# What does the 2026 suspension and permanent exclusion guidance say?

Source page: https://pupilprotect.co.uk/glossary/exclusion  
Last updated: 2026-10-20  
Publisher: Pupil Protect (Glacier Labs Ltd)

> The current DfE guidance is Suspension and permanent exclusion from maintained schools, academies and pupil referral units in England, published in May 2026 and in force from 26 July 2026. Only the headteacher can suspend or permanently exclude, a pupil can be suspended for up to 45 school days in an academic year, and permanent exclusion is for serious or persistent breaches of the behaviour policy where staying would seriously harm others' education or welfare. The headteacher must tell parents, the local authority and, where relevant, the social worker and virtual school head without delay.

## Which guidance is current

The current statutory guidance is **Suspension and permanent exclusion from maintained schools, academies and pupil referral units in England, including pupil movement**, dated July 2026. DfE published it on 26 May 2026, corrected paragraph 64 on 15 June 2026, and it came into force on **26 July 2026**. It replaces the 2024 version, which was itself a technical update to the September 2023 guidance.

The 2026 changes are modest. Part two of the guidance lists them:

- **Off-site direction now has the same rules in academies and PRUs.** Section 55 of the Children's Wellbeing and Schools Act 2026 allowed the section 29A rules for maintained schools to apply to academies, and SI 2026/558 did so from 26 July 2026 (paragraphs 42 to 43 and 55 to 57).
- **Separating pupils for safeguarding reasons** is explained more clearly (paragraphs 26 to 29).
- **Minor clarifications** to the governing board and independent review process.

It applies to maintained schools, academies, free schools, alternative provision academies and PRUs. It doesn't apply to independent schools, FE colleges or 16 to 19 academies.

## Suspension

- **Only the headteacher** can suspend or permanently exclude, and only on disciplinary grounds (paragraph 1).
- **The limit is 45 school days in an academic year** in total (paragraph 6). Use a reliable way to count it, including suspensions from previous schools (paragraph 15).
- **A suspension can be for part of a day.** A lunchtime suspension counts as half a day (paragraph 9).
- **It can't be extended or converted** into a permanent exclusion. In exceptional cases, a new suspension or a permanent exclusion can start straight after the first one ends (paragraph 10).
- **Work should be set and marked** for the first five school days (paragraph 8).
- **From the sixth day** of a suspension, the governing board must arrange suitable full-time education. Back-to-back suspensions count as one period for this duty (paragraph 108).

Sending a pupil home for disciplinary reasons without a formal suspension is unlawful, even with the parents' agreement. So is using a part-time timetable for behaviour. Both are examples of **off-rolling** (paragraphs 18 to 21).

## Permanent exclusion

A permanent exclusion should only be used (paragraph 11):

- in response to a **serious breach or persistent breaches** of the behaviour policy, and
- where allowing the pupil to stay would **seriously harm the education or welfare** of the pupil or others.

The decision must be lawful, reasonable, fair and proportionate, and decided on the balance of probabilities (paragraphs 2 and 3). The local authority must arrange full-time education from the **sixth school day** (paragraph 109).

## Who must be told, and when

| Who | What | Paragraph |
|---|---|---|
| Parents | The period and reasons without delay, then in writing with their rights | 82 to 84 |
| Parents | The days the pupil must not be in a public place in school hours, by the end of the afternoon session on day one | 85 to 86 |
| Social worker and virtual school head | Without delay, if the pupil has a social worker or is looked after | 97 |
| Local authority | Every exclusion, however short | 102 |
| Governing board | Permanent exclusions, more than five days in a term, or a missed public exam | 100 |

## Governing board and review panel deadlines

| Situation | Governing board duty |
|---|---|
| 5 school days or fewer in a term | Consider any representations from parents. It can't reinstate the pupil (paragraph 125) |
| More than 5 and up to 15 days in a term | If parents make representations, decide on reinstatement within 50 school days (paragraph 120) |
| More than 15 days in a term, a permanent exclusion, or a missed public exam | Decide on reinstatement within 15 school days (paragraph 119) |

If the governing board upholds a permanent exclusion, parents can apply for an **independent review panel** within **15 school days** of being told (paragraph 170). The review must begin within 15 school days of the application. The panel can uphold the decision, recommend reconsideration, or quash it and direct reconsideration (paragraph 222). If the panel quashes the decision and the governing board doesn't reinstate the pupil within ten school days, the panel can order a £4,000 budget adjustment or payment (paragraph 233).

## Safeguarding before and after an exclusion

KCSIE 2026 lists a child who has had multiple suspensions or is at risk of permanent exclusion among those who may need early help or targeted Family Help (paragraph 18). It also says disrupted education raises the risk of serious violence (paragraph 52). So the DSL should be involved before, not after, the decision.

- **Children with a social worker.** The headteacher should involve the social worker, the DSL and parents as early as possible when the pupil is at risk of exclusion (paragraph 76).
- **Looked-after children.** The designated teacher should contact the virtual school head as soon as possible, look at how pupil premium plus is being used, and consider an interim PEP review (paragraph 77). See [looked-after children in schools](https://pupilprotect.co.uk/glossary/lac).
- **Separating pupils for safeguarding reasons**, for example after an allegation of harm by one pupil against another, isn't a disciplinary exclusion. The DSL leads, parents and the governing board are told, and the local authority must arrange education if the school doesn't (paragraphs 26 to 28).
- **Child-on-child abuse.** Disciplinary action can run alongside police or social care enquiries. KCSIE says that school can be a protective factor for a child who has shown harmful sexual behaviour (paragraphs 633 to 636). See [harmful sexual behaviour and child-on-child abuse](https://pupilprotect.co.uk/glossary/hsb).
- **If the pupil leaves,** the DSL should transfer the child protection file separately from the main file within 5 days (paragraph 168).

## Off-site direction and managed moves

**Off-site direction** is a temporary placement in alternative provision or another school to improve behaviour. It isn't a punishment. Parents must get written notice at least two school days before it starts, and they can ask for a review meeting (paragraphs 39 to 50). See [alternative provision safeguarding](https://pupilprotect.co.uk/glossary/ap).

A **managed move** is a voluntary, permanent transfer to another school. The law doesn't allow a "trial" managed move (paragraphs 58 to 60).

## Questions

**How many days can a child be suspended from school?**  
Up to 45 school days in a single academic year, in total. A suspension doesn't have to be one continuous period, and it can be for part of a day, such as a lunchtime. Any days out of school under an exclusion that is later cancelled still count towards the 45.

**How many times can a child be suspended from school?**  
There is no limit on the number of separate suspensions, only the 45 school day total in an academic year. The guidance says that where suspensions are becoming a regular occurrence, the school should consider whether suspension alone is working and what other support the pupil needs. The rules are the same in primary and secondary schools.

**What happens when a child is permanently excluded from school?**  
The pupil stays on roll while the decision is reviewed. The school sets work for the first five school days, and the local authority must arrange full-time education from the sixth school day. The governing board must consider reinstatement within 15 school days. If it upholds the exclusion, parents have 15 school days to ask for an independent review panel. The pupil comes off roll only after that time passes or the review is finished.

**What is the difference between suspension and exclusion?**  
A suspension is the term DfE now uses for what the law calls a fixed-period exclusion: the pupil is out of school for set days and then comes back. A permanent exclusion means the pupil is no longer allowed to attend that school, unless they are reinstated. Both are types of exclusion and both must follow the formal process.

**Can a child be excluded with an EHCP?**  
Yes, but it would be unlawful to exclude a pupil simply because they have SEN or a disability that the school feels it can't meet. Where a pupil has an EHC plan, the school should contact the local authority about behaviour concerns early and consider asking for an early annual review before deciding to suspend or permanently exclude.

## Sources

- [Suspension and permanent exclusion from maintained schools, academies and pupil referral units in England, including pupil movement (DfE statutory guidance, July 2026, effective from 26 July 2026)](https://assets.publishing.service.gov.uk/media/6a63426d9a419980593b2b80/suspension-and-permanent-exclusion-from-maintained-schools-academies-and-pupil-referral-units-in-England-including-pupil-movement-effective-from-26-July-2026.pdf), checked 2026-10-20
- [School suspensions and permanent exclusions: GOV.UK page and change history](https://www.gov.uk/government/publications/school-suspensions-and-permanent-exclusions), checked 2026-10-20
- [The Education (Educational Provision for Improving Behaviour) (Application to Academies and Pupil Referral Units and Minor Amendments) Regulations 2026, SI 2026/558](https://www.legislation.gov.uk/uksi/2026/558/made), checked 2026-10-20
- [Children's Wellbeing and Schools Act 2026, section 55 (academy schools: educational provision for improving behaviour)](https://www.legislation.gov.uk/ukpga/2026/21/section/55), checked 2026-10-20
- [The School Discipline (Pupil Exclusions and Reviews) (England) Regulations 2012](https://www.legislation.gov.uk/uksi/2012/1033/contents), checked 2026-10-20
- [Keeping children safe in education 2026, paragraphs 18, 52 and 633 to 635 (DfE, in force from 1 September 2026)](https://assets.publishing.service.gov.uk/media/6ac3c09c11ed58342ad8e4ac/Keeping_children_safe_in_education_2026.pdf), checked 2026-10-20
- [Behaviour in schools: advice for headteachers and school staff (DfE, February 2024)](https://www.gov.uk/government/publications/behaviour-in-schools--2), checked 2026-10-20

## Related

- [Safeguarding concern form](https://pupilprotect.co.uk/tools/safeguarding-concern-form): A free form for writing down what you've noticed.
- [Alternative provision safeguarding checklist](https://pupilprotect.co.uk/glossary/ap)
- [Looked-after children in schools](https://pupilprotect.co.uk/glossary/lac)
- [Part-time timetables](https://pupilprotect.co.uk/glossary/part-time-timetable)
- [Transferring child protection files](https://pupilprotect.co.uk/guides/transferring-child-protection-files)
- [Pastoral jobs](https://pupilprotect.co.uk/jobs/role/pastoral)

## In Pupil Protect

Pupil Protect Safeguard brings incidents, detentions and suspensions across from your MIS onto each child's chronology, so a change in behaviour is seen alongside everything else the DSL team knows. [See behaviour in Safeguard](https://pupilprotect.co.uk/safeguard#behaviour)