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From July 26th 2026, DfE updated Suspension and Permanent Exclusion legislation and guidance, comes into force.
Published
The DfE have published new guidance for “Suspension and Permanent Exclusion from maintained schools, academies and pupil referral units in England, including pupil movement Statutory guidance for maintained schools, academies and pupil referral units in England”. This comes into force on 26th July 2026.
The guidance now refers to new legislation: The Education (Provision of Full-Time Education for Excluded Pupils) (England) Regulations 2007, as amended by the Education (Provision of Full-Time Education for Excluded Pupils) (England) (Amendment) Regulations 2014 and as modified and amended by the Education (Educational Provision for Improving Behaviour) (Application to Academies and Pupil Referral Units and Minor Amendments) Regulations 2026.
Key changes include:
P.7: Clarification on term ‘exclusion’.
P.12 para10: Additional clarification around issuing further suspension or permanent exclusion when investigation has brought further evidence to light following initial suspension.
P.16 para 21 and 23: New guidance regarding off-rolling.
P16 para 26 – 28: New guidance on separation of pupils for safeguarding purposes.
P20 para 35: Additional guidance on pupil’s views in decision making around off-site direction and managed moves.
P.21 para 43: New guidance around pupil referral units making off-site directions.
P.24 para 53 – 57: New guidance for all schools in relation to off-site direction.
P.25 para 59, 60, 65 – 68, 74, 80 - 81 New guidance about managed moves. Other paragraphs in the managed move have slightly altered wording.
P.37 para 108: Additional guidance on travel for 6-day provision for pupils when suspended.
P.41 para 127,130: Additional guidance on governors’ use of data.