New Suspension and Exclusion Rules for Schools (in force 26 July 2026)

The Department for Education published new statutory guidance on Suspension and Permanent Exclusion in maintained schools, academies and pupil referral units on 26 May 2026. It came into force on 26 July 2026 — meaning it applies from the start of the 2026/27 school year.

The guidance reinforces that exclusion should always be a last resort. For SEND families, three things matter most:

1. Schools must consider whether a child's unmet SEND need is driving the behaviour. Before a suspension or permanent exclusion goes ahead, the school must consider whether reasonable adjustments under the Equality Act 2010 have been made, and whether the child needs an EHC needs assessment or an EHC plan review.
2. Off-site direction in academies is now regulated in the same way as in maintained schools. Previously the rules were inconsistent — this closes that gap.
3. A new 'Separation of pupils' safeguarding tool allows schools to keep a child apart from peers in specific safeguarding circumstances, with clear boundaries on how it can be used.

Children with SEND are suspended at 3 to 4 times the national average rate. If you receive a suspension or exclusion letter:

• Ask for the decision in writing with reasons.
• Ask what reasonable adjustments were considered and what SEND support was in place.
• Ask for the governors' review — you have the right to attend and be accompanied.
• Contact IPSEA (0300 222 5899) or SOS!SEN (020 8538 3731) for advice.

If exclusion goes ahead, a Governor Review is your next step, followed by an Independent Review Panel.