Updated DfE suspensions and exclusions guidance published

Guidance in place from 26 July 2026 sets out Alternative Provision requirements for academy trusts.

The Department for Education (DfE) has released updated statutory guidance regarding suspensions and exclusions (the “Guidance”). The Guidance brings welcome clarity on the powers and obligations of academy trusts when directing a pupil off-site temporarily to improve behaviour.

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 (the “Regulations”), the updated Guidance implements changes to the 2024 version of the statutory guidance. The Guidance comes into force from 26 July 2026 and will apply to any suspension and exclusion decisions taken on and after this date.

The Guidance should be read in conjunction with the non-statutory guidance on ‘Behaviour in Schools’  and the statutory Alternative Provision guidance.

Key changes:

The key changes to the Guidance include:

• The new powers of and obligations on academy trusts in relation to off-site direction of pupils to alternative provision for behaviour reasons to reflect the Regulations;  

• Additional examples of unlawful exclusion and ‘off-rolling’;

• Guidance regarding managed moves; and

• Updated guidance for keeping pupils separated for safeguarding purposes.

Off-site directions

Off-site directions are implemented when a pupil is required temporarily to attend another educational setting to improve their behaviour. Under the Regulations, academy trusts now have a statutory power to direct a pupil off-site for behavioural reasons. Previously, academy trusts made such directions under general powers in their Articles of Association. 

The changes to the Guidance will bring academies in line with maintained schools, and oblige academy trusts to:

1. Provide parents (or pupils aged over 18), and the local authority, if the pupil has an Education, Health and Care Plan (“EHCP”), with at least two school days’ written notice of the placement;

2. The written notice must include the following details:

• Address of the placement;

• Person to whom the pupil should report to on arrival;

• Number of days of the placement;

• The reasons for and objectives of the placement.

3. Hold reviews at relevant intervals in accordance with the Alternative Provision guidance;

4. Provide parents (or pupils aged over 18), and the local authority, if the pupil has an EHCP, with a written invitation 6 days before any review meeting; and

5. Provide written notice of any extension of the off-site direction.

If academies already have active off-site directions in place there are transitional requirements set out at paragraphs 55 to 57 of the Guidance. Leaders of academy trusts should be aware that these include obligations in relation to notices and reviews which should be carried out as soon as practicable.

Safeguarding separation

The Guidance also sets out a school’s power to use separation for a temporary period for safeguarding purposes. This separation for safeguarding purposes is not an exclusion on disciplinary grounds. This is a helpful clarification for schools and academy trusts dealing with those difficult cases where separating pupils for safeguarding reasons is determined to be necessary to mitigate risk to one or both pupils.    

Schools and academies seeking to exercise this power must:

1. Only do so when separating pupils is essential and cannot be achieved in any other practical way;

2. In conjunction with the school’s designated safeguarding lead (“DSL”) or deputy DSL, inform parents why the pupil has been temporarily forbidden from its premises;

3. Inform the governing board without delay;

4. Consider their duties under the Human Rights Act 1998, Equality Act 2010, and Keeping Children Safe in Education; and

5. Act reasonably, rationally, and in a procedurally fair manner when reaching their decision and throughout the separation process.

As a result of any such separation, the local authority must provide alternative education for the pupil if the school or the pupil’s parent does not do so.

Guidance on reintegration following a safeguarding separation, off-site direction, or suspension, is provided at paragraphs 30 to 34.

Off-rolling

Schools and academies should be aware of practices that can result in the unlawful process of ‘off-rolling’ and unlawful exclusions.

The Guidance makes clear that these include moving a pupil to an off-site alternative provision where that is not in the best interests of that pupil, and placing a pupil on a part-time timetable for behavioural reasons.

The full Guidance can be found here: Suspension and permanent exclusion from maintained schools, academies and pupil referral units in England, including pupil movement.

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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.