These assessments show what action government has taken to carry out the United Nation’s (UN’s) recommendations, within the scope of our methodology.
They include recommendations from the UN committees associated with the human rights treaties that the UK government has signed and ratified (agreed to follow), which are:
- International Covenant on Civil and Political Rights (ICCPR)
- International Covenant on Economic, Social and Cultural Rights (ICESCR)
- International Convention on the Elimination of All Forms of Racial Discrimination (CERD)
- Convention on the Elimination of All Forms of Discrimination against Women (CEDAW)
- Convention on the Rights of Persons with Disabilities (CRPD)
- Convention on the Rights of the Child (CRC)
- Convention against Torture and Other Cruel, Inhuman or Degrading Treatment (CAT)
Overview of action taken
Use of exclusions
What we assessed in the recommendation
Review and monitor the use of exclusions in schools. Do more to provide alternatives to exclusion, to stop exclusions being used too much, and to stop exclusions being used disproportionately on ethnic minority and disabled children. Ensure that exclusion is banned in primary schools and only used as a last resort in secondary schools. Ban informal exclusions and so-called ‘off-rolling’.
CERD concluding observations 2024, paragraph 46:
The Committee recommends that the State party: (c) Review and monitor the use of exclusions, provide for appropriate non punitive alternatives and effectively address the disproportionate use of exclusions for children belonging to ethnic minorities.
CRC concluding observations 2023, paragraph 47:
Noting with concern inequalities in educational attainment and outcomes for children in disadvantaged situations, the Committee recommends that the State party: (d) Monitor the use of exclusions and ensure that they are prohibited in primary schools and used in secondary schools only as a measure of last resort; prohibit the use of informal exclusions and so-called “off-rolling” and provide for appropriate alternatives; and develop measures to address their overuse in general as well as their disproportionate use on children belonging to ethnic minority groups and children with disabilities.
The CERD and CRC recommendations were made in September 2024 and June 2023, respectively.
Stopping the use of exclusions
Since the recommendations were made, exclusions have not been banned in primary schools.
The Department for Education (DfE) published a Special Educational Needs and Disabilities (SEND) and alternative provision (AP) improvement plan in March 2023. This includes a focus on early targeted support for children in mainstream schools, to meet needs and reduce preventable exclusions.
In August 2024, the DfE updated its statutory guidance on school suspensions and permanent exclusion. This guidance aims to:
- ensure that exclusions are only used as a measure of last resort in both primary and secondary schools
- prohibit the use of informal exclusions and off-rolling (which is where unlawful exclusions lead to the deletion of pupils from the school register)
- facilitate alternatives to exclusions, such as managed moves and off-site direction (where a pupil is required to attend another education setting to improve their behaviour)
The DfE guidance explains that ‘informal or unofficial’ exclusions are unlawful if the formal school exclusion process is not followed and provides examples of off-rolling. Ofsted also considers and records off-rolling in its inspections. Ofsted committed to producing annual reviews, including on off-rolling, in its response to its consultation, the Big Listen.
Monitoring the use of exclusions
The DfE publishes data on suspensions and permanent exclusions on a termly basis. This includes data disaggregated by ethnicity and special educational needs.
The DfE guidance on school suspensions and permanent exclusion, last updated in August 2024, states the importance of schools, local authorities and local partners working together to understand the reasons for local trends in the disproportionate use of exclusions for certain groups. The guidance also sets out the role of the governing board in considering pupil movements and the characteristics of those permanently excluded.
However, the latest version of the guidance does not include references to specific groups, such as Gypsy, Roma and Traveller and Black Caribbean pupils, who have exclusion rates that are consistently higher than average.
Assessment up to date as of September 2025.
Use of restraint and seclusion
What we assessed in the recommendation
Deal with violence and other disturbances in schools in a way that respects children’s rights, including by regularly training teachers. Ban restraint, seclusion and police presence in education.
CRC concluding observations 2023, paragraph 47:
Noting with concern inequalities in educational attainment and outcomes for children in disadvantaged situations, the Committee recommends that the State party:
(j) Explicitly prohibit the use of restraint and seclusion in educational settings and adopt a child rights-based approach to addressing violence or other disturbances in schools, including by prohibiting the presence of police in schools and providing regular training for teachers on relevant guidance for addressing such disturbances in a child-sensitive manner.
Since the recommendation was made in June 2023, the UK government has not explicitly banned the use of restraint and seclusion in educational settings in England. The Department for Education (DfE) has not updated their guidance on the use of force in schools since 2013, despite committing to this in February 2023 through their Call for Evidence: Use of reasonable force and restrictive practices in schools.
The UK government has not adopted a child rights-based approach to addressing violence or other disturbances in schools since the recommendation was made. The DfE did update its non-statutory guidance on developing behaviour policy in schools in February 2024. However, this guidance does not promote a child-rights based approach. There is no evidence that the UK government has taken action to require schools to provide regular training for teachers on this guidance.
The UK government has not banned the presence of police in schools.
Assessment up to date as of December 2024.
Children's right to appeal against exclusions
What we assessed in the recommendation
Ensure children have a right to appeal against exclusions, with access to legal advice and representation.
CRC concluding observations 2023, paragraph 47:
Noting with concern inequalities in educational attainment and outcomes for children in disadvantaged situations, the Committee recommends that the State party: (e) Ensure the right of children to appeal against their exclusions and provide them with legal advice and representation, where appropriate, in line with the Committee’s previous recommendations.
The recommendation was made in June 2023. Since then, the UK government has not taken steps to ensure the right of children to appeal against their exclusions and provide them with legal advice and representation where appropriate in England.
There are two avenues for appealing decisions to exclude from schools in England and these have not changed since the recommendation was made in June 2023.
Avenue 1
The process for Avenue 1 is provided for in the School Discipline (Pupil Exclusion and Reviews) (England) Regulations 2012, Regulations 7, 16 and 25.
When a school headteacher makes a permanent exclusion decision, the school’s governing body review and approve that decision in a governing body hearing (GBH). If the governing body uphold the decision to exclude, then the pupil’s parent has the right to have the decision reviewed by an independent review panel (IRP). If the IRP upholds the decision, then the parent may apply for a judicial review of this decision, if one of the grounds for judicial review are met. There continues to be no right to legal advice and representation for parents in relation to this avenue.
Avenue 2
This avenue is provided for under section 116 of the Equality Act 2010.
The SEND Tribunal system is where young people and / or parents can make a claim for disability discrimination in relation to an exclusion decision or other treatment by the school. Pupils aged over 16 can bring a claim for disability discrimination to the SEND Tribunal. If they are under 16, their parents or carers may bring the claim.
Parents and pupils older than 16 have access to legal advice and representation at SEND Tribunal hearings and may be able to obtain legal aid where disability discrimination is alleged. This is provided for under The Civil Legal Aid (Financial Resources and Payment for Services) Regulations 2013, as amended by The Civil Legal Aid (Financial Resources and Payment for Services) (Amendment) Regulations 2023.
Assessment up to date as of December 2024.
Page updates
Published:
29 January 2025
Last updated:
5 November 2025