Schools can suspend a child (send them home temporarily) or permanently exclude them (remove them from the school roll). Permanent exclusion is supposed to be an absolute last resort. Suspensions cannot total more than 45 school days in a single school year.
What’s new in 2026?
1. “Off-site direction” now applies to Pupil Referral Units too
From 26 July 2026, Pupil Referral Units (PRUs) can now formally send a pupil to another setting temporarily to help improve their behaviour. This is called off-site direction. Previously, this only applied to mainstream schools and academies.
If your child attends a PRU and this happens, the school must notify you in writing with specific details — including where your child will be, for how long, and why.
2. Stronger rules around “off-site direction” for all schools
If a school sends your child to another setting temporarily, there are now clearer rules:
• You must be notified in writing at least two school days before it happens
• The notice must include the address, who to report to, the times, and the reason
• The placement must be regularly reviewed — and you have the right to request a review meeting
• You can submit your views in writing if you can’t attend
This is important for SEND families because schools cannot use off-site direction as a punishment, it must be about improving your child’s behaviour going forward.
3. Your child’s SEND must be considered before any exclusion
This hasn’t changed, but the guidance reinforces it clearly. Schools must:
• Make reasonable adjustments for disabled children
• Use their “best endeavours” to meet your child’s SEN needs
• Consider whether your child’s behaviour is linked to their SEN before excluding
• Contact the local authority early if your child has an EHC plan and is at risk of exclusion
If a school excludes a child without considering their SEND needs properly, that exclusion could be unlawful.
4. You have the right to challenge
If your child is permanently excluded, here’s the process:
1. The headteacher makes the decision
2. The governing board must review it (within 15 school days for permanent exclusions)
3. If the governing board upholds the exclusion, you can apply for an Independent Review Panel (IRP) within 15 school days
4. You have the right to request a SEN expert at that panel — free of charge — even if the school doesn’t recognise your child as having SEN
*** Always request the SEN expert if your child has any additional needs. It costs you nothing.
5. Meetings can now be held online if you request it
You can now formally request that governing board hearings or independent review panels are held via video call rather than in person. This can make it easier for parents who struggle to attend in person. The school or local authority must agree, as long as the meeting can still be held fairly.
What schools are NOT allowed to do
The guidance is clear that the following are unlawful:
• Excluding a child because of their SEN or disability
• Pressuring you into a “managed move” to another school under threat of exclusion
• Putting your child on a part-time timetable for behavioural reasons without following proper process
• Sending a child home informally without issuing a formal suspension
If any of this has happened to your child, you have the right to complain — and in some cases, to take it further.
Key tips for SEND parents
Ask for everything in writing - every suspension, every decision, every reason
Request an early annual review of your child’s EHC plan if they are at risk of exclusion
Request a SEN expert at any Independent Review Panel
Know your rights - exclusion on the basis of SEN or disability alone is unlawful