DfE issues new statutory guidance on suspensions and school exclusions

On 26 May 2026, the Department for Education (DfE) published new statutory guidance on the suspension and permanent exclusion of pupils from maintained schools, academies and pupil referral units (PRUs) in England. The guidance will come into force on 26 July 2026 and doesn’t apply to independent schools.

It replaces the previous version published in August 2024, which will remain in force during the interim period. Schools should note that the new guidance will govern all suspensions and permanent exclusions that take effect from 26 July 2026 onwards.

Scope and application

The guidance sets out the legal responsibilities and mandatory steps relating to suspensions and permanent exclusions from local authority-maintained schools, academies, free schools and PRUs. It applies to headteachers, local authorities, governing bodies, academy trusts, independent review panel members, independent review panel clerks and special educational needs experts.

The updated guidance is intended to sit alongside the Behaviour in Schools guidance issued in February 2024, which provides advice to headteachers and school staff on implementing behaviour policies that promote a school culture with high expectations of behaviour.

The guidance also recognises that school exclusions, managed moves and off-site direction remain important behaviour management tools for headteachers and can be used to help establish and maintain high standards of behaviour in schools.

Key changes

The updated guidance, effective from 26 July 2026, introduces a number of changes, including:

• A revised definition of permanent exclusion, clarifying that exclusion refers only to removal of a pupil from a school on disciplinary grounds. It confirms that this “does not include situations where a pupil is sent away from school or told not to attend for reasons that are not disciplinary” (page 7).

The guidance has also been updated to:

• Reflect the Education Regulations 2026, which extend the legal powers to direct pupils off site for behaviour management purposes to academies and PRUs
• Provide clarity on the existing exclusion framework and the separation of pupils for safeguarding purposes (page 17)
• Clarify the statutory review process for all users, supporting greater consistency between governing boards, independent review panels and parents.

Ancillary guidance

In addition to the statutory guidance, schools are advised to have regard to the following DfE publications:

• Behaviour in Schools
• Keeping Children Safe in Education
• Working Together to Improve School Attendance
• Mental Health and Behaviour in Schools

Supporting schools

We know that applying behaviour policies in practice can be complex, particularly where a range of approaches have already been explored or where additional factors are involved. We also recognise the time and resource pressures schools face when managing suspensions and exclusions alongside day-to-day operations.

In these circumstances, schools find it helpful to seek specialist advice on the implementation of behaviour policies and the statutory processes around suspensions and permanent exclusions, including independent review panel procedures.