DfE releases new guidance on suspension and permanent exclusion
The updated July 2026 Department for Education guidance on suspension and permanent exclusion reinforces that exclusion should be a last resort and that schools must carefully consider whether unmet SEND needs, disability-related behaviours, safeguarding concerns, or failures in reasonable adjustments have contributed to any incidents.
A central message of the updated guidance is that schools must meet their duties under the Equality Act 2010, and the Children and Families Act 2014 when making exclusion decisions. If a pupil has Special Educational Needs (SEN) or a disability, leaders should consider whether appropriate support, interventions, and reasonable adjustments have been implemented. A suspension or exclusion could be discriminatory if behaviour arises from a disability and the school has not taken reasonable steps to address the pupil’s needs. Governing boards must also fulfil their statutory SEND responsibilities throughout the exclusion process.
The guidance emphasises the importance of early intervention and inclusive practice. 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. Schools should use behaviour support, pastoral interventions, managed moves, and off-site direction where appropriate before considering exclusion. SENCOs have a key role in ensuring that assessments, graduated responses, provision mapping, and multi-agency involvement are in place and documented. Exclusion decisions should demonstrate that alternatives have been considered and that support strategies have been exhausted where appropriate.
For pupils with Education, Health and Care (EHC) plans, SENCOs should ensure that schools review whether the provision specified in the plan is being delivered and remains appropriate. Where exclusion is being considered, schools should examine whether an emergency review of the EHC plan or additional support may be required. The guidance also highlights the need to consider looked-after children and children with social workers, recognising their increased vulnerability to exclusion.
The 2026 update introduces changes linked to off-site direction and pupil movement arrangements. Schools can, in certain circumstances, direct pupils off-site to improve behaviour, and new safeguarding-related provisions have been added. Managed moves must be used appropriately as a planned intervention rather than as an informal exclusion process. Governing boards are also expected to monitor exclusion and off-site direction data closely, including patterns affecting vulnerable groups such as pupils with SEND.
Overall, the guidance strengthens expectations that SEND considerations are embedded at every stage of exclusion decision-making. SENCOs should ensure that needs are identified early, reasonable adjustments are evidenced, support plans are reviewed regularly, and exclusion decisions can demonstrate that statutory duties towards pupils with SEND have been fully considered.
