
DfE publishes revised guidance on suspensions and permanent exclusions
The Department for Education (DfE) has published a revised version of its statutory guidance Suspension and Permanent Exclusion from maintained schools, academies and pupil referral units in England, including pupil movement, which comes into force on 26 July 2026.
The updated guidance reflects legislative changes introduced through the Children’s Wellbeing and Schools Act and associated regulations, particularly in relation to off-site direction arrangements. It also provides further clarification on exclusion processes, safeguarding-related pupil separation, managed moves and governing board oversight responsibilities.
The revised guidance applies to maintained schools, academies, alternative provision academies and pupil referral units (PRUs).
What are the key changes?
Although much of the existing framework remains unchanged, the updated guidance introduces several important changes for schools and academy trusts.
Expanded guidance on off-rolling and unlawful exclusions
The DfE has strengthened its commentary around unlawful exclusions and off-rolling practices. Additional examples of conduct that may amount to off-rolling now include:
- Encouraging post-16 pupils not to continue their course of study where this is not in the pupil’s best interests;
- Placing pupils on part-time timetables for behavioural reasons;
- Moving pupils to alternative provision where it is not in the pupil’s best interests; and
- Sending pupils home informally without following the formal suspension process.
The guidance continues to emphasise that informal or unofficial exclusions remain unlawful, regardless of whether parents agree to them.
New section on separation of pupils for safeguarding purposes
A new section has been added dealing with situations where schools temporarily prevent a pupil from attending the premises for safeguarding reasons, for example following allegations of harm between pupils where it may be required to physically separate a pupil from one/multiple pupils.
The guidance clarifies that this is not a disciplinary exclusion, but schools must still ensure that decisions are lawful, proportionate and compliant with safeguarding, equality and human rights obligations. Governing boards must also be informed without delay.
Significant changes to off-site direction arrangements
The revised guidance contains expanded requirements relating to off-site directions, formally expanding the powers to academy trusts and AP academies.
From 26 July 2026, management committees of PRUs will also be able to make off-site directions and will be required to follow the same procedural requirements as maintained schools and academies.
The guidance also strengthens procedural expectations by:
- Prescribing additional information that must be included in written notices to parents and local authorities;
- Reinforcing review and monitoring obligations for placements;
- Requiring clear objectives and timescales for placements; and
- Introducing transitional arrangements for academy and AP academy placements arranged before 26 July 2026.
Schools are also reminded of the importance of robust information sharing with receiving settings and alternative provision providers.
Further clarification on managed moves
The DfE has expanded the managed moves section considerably.
Importantly, the guidance now expressly states that “trial managed moves” or “trial admissions” are not lawful. Where a temporary placement is required to support behaviour improvement, schools should instead use an off-site direction.
The guidance also provides additional clarification on:
- Deletion of pupils from the school register;
- Information sharing requirements;
- Safeguarding considerations;
- Use of managed moves only where they are in the pupil’s best interests; and
- The interaction between managed moves and admissions law.
Greater emphasis on governing board scrutiny
The revised guidance places increased emphasis on the role of governing boards (which includes academy trusts) in scrutinising suspension, exclusion and pupil movement data.
Governing boards are expected to routinely evaluate patterns, trends and disproportionality and provide effective challenge to school leaders regarding exclusion practice and pupil movement.
What should schools do now?
Schools and governing boards should review their current behaviour and exclusion frameworks ahead of implementation on 26 July 2026.
In particular, schools should consider:
- Reviewing behaviour, suspension and exclusion policies;
- Updating off-site direction procedures and template letters;
- Reviewing managed move arrangements and local protocols;
- Ensuring governors and trustees understand the enhanced scrutiny expectations;
- Reviewing safeguarding and reintegration procedures;
- Ensuring staff understand the distinction between safeguarding separation and disciplinary exclusion; and
- Providing updated training for senior leaders, governors and pastoral staff.
Schools should also review any existing off-site direction arrangements that will continue beyond 26 July 2026 to ensure they comply with the new transitional requirements.
For support and further information, please contact Rosie Browne in our Regulatory, Risk and Resolution team.
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