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May 29, 2026
On the 26th of May, the latest exclusion and suspension guidance for schools was published by the Department for Education (DfE).
It’s due to replace the existing guidance from the 26th of July 2026, the start of next academic year. That means schools, academies, PRUs and APs in England need to be ready for the changes before September.
In this blog, we summarise the different between the (soon-to-be) old guidance and the new for school leaders. Keeping you in the know about how these changes will affect the way your school manages off-site direction, managed moves, safeguarding, and the exclusion process itself.
Share this update with your school team to ensure consistency of knowledge.
NEW = entirely new provision
CHANGED = existing provision amended
CLARIFIED = existing position made more explicit
REMOVED = provision no longer present
| Change | Type | Section |
|---|---|---|
| Document upgraded from ‘Guidance’ to ‘Statutory Guidance’ | CHANGED | Cover/Part 1 |
| New Education (Improving Behaviour) (Academies & PRUs) Regs 2026 referenced | NEW | Parts 1 & 4 |
| Permanent exclusion language: more explicitly last resort only | CHANGED | Part 1 |
| New definition: exclusion means disciplinary exclusion only | NEW | Part 1 |
| Clarification on when a further suspension may follow an initial one | CLARIFIED | Part 3 |
| Off-rolling definition expanded – new explicit examples added | CHANGED | Part 3 |
| Ofsted off-rolling consequence: wording softened slightly | CHANGED | Part 3 |
| NEW section: Separation of pupils for safeguarding purposes | NEW | Part 3 |
| Reintegration section extended to include safeguarding separation | CHANGED | Part 3 |
| Pupil voice requirement added for off-site direction and managed move decisions | NEW | Part 4 |
| AP statutory guidance reference updated to new document title | CHANGED | Part 4 |
| Off-site direction now applies to academies and PRUs via 2026 Regulations | NEW | Part 4 |
| PRUs can make off-site directions from 26 July 2026 | NEW | Part 4 |
| Mandatory detailed content requirements for off-site direction written notices | NEW | Part 4 |
| Transitional provisions for existing academy off-site placements | NEW | Part 4 |
| Information sharing requirement before off-site direction (between schools) | NEW | Part 4 |
| Trial managed moves explicitly stated to be unlawful | CLARIFIED | Part 4 |
| Register deletion and pupil registration requirements for managed moves clarified | CLARIFIED | Part 4 |
| Pupils must not be excluded for refusing a managed move | NEW | Part 4 |
| Managed moves must comply with School Admissions Code | CLARIFIED | Part 4 |
| Managed moves vs Fair Access Protocol: relationship clarified | NEW | Part 4 |
| LAC guidance: Pupil Premium Plus and interim PEP review added | CHANGED | Part 4 |
| Social workers to be notified when managed move contemplated for their pupils | NEW | Part 4 |
| Governing board data oversight: stronger language and new data categories | CHANGED | Part 7 |
| Governing board data review now includes safeguarding separations | CHANGED | Part 7 |
| Parents may bring more than one friend/rep to governing board meetings | CHANGED | Part 7 |
| Social worker’s role at governing board meetings: now includes ‘voice for the pupil’ | CHANGED | Part 7 |
| IRP role description reframed: focused on reinstatement decision, not exclusion | CHANGED | Part 10 |
| CTF transfer: LA can take on responsibility if agreed with governing body | CLARIFIED | Part 8 |
| New power to refuse remote meetings on safeguarding grounds | NEW | Part 11 |
| AP guidance reference in Annex B updated to new document | CHANGED | Annex B |
| Adverse Childhood Experiences resource removed from Annex B | REMOVED | Annex B |
| Publishing information links updated in Annex B | CHANGED | Annex B |
The guidance changed a lot in 2022 where we saw more detailed frameworks all maintained schools must follow for the suspension and permanent exclusion process.
This time around, the requirement for academies (including all free schools) to follow the statutory guidance means all educational settings (for compulsory school-aged pupils) have the same rules.
We’ve added some clarity to the larger changes seen in the new school exclusions guidance alongside some of the clarification useful to academies ensuring their processes are in line with the new framework.
Of course, the new guidance hinges on the current SEND support system of SEN Support and EHCPs. When the updated SEND reform consultation is published, this will shift how this document is implemented again, as the new SEND changes proposed change the support system into a 4-tiered model.
The new changes will be in force from the 26th of July 2026, meaning the new academic 2026/27 school year will follow these procedures. For SENDCos in Trusts, the ‘reset’ of the off-site placement reviews will make the Autumn term an extra busy one for you, so it’s useful to know the changes and how they’ll impact you ahead of time.

If you read the 82-page document, you’ll notice the language around permanent exclusion has been tightened. Where the 2024 version (still in force until July 2026) said suspensions and permanent exclusions ‘will sometimes be necessary as a last resort,’ the new guidance separates the two sanctions explicitly:
This signals that the DfE wants a clear and evidenced gap between making the decision for suspension and permanent exclusion. For inclusion-focused schools, this aligns with what good practice already looks like, but it’s now reflected in the statutory framework.
For the first time, the guidance explicitly addresses what happens when a school needs to ‘temporarily forbid a pupil from attending premises for safeguarding reasons’.
For example, when an allegation of harm by one pupil against another requires physically separating them.

Previously, the statutory off-site direction framework only applied to maintained schools. Academies could make similar arrangements under their general powers, but weren’t subject to the same legal requirements.
If your academy already uses off-site provision for behaviour support, you’ll need to check your processes align with the new statutory requirements.
Similarly, if your academy has a pupil already in an off-site placement currently, and it will continue into the new academic year, you need to ensure the placement process aligns with the framework requirements.
This means sending the required notice (all the information you’ll need is on page 22 of the updated guidance) and holding a review meeting for any off-site placements ‘as soon as practicable’ after the 1st of August (even if you’ve held a review in the 10 weeks before this date, one to be aware of.)
The guidance now states explicitly: ‘The law does not allow for ‘trial admissions’ or ‘trial managed moves’.‘
If a temporary move is needed to improve a pupil’s behaviour, the correct route is off-site direction. A managed move must be permanent from the outset, with the pupil’s name removed from the original school’s register only once the move is confirmed.
The guidance is clear to explain that a pupil must not be permanently excluded because their parent (or the pupil) refuses to agree to a managed move. Excluding a pupil for a non-disciplinary reason is unlawful.
If parents want their child to move but the school doesn’t agree a managed move is appropriate, the route is an in-year application through normal admissions, not exclusion.
There’s a new explicit requirement that when headteachers are considering either off-site direction or a managed move, the pupil must be supported to share their view and must be kept informed of how that view has been taken into account.
The 2024 guidance already required that pupils be given the opportunity to share their version of events before a suspension or exclusion decision was made.
The 2026 guidance now explicitly requires that a pupil’s views are also sought before decisions about off-site direction or managed moves.
For LAC at risk of exclusion, the Designated Teacher (DT) must now specifically consider how the school is using Pupil Premium Plus Funding and whether an interim PEP review needs to be called.
Additionally, when a managed move is being considered for any pupil with a social worker, the social worker must now be notified at the point the school is contemplating the move, not after a decision has been made.

For additional clarity when sharing this article (specifically for this section) with your governors, here’s a reminder of what the DfE classes a governor as for this document.
‘Governors’ covers all in the positions of: governing bodies for maintained schools, proprietors of academy schools and AP academies, and management committees of PRUs.
Governing boards are expected to ‘routinely challenge and evaluate’ pupil movement data and to ‘deploy maximum challenge to school leadership.’ That’s noticeably stronger language than before. The data review must now also include reviewing any safeguarding separation arrangements.
Parents can now bring more than one friend or representative to a governing board reinstatement meeting, subject to a reasonable limit on numbers. This is worth reflecting in your governing board’s procedures and parent communications.
Social workers attending governing board meetings can now act as a voice for the pupil, not just share information about their circumstances.
Governing boards and arranging authorities can now refuse a parent’s request for a remote meeting if safeguarding concerns (identified through a risk assessment) mean the remote format won’t enable full participation or can’t be held fairly and transparently.
In that case, the meeting must be held face to face. This is a new power that needs to sit within your remote meeting risk assessment process.

At IQM, inclusive practice and the ethical use of exclusion processes are deeply connected.
Schools that have embedded genuine inclusion, with strong early intervention, pupil voice, multi-agency working, and support for the most vulnerable learners, are the schools best placed to meet these new requirements.
If you’d like to talk about how the IQM framework supports your approach to suspension, exclusion, and inclusion, get in touch with our team.
This blog is based on a full review of the DfE’s August 2024 and July 2026 suspension and permanent exclusion statutory guidance documents. It does not constitute legal advice. Always refer directly to the statutory guidance and seek legal advice where appropriate.
The only national award for inclusion in the UK, IQM has been committed to recognising exemplary inclusive schools for over 20 years and in over 20 countries around the world. The three awards allow schools and organisations to celebrate their inclusive practice against nationally recognised framework.
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