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EDUGUIDES • PATHWAY 1

1D — If the Child Was Sent Home Illegally

What to do when the school removes a child without issuing a formal suspension — including scripts, documentation steps, and how to correct the record.

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Victorian government schools are not allowed to send a student home without issuing a formal suspension under Ministerial Order 1125. Any “informal suspension,” “cool-off day,” “pick-up request,” or “come get your child” that is not accompanied by a lawful suspension process is a breach of policy.

This guide shows you what to do immediately, what language to use, and how to correct the school’s records to protect your child.

✔ Step 1 — Stay Calm and Take Notes

Record:

  • time of the call
  • name of the staff member
  • exact wording (as close as possible)
  • whether a suspension was mentioned

✔ Step 2 — Clarify Whether This Is a Suspension

“Before I come to the school, can you please confirm whether this is a formal suspension under Ministerial Order 1125?”

If the answer is vague, evasive, or “no,” then the removal is likely unlawful.

✔ Step 3 — Schools Cannot Send Students Home Because:

  • “We don’t have enough staff”
  • “They need a break”
  • “They’re too dysregulated”
  • “Other parents have complained”
  • “You should take them home to calm down”

None of these are legal grounds for removal.

✔ Step 4 — Script for Responding to an Illegal Removal

“I’m happy to support the school, but I cannot agree to my child being sent home without a formal suspension. Please follow the required steps under Ministerial Order 1125, and I will review the written documents when they arrive.”

✔ Step 5 — After Collecting Your Child: Send This Correction Email

Use this to protect your record if they tried to send your child home informally:

“Thanks for speaking with me today. I want to note for accuracy that my child was requested to be collected without a formal suspension being issued under MO1125. Please confirm whether the school intends to issue a suspension or record this as an early finish. I will wait for the correct documents before discussing the incident.”

✔ Step 6 — If They Claim It Was an ‘Early Pick-Up’

This is often used to hide a policy breach.

“For clarity, please confirm whether this early pick-up was requested due to behaviour. If so, this must follow the formal suspension process.”

✔ Step 7 — Request the Required Same-Day Documents

Use this script:

“Could you please provide the required incident information, investigation notes and adjustment review today as required under MO1125?”

These requirements are detailed in 1C — What the School Must Provide Same Day.

Why Illegal Removals Happen

Common reasons include:

  • staff uncertainty about MO1125
  • pressure from other parents or students
  • workload and supervision challenges
  • misunderstandings about behaviour responses

Understanding this helps you respond firmly but constructively.

Related Guides

2D — Procedural Fairness Test

Check whether the school followed the legal fairness requirements.

2C — Required Documentation

Full list of what you can request from the school.

Ready for the next step?

The next guide explains the legal suspension decision flow under Ministerial Order 1125.

Continue to 1E — Suspension Decision Flow (MO1125) →