code of Practice, 5.10 and 6.9).

A disabled pupil can still be suspended, but the Equality Act and SEN duties "need to be complied with when deciding whether to exclude a pupil" (DfE suspension and exclusion guidance).

Does the child need a diagnosis?

No. Disability means a physical or mental impairment with "a substantial and long-term adverse effect" on normal day-to-day activities (section 6). The EHRC's code, in force since 5 August 2026 (GOV.UK), names autism as a mental impairment and says "There is no need for a person to establish a medically diagnosed cause". A setting only needs to know the facts of a child's difficulties, not that they meet the legal definition (EHRC code, 6.25 and appendix). A child waiting for an autism assessment can still be protected.

What does the Equality Act say for each type of setting?

Schools and early years providers have the same core duties.

Two more rules apply:

• A contract term is unenforceable "in so far as it constitutes, promotes or provides for" treatment the Act prohibits (section 142), so a notice clause cannot make a discriminatory decision lawful.
• A provider cannot require a disabled person to pay "to any extent" the cost of reasonable adjustments (section 20(7)).

What should a nursery or childminder do before saying "we can't meet their needs"?

Ask for help first. The EHRC's code gives the example of a private nursery that refuses a child with seizures because staff are not trained: this "could be discrimination arising from disability" unless the nursery can justify it. Being "denied a service or given a poorer service" is also unfavourable treatment (EHRC code, 6.5 and 6.10). Sending a child home early, or cutting their hours, because of behaviour linked to autism could count too.

If a child needs more than your ratios and budget allow, ask the council:

• SEN Inclusion Fund (SENIF): every council must have one for children below compulsory school age with SEN, "regardless of the number of hours taken", partly "to help providers offer places for these children". Councils should publish how to apply (DfE early years funding guide 2026 to 2027).
• Disability Access Fund: at least £975 a year for a child who gets DLA and takes up any funded hours, paid to their main setting and usable for reasonable adjustments and staff training (same guide).
• Area SENCO: councils "often make use of Area SENCOs" for advice, training and "day-to-day support for setting-based SENCOs" (SEND Code of Practice, 5.55 to 5.56).
• Experts at Hand: launching from September 2026, it brings specialists such as speech and language therapists into mainstream settings, including nurseries and childminders, and children "will not need a diagnosis" (DfE).

Charging. Statutory guidance says councils must take all steps available to stop providers charging parents "additional support costs" for children with SEND within funded hours, or as a condition of a funded place (DfE early education and childcare guidance, A1.38).

Nappies. No law lets a nursery or school refuse a child because they are not toilet trained. If it is linked to their autism, refusing them could be discrimination under section 15, and the EYFS already requires changing facilities for "any children who are in nappies" (EYFS group framework, 3.88). See our guide on toileting and intimate care.

When is sending a child home from school a suspension?

When it is because of behaviour, always. DfE's statutory suspension and permanent exclusion guidance, in force from 26 July 2026, covers maintained schools, academies and pupil referral units, including nursery classes and pupils below compulsory school age. It does not cover independent schools, which have their own procedures, or private nurseries and childminders. It says (DfE suspension and exclusion guidance):

• "Telling or forcing a pupil to leave school, or not allowing them to attend school, is a suspension (if temporary) or permanent exclusion (if permanent)" (para 18).
• Sending a pupil home for disciplinary reasons and asking them to log on "should always be recorded as a suspension" (para 8).
• Only the headteacher can suspend (para 1). A half-day suspension is allowed, but the formal process applies and each one "must be confirmed to the parents in writing" with the reasons (para 19).
• "It would also be unlawful to exclude a pupil simply because they have SEN or a disability that the school feels it is unable to meet" (para 20).
• Off-rolling includes "placing a pupil on a part-time timetable for behavioural reasons" (para 21).

It also warns that "if reasonable adjustments have not been made for a pupil with a disability that can manifest itself in breaches of school rules if needs are not met, a decision to exclude may be discriminatory", and that adjustments "can, in principle, apply" to sanctions (para 70). With an EHC plan, the school should contact the council early and "consider requesting an early annual review prior to making the decision to suspend or permanently exclude". Without one, it should review support with specialists, which "may provide a point for schools to request an EHC assessment" (para 73).

Can a school put an autistic child on a part-time timetable?

Only in limited cases. DfE's attendance guidance (July 2026) says a temporary part-time timetable is for "very exceptional circumstances, where it is in a pupil's best interests", and "should not be used to manage a pupil's behaviour" (para 66). It should:

• have "the agreement of both the school and the parent the pupil normally lives with";
• be part of the child's wider support, health care or reintegration plan;
• have regular reviews that include the child and their parents, and a proposed end date (para 67).

If the child has an EHC plan, the school should discuss the timetable with the council so support can be reviewed "as swiftly as possible" (para 69). For pupils with SEND, schools are also expected to consider reasonable adjustments and "a time-limited phased return" (para 59) (DfE attendance guidance). The exclusion guidance adds that a part-time timetable "must only be in place for the shortest time necessary" (para 33).

What about reception?

The attendance rules are for pupils of compulsory school age. A child reaches it on 31 December, 31 March or 31 August after their fifth birthday, so children starting reception at the usual age begin below it, and summer-born children stay below it all year. Until then, a child is "entitled to a full-time place", and "where the parents wish, children may attend part-time" (School Admissions Code 2021, 2.17 and footnote 56). At that age, part-time attendance is the parents' choice, not the school's.

What should we do instead of sending a child home?

DfE's behaviour guidance says schools should "anticipate likely triggers of misbehaviour and put in place support to prevent these", and consider whether a pupil's SEND contributed before deciding whether a sanction is "appropriate and lawful" (DfE behaviour in schools guidance). The same steps work in nurseries.

1. Review what happened. Look at what came before, during and after, and what the behaviour may have been telling you, for example with an ABC chart. Our guide on meltdowns and distress covers the moment itself.
2. Adjust. Change the triggers you can, such as noise, waiting, transitions, seating or lunchtime. DfE's examples include "short, planned movement breaks". Note whether each change helped.
3. Involve the SENCO and specialists. With the parents' agreement, ask the SENCO, area SENCO, Experts at Hand, an educational psychologist or a speech and language therapist (SEND Code of Practice, 5.48 and 6.59).
4. Plan with the parents. The SEND Code says "parents know their children best" (5.5). Agree the support, what it should change and "a clear date for review" (6.48).
5. Ask for more help. In nursery, apply for SENIF or the Disability Access Fund. With an EHC plan, ask the council for an early review. Without one, a school can request an EHC needs assessment, and a nursery or childminder can bring the child to the council's attention, with the parents' knowledge (SEND Code, 9.8 and 9.9).

For SEN support in school, see our guide on reception and Key Stage 1; for nurseries, see supporting an autistic child in nursery.

How often are autistic children suspended, and what does the research say?

In 2024/25, primary pupils in England whose primary need was recorded as autism had 9.77 suspensions per 100 pupils, compared with 0.52 per 100 for primary pupils with no identified SEN (DfE suspensions and permanent exclusions statistics). In the same year, there were 109 permanent exclusions of primary pupils whose primary need was autism. State-funded schools also recorded 22,290 suspensions of pupils in Year 1 and below.

Research on preventing exclusion is limited and mostly involves older pupils. In a study of nine autistic students, average age 13, interviewees linked past exclusions to unmet needs and inappropriate approaches by previous school staff. It identified four keys to a successful return: big changes to the environment, strong staff relationships, understanding each student's needs and work on wellbeing (Brede et al. 2017). British surveys of children's mental health found exclusion and psychological distress linked in both directions (Ford et al. 2018).

Where can staff and families get advice?

For staff:

• Your SENCO, and in early years the area SENCO or council early years inclusion team, who handle SENIF and the Disability Access Fund.
• The council's SEN or inclusion team, if a child has an EHC plan, or before a part-time timetable, shorter day or exclusion.
• Specialists such as Experts at Hand, educational psychology and speech and language therapy.
• Free training: DfE's SEND and inclusion training for mainstream schools and the DfE-funded early years inclusion courses.
• SEND legal advice on a particular child, from your council, trust or a SEND legal adviser, before you act.

For families (staff can pass these on):

• SENDIASS: free, impartial local advice, including on exclusions. DfE says every exclusion letter "should include details of the local service" (DfE guidance, para 95).
• IPSEA: free legal advice on SEND law in England.
• SOS!SEN: a free, term-time helpline.
• The National Autistic Society and Contact, the charity for families with disabled children.

Our parent guides on when school is hard and requesting an EHC needs assessment explain these rules for families.