DfE proposals for internal suspensions – what will this mean for academy trusts and schools?
Proposals aim to reduce the number of pupils sent home from school.
The Department for Education (DfE) has published an Education Hub blog setting out its proposed approach to suspensions in schools in England, with a particular focus on encouraging the use of internal suspensions.
The blog gives an indication of the approach which will be taken in the upcoming schools white paper. It sets out the DfE’s concern that when pupils are sent home, they can miss learning and fall behind in their education. It also notes that young people’s access to social media, gaming and the online world means that sending pupils home during suspensions risks them disengaging from education.
What is an internal suspension?
Many academy trust and school leaders reading the blog will no doubt comment that they are already using internal suspensions regularly as part of a graduated intervention approach, and this is acknowledged by the DfE.
The DfE explains that internal suspension involves removing a pupil from their usual classroom environment temporarily, while requiring them to remain on the school site in a supervised setting. During this period, pupils are expected to continue with schoolwork and to engage with staff before returning to mainstream lessons.
The blog states that internal suspensions are intended to:
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reinforce clear behaviour expectations;
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enable pupils to continue learning;
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minimise disruption to other pupils; and
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reduce risks associated with pupils being sent home during the school day.
The DfE makes clear that there is a distinction between isolation and internal suspensions as the latter should be supervised, structured, time-limited and focused on learning and reintegration.
Status of the guidance
The Government has indicated that it will support schools through national guidance on the use of internal suspensions. While many schools already operate similar arrangements, the intention is to promote greater clarity and consistency in approach.
A new national framework is expected to be included in the upcoming schools white paper, before guidance is developed in consultation with head teachers, before being incorporated into existing statutory exclusions guidance. The blog states that changes are expected to come into effect next year, although it is not clear whether this means from the beginning of the next school year in September 2026.
Internal suspension and fixed-term exclusions
The Department for Education has made clear that internal suspensions are not intended to replace fixed-term exclusions or permanent exclusions under the statutory guidance in serious cases.
Headteachers will continue to have discretion to use fixed-term exclusion or permanent exclusion where necessary as a last resort to protect pupils, staff and the wider school community.
Consideration of SEND and pastoral needs
The DfE encourages schools to consider whether behavioural issues may be linked to special educational needs and disabilities (SEND), unmet learning needs, or wider pastoral concerns.
Resourcing and implementation
The published guidance does not prescribe specific staffing models or require additional funding for internal suspensions. Schools are expected to implement arrangements in a way that reflects their existing resources and organisational structures.
Schools and trusts may wish to review their behaviour policies to ensure that internal suspension arrangements align with safeguarding procedures, equality duties and governance oversight.
the most serious and violent behaviour will still result in pupils being removed from the school environment and the new framework will not replace at home suspensions
Next steps
Schools and academy trusts should keep a watching brief on the upcoming consultation and proposed changes to the statutory exclusions guidance.
It is advisable for schools and trusts to ensure that internal suspensions are carefully recorded and that their use is justified as part of an inclusive behaviour and pastoral support framework, rather than operating as a standalone disciplinary measure.
Schools and academy trusts will need to consider updating their current policies, and may well need to set out a more structured approach to internal suspensions to ensure that they provide an opportunity for continued learning, which is bespoke to the pupil rather than generic, and improvements in behaviour.
The DfE has made clear that head teachers will still be able to issue fixed-term exclusions and permanent exclusions in the most serious cases. Policies will therefore need to provide guidelines for when internal suspension is appropriate and when fixed-term exclusion is likely to be appropriate as a last resort.
Given that the Government has expressed its concern about pupils being sent home from school without supervision, it may be that we will see the use of fixed-term suspensions fall in the longer term as schools opt more regularly for internal suspensions.
The DfE blog is available via this link: Suspensions: How suspensions in school can help tackle behaviour and boost pupil support.
If you would like to discuss any aspect of this article further, please contact our Education team on 0113 244 6100.
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The information in this article is necessarily of a general nature. The law stated is correct at the date (stated above) this article was first posted to our website.
Specific advice should be sought for specific situations. If you have any queries or need any legal advice, please feel free to contact Wrigleys Solicitors.
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How Wrigleys can help The Education team at Wrigleys is expert in helping academy trusts and schools take key strategic, operational and educational decisions in compliance with DfE guidance and regulation. We regularly advise schools and academy trusts on policies, decision-making, complaints and appeals in relation to pupil behaviour, suspension and permanent exclusion in line with statutory guidance, including in the context of pupils with SEND. Please contact our education team for further information. |

