Updated guidance on exclusion for September 2023

‘Suspension and permanent exclusion from maintained schools, academies and pupil referral units in England, including pupil movement’ published 25 May 2023 reflects amendments to underpinning legislation and replaces the version published in 2017 for schools in England.

This guidance comes into force from 1 September 2023. The changes introduced include:

• Headteachers may cancel an exclusion that has not been reviewed by the governing board. This practice is sometimes known as withdrawing/rescinding a suspension or permanent exclusion. If this occurs, parents, the governing board and the local authority should be notified and if relevant, the social worker and virtual school head (VSH)
• When headteachers suspend or permanently exclude a pupil they must, without delay, notify parents. Legislative changes mean that if a pupil has a social worker, or if a pupil is looked-after, the headteacher must now, also without delay after their decision, notify the social worker and/or VSH, as applicable
• When headteachers suspend or permanently exclude a pupil, they must also notify the local authority, without delay. Legislative changes mean that this must be done regardless of the length of a suspension
• Guidance on the role of a social worker and VSH, during governing board meetings and IRP meetings
• Guidance on managed moves, what they are and how they should be used
• Clarified guidance on the use of off-site direction as a short-term measure that can be used as part of a school’s behaviour management strategy
• Further guidance on the practice of involving pupils so that any excluded pupil is enabled and encouraged to participate at all stages of the suspension or Section 29A Education Act 2002. The legal requirements and statutory guidance relating to this power are set out in guidance on alternative provision
• Guidance for governing boards to ensure that they review data to consider the level of pupil moves and the characteristics of pupils who have been permanently excluded to ensure the sanction is only used when necessary, as a last resort .

At the same time the DfE has produced a guide intended to support parents whose children attend a maintained school, pupil referral unit, academy school or alternative provision academy in England that will also apply from September 2023.

The parents’ guide explains the responsibility of parents and carers and how they can support their children to follow the school rules. The guidance is also clear on the role of those in governance with regard to behaviour and exclusion.