The Department for Education has issued updated statutory guidance on school suspensions and permanent exclusions in England, placing fresh emphasis on early intervention, safeguarding and support for pupils with special educational needs and disabilities (SEND).
The revised guidance, which comes into force from 26th July 2026, applies to maintained schools, academies and pupil referral units across England.
What's in the new guidance?
While the government said suspension and permanent exclusion remain important tools for maintaining safe and orderly schools, ministers stressed that permanent exclusion should continue to be used only as a last resort.
The updated rules reinforce schools’ legal responsibilities to consider behavioural support, mental health needs and SEND adjustments before excluding a pupil.
Under the guidance, schools are expected to demonstrate they have explored alternatives such as pastoral interventions, managed moves, off-site direction and additional support measures before resorting to exclusion.
The Department for Education said the changes are designed to help schools create “safe, calm and supportive” environments while ensuring decisions are fair and legally compliant. A major focus of the guidance is the treatment of vulnerable pupils, particularly children with SEND.
Schools are reminded that exclusions must comply with equality law and that failure to make reasonable adjustments for disabled pupils could render exclusions unlawful.
Headteachers and governing boards are also expected to consider whether unmet special educational needs contributed to a pupil’s behaviour before making exclusion decisions.
The guidance comes amid continuing concern over the disproportionate rates of suspension and exclusion among pupils with SEND.
Only headteachers, acting headteachers or principals retain the legal authority to suspend or permanently exclude a pupil, and exclusions may only be imposed on disciplinary grounds.
The guidance also confirms that suspensions may be issued for part of a school day, but that no pupil can be excluded indefinitely. The cumulative limit of 45 school days of suspension within a single academic year remains unchanged.
Schools will also face stronger expectations around record-keeping and accountability. They must now clearly document the reasons for exclusion decisions, previous interventions offered to the pupil, safeguarding considerations and any equality or SEND-related assessments.
Parents must be informed promptly in writing, while local authorities must be notified of all suspensions and permanent exclusions without delay. Additional notification requirements apply where a child has a social worker or is looked after by the local authority.
The revised guidance also strengthens the oversight role of governing boards and academy trusts. Governors will continue to review permanent exclusions and certain suspensions to determine whether decisions were lawful, reasonable and proportionate.
Independent Review Panels remain available as a route of appeal for parents challenging governing board decisions.
In a further update, the Department for Education has formally incorporated provisions allowing governing board meetings and Independent Review Panels to take place remotely where fairness and confidentiality can be maintained.
The guidance also reflects legislative changes linked to the Children’s Wellbeing and Schools Act, including updated rules surrounding off-site direction and pupil movement arrangements.
The updated guidance arrives during ongoing national debate over rising suspension rates, school safety, staff wellbeing and the balance between inclusion and discipline.
The Department for Education said the revised framework is intended to ensure exclusion practices remain fair, consistent and focused on the best interests of both pupils and school communities.
Want to stay ahead of this guidance and see how you can embed it into every-day practise?
Join us at the Suspensions and Exclusions Conference taking place on Tuesday 30th June 2026 for a whole day tailored to helping school leaders tackle one of the most pressing issues they face. From understanding the new guidance to gaining practical strategies reduce suspensions and exclusions in your school, this conference really is a must-attend.
Secure a space here or email us for a quote for group bookings if you'd like to bring the entire SLT.
