Dear Colleagues,
As you will know the DfE has released the new Suspension and Permanent Exclusion from Maintained Schools, Academies and Pupil Referral Units in England, Including Pupil Movement, guidance (2022). This has been released is for information and will come into
force from 1st September 2022, replacing the 2017 guidance.
Suspension and Permanent Exclusion from maintained schools, academies and pupil referral
units in England, including pupil movement (publishing.service.gov.uk)
The 2022 guidance details the legal responsibilities for those who suspend (fixed period exclusion) and permanently exclude pupils from educational settings, including:
- headteachers
- local authorities
- governing bodies
- academy trusts
- independent review panel members
- independent review panel clerks
- special educational needs experts
It governs the exclusion of pupils from:
- local-authority-maintained schools
- academies and free schools
- pupil referral units
Statutory guidance sets out what schools and local authorities must do to comply with the law. There are a number of updates within the 2022 guidance:
- 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 VSH. Further information of other actions that should take place after an exclusion is cancelled is set out in paragraph 13.
- 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 permanent exclusion process, considering their age and ability to understand.
- 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 permanent exclusion process, considering their age and ability to understand.
- 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.
Those with responsibilities in the area of suspension, exclusion and pupil moves are advised to read the document and any related legislation and advice in full.
The Exclusions Team will be reviewing this, linking with colleagues, over the summer break to ensure our advice and guidance and model letters are updated as required.
In addition, the DfE has released for information the Behaviour in Schools: Advice for Headteachers and School Staff 2022, again coming into force on the 1st September 2022.
Behaviour_in_Schools_guidance_July_2022.pdf