The new DfE statutory guidance on suspensions and permanent exclusions comes into force from 26 July 2026 and includes some changes that schools will need to be aware of.
Key Changes You Must Know
- New legal framework for off-site direction now applies to academies and PRUs.
- PRU management committees can now direct off-site provision.
- Detailed statutory requirements for off-site direction (written notice, objectives, timings, contact).
- New safeguarding tool: 'Separation of pupils' (non-disciplinary removal with safeguards).
- Stronger expectations on off-rolling including part-time timetables and informal exclusions.
- Managed moves tightened: no trial moves; must follow School Admissions Code.
- Improved clarity and consistency in statutory review processes.
Implications
- Off-site direction is now highly regulated.
- Separation provides a lawful alternative to exclusion in safeguarding cases.
- Increased scrutiny from Ofsted and compliance expectations.
- Greater accountability in decision-making processes.
Bottom Line
- The 2026 guidance raises legal expectations.
- Introduces a new safeguarding pathway.
- Strengthens compliance on off-rolling and managed moves.
Separation of pupils for safeguarding purposes.
In certain circumstances, a school can temporarily forbid a pupil from attending its premises, for example, due to an allegation of harm by one pupil against another which might require physically separating a pupil from one or other pupils.
In this scenario, the local authority must arrange education for the pupil if the school itself or the pupil’s parent does not do so. This is not an exclusion on disciplinary grounds.
The school should inform parents of the reason why the pupil has been temporarily forbidden from attending its premises and in conjunction with the designated safeguarding lead (or a deputy). The governing board should also be notified without delay and ensure this is used for rare circumstances and only when separating pupils is essential and cannot practicably be done in a way that lets one or more pupils remain on school premises.
Reintegration after a suspension, off-site direction or separation for safeguarding purposes
A part-time timetable should not be used to manage a pupil’s behaviour and must only be in place for the shortest time necessary. Any pastoral support programme or other agreement should have a time limit by which point the pupil is expected to attend full-time education, either at school or alternative provision.
There should also be formal arrangements in place for regularly reviewing a part-time timetable with the pupil and their parents. In agreeing to a part-time timetable, a school has agreed to a pupil being absent from school for part of the week or day and must take the appropriate steps for a leave of absence.
Schools can consider a range of measures to enable the pupil’s successful reintegration which can include, but are not limited to:
- maintaining regular contact during the suspension or off-site direction and welcoming the pupil back to school
- daily contact with a designated pastoral professional in school
- use of a report card with personalised targets leading to personalised rewards
- ensuring the pupil follows an equivalent curriculum during their suspension or off-site direction or receives academic support upon return to catch up on any lost progress
- planned pastoral interventions
- mentoring by a trusted adult or a local mentoring charity
- regular reviews with the pupil and parents to praise progress being made and raise and address any concerns at an early stage
- informing the pupil, parents and staff of potential external support
Offsite Directions
From 26 July 2026, management committees of pupil referral units can also make offsite directions. If they do, they must follow the same procedural requirements as maintained schools and academies, as set out in the Education (Educational Provision for Improving Behaviour) (England) Regulations 2010 and applied by the Education (Educational Provision for Improving Behaviour) (Application to Academies and Pupil Referral Units and Minor Amendments) Regulations 2026.
Off-site direction placements which have been arranged by academy schools and AP academies before 26 July 2026
The trust must hold the first review meeting as soon as reasonably practicable after 1 August 2026, regardless of whether a review meeting has been held in the previous 10 weeks. Subsequent review meetings must then be held as normal, i.e. at intervals the trust considers appropriate, having regard to the pupil’s needs
Managed Moves
Any move from one school to another must comply with the statutory School Admissions Code (unless the pupil has an Education Health and Care Plan) as well as The School Attendance (Pupil Registration) (England) Regulations 2024
Where an in-year application is made, including where it is part of a managed move, the admission authority must allocate a place in accordance with its oversubscription criteria. This means a pupil undergoing a managed move must not be admitted ahead of pupils on a waiting list, where the school is operating one, unless the child meets the school’s published oversubscription criteria more closely than those already on the list.
Please ensure you read the full guidance. https://www.gov.uk/government/publications/school-suspensions-and-permanent-exclusions