New exclusion guidance published by Department for Education

The Department for Education (DfE) has published an updated version of the statutory guidance on suspensions and exclusions. The guidance will come into force and apply to any suspension or exclusion decisions taken after 26 July 2026.

The updated guidance is not a wholescale revision of the exclusions framework and provides guidance on changes implemented following the Children's Wellbeing and Schools Act 2026 and the Education (Educational Provision for Improving Behaviour) (Application to Academies and Pupil Referral Units and Minor Amendments) Regulations 2026. This legislation provides a statutory basis for Academies and Pupil Referral Units to issue off-site directions. It also means that academies will now have to follow certain prescribed steps in relation to off-site directions such as:

• providing a formal notice of the direction to parents and the Local Authority (if the child has a EHCP) which sets out information around the name and duration of the placement, the objectives to be achieved during the placement and who to report to;
• clear requirements as to keep the placement under review and for the Academy to provide notice of the review meeting to the parents and/or the Local Authority;
• the right of parents or Local Authority to request a review of the placement; and
• written notification from the Academy about any extension to the direction and the relevant timescale.

In addition, the updated guidance provides clear direction on the ability of schools to remove a child from the school site for safeguarding reasons and the duty of the Local Authority to provide education to the child as a consequence of such action.

You can read the guidance in full on the UK Gov website, the guidance downloads as a PDF.