Form SEND26A: Challenge a School Exclusion UK

What this document is

SEND26A is the tribunal claim form parents use when they believe a permanent exclusion amounted to disability discrimination under the Equality Act 2010. The SEND Tribunal has jurisdiction over disability discrimination claims against schools in England, whether the school is maintained by a local authority, an academy or free school, or an independent school.

The tribunal can consider claims that a school treated a disabled pupil unfavourably because of something arising from their disability, failed to make reasonable adjustments, or treated a pupil less favourably than others. A successful claim will not reinstate your child automatically, but the tribunal can order a range of remedies, including a declaration that discrimination occurred, an apology, staff training, or changes to school policies.

Time limits are tight. In most cases the claim must be brought within six months of the act complained of, so acting quickly matters. The form itself is structured into clear sections covering your child, the school, you as claimant, the facts of the exclusion, and the nature of the disability.

How to use this document

1. Gather your child's details and paperwork. Before opening the form, collect your child's full name, date of birth, and the names of anyone else with parental responsibility. Pull together the exclusion letter from the school, any governors' review papers, medical reports, an EHC plan if there is one, and any correspondence showing concerns you raised about support for your child's disability.
2. Identify the correct respondent. Section 2 asks who you are claiming against. This is the school, not the local authority or an individual teacher. You will need the full school name, address, and the type of school (maintained, academy or free school, or independent). Getting this wrong can cause delays, so check the school's website or a recent letter for the exact legal name.
3. Set out what happened in plain terms. Section 4 asks you to describe the exclusion, including dates, the reasons the school gave, and the steps the school took. Write it chronologically. Stick to facts and what was said or written at the time. If there were earlier fixed-term exclusions or behaviour incidents linked to the disability, include them because context matters to the tribunal.
4. Explain the disability and its effects. Section 7 is where you describe your child's disability and how it affects them day to day. Be specific about sensory, communication, behavioural, or cognitive impacts. Attach any diagnostic letters, educational psychologist reports, or an EHC plan. The tribunal needs to understand both the disability and the link between it and the conduct that led to exclusion.
5. Check the deadline and submit. If you are filing outside the standard time limit, use Section 6 to explain why and why the tribunal should still hear the claim. Keep a copy of everything you send. Once submitted, the school will be asked to respond, and the tribunal will set out next steps including any case management hearing.

Common questions