DfE to propose schools deploy on-site suspensions: Legal comment
Schools in England will be told to increase the use of on-site suspensions for poor pupil behaviour, the Department for Education (DfE) has said.
Education Secretary Bridget Phillipson has called for schools to limit the amount of learning that children miss following a 21% rise in suspensions between 2022-23 and 2023-24, from 787,000 to 955,000.
On-site suspensions – also known as internal suspensions or isolation – should only be used for non-violent behavioural issues.
Philip Wood, Principal Associate in the education team at UK and Ireland law firm Browne Jacobson, said: “Many schools already routinely deploy internal suspensions as sanctions for pupil behaviour, and the High Court confirmed that isolating students is legal if done fairly and within school rules in a significant ruling last year.
“The DfE therefore appears to be merely formalising standard practices rather than identifying innovative strategies to solve a major challenge in education, with 45% of respondents reporting an increase in suspensions and permanent exclusions in the 12 months leading up to our summer 2025 School Leaders Survey.
“However, given that few schools currently track the use of internal suspensions, there may be concerns about the extra administration and potentially investment in appropriate facilities this may involve if it becomes a new requirement.
“The behaviour issue ties in with broader challenges relating to pupils with special educational needs and disabilities (SEND), who, along with those eligible for school meals, have much higher rates of suspensions and exclusions.
“The latest SEND Tribunal statistics for 2024/25 indicate a 12% rise in discrimination claims last year, and we know that a significant proportion of these relate to suspensions and exclusions.
“Therefore, the education sector will want to see real action in the upcoming schools white paper on tackling the roots of the suspensions and exclusions issue by creating a well-functioning SEND system.”
Contact
Dan Robinson
PR & Communications Manager
Dan.Robinson@brownejacobson.com
+44 0330 045 1072
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