Updated School Suspension and Permanent Exclusion Guidance 2026: What Schools Need to Know

The Department for Education has published updated statutory guidance on school suspensions and permanent exclusions in England. The new version is due to come into force from 26 July 2026 and applies to local-authority-maintained schools, academies, free schools and pupil referral units.

For headteachers, senior leaders, governors, academy trusts and local authorities, the guidance is an important reminder to review behaviour policies, exclusion procedures and communication processes before the new guidance takes effect.

What has changed in the updated exclusion guidance?

The updated guidance reflects new legislation linked to off-site direction under the Children’s Wellbeing and Schools Act 2026, alongside technical changes relating to the Education (Educational Provision for Improving Behaviour) Regulations 2026.

The guidance continues to focus on maintaining high standards of behaviour in schools while ensuring that any decision to suspend or permanently exclude a pupil is lawful, fair, reasonable and proportionate.

Schools should read the full DfE guidance on school suspensions and permanent exclusions before 26 July 2026.

Permanent exclusion should remain a last resort

The guidance confirms that suspensions and permanent exclusions remain behaviour management tools available to schools. However, permanent exclusion should only be used as a last resort.

It also makes clear that schools and local authorities should not adopt a “no exclusion” policy as an end in itself. While reducing exclusions is important, schools must also consider safeguarding risks and the safety of pupils and staff.

Only the headteacher, or principal in an academy, can suspend or permanently exclude a pupil on disciplinary grounds.

Pupils can be suspended for one or more fixed periods up to a maximum of 45 school days in a single academic year. Schools may also consider behaviour outside school when deciding whether suspension or permanent exclusion is appropriate.

Clear records and communication are essential

Schools should ensure that every suspension or permanent exclusion decision is recorded clearly and communicated without delay.

This includes:

• Recording the reasons for the decision
• Informing parents promptly
• Notifying the governing board and local authority where required
• Arranging suitable education during a suspension or after a permanent exclusion
• Ensuring pupils and families understand the next steps

For suspensions lasting more than five school days, suitable full-time education, often referred to as alternative provision, must begin no later than the sixth school day.

For permanent exclusions, the local authority must arrange suitable full-time education from the sixth school day after the exclusion begins.

Schools should listen to pupils’ views

The updated guidance also highlights the importance of considering the pupil’s views before making an exclusion decision.

Schools should take into account the pupils’ age and understanding. Where appropriate, pupils should be supported to share their views through parents, advocates, social workers or other trusted adults.

This is particularly important where pupils may have additional needs, safeguarding concerns or wider circumstances that could have contributed to the incident.

SEND, safeguarding and equality duties

Schools must continue to meet their legal duties under the Equality Act 2010 and the Children and Families Act 2014.

Before making a suspension or permanent exclusion decision, schools should consider whether:

• The pupil has SEND or a disability
• Reasonable adjustments have been made
• The behaviour may be linked to unmet needs
• Safeguarding concerns or wider vulnerabilities may have contributed
• The decision is fair and proportionate

This does not mean that pupils with SEND cannot be suspended or permanently excluded. It does mean that schools must take care to ensure decisions are not discriminatory and that all relevant circumstances have been considered.

What should schools do now?

With the new guidance coming into force on 26 July 2026, schools should use this time to review their internal processes.

School leaders may wish to:

• Review behaviour and exclusion policies
• Check that staff understand suspension and exclusion procedures
• Ensure governors and trustees understand their responsibilities
• Review how exclusion decisions are recorded
• Check parent communication templates
• Review alternative provision arrangements
• Consider how pupil voice is gathered and recorded
• Review SEND, safeguarding and equality considerations within decision-making

Schools should also ensure that pastoral teams, behaviour leads, SENCOs and safeguarding leads are aligned so that decisions are consistent, evidence-based and compliant.

Need support with school staffing?

If your school is reviewing behaviour policies, planning for the updated suspension and permanent exclusion guidance or looking at additional pastoral, SEND or classroom support, Flourish Education can help.

We work with schools across the West Midlands to provide reliable teachers, teaching assistants, cover supervisors and support staff when you need them most.

Whether you need short-term cover, long-term staffing support or specialist SEND experience, our team is here to help.

Contact Flourish Education today to discuss your school’s staffing needs.