September is a fresh start. But if your school has an inclusion base, the legal framework around it changed over the summer – and you need to be ready.

Two documents published in 2026 reshape the framework for inclusion bases:

1. The updated suspension and permanent exclusion guidance (effective 26 July 2026)
2. The new inclusion bases in schools guidance (non-statutory, published June 2026).

The two documents serve different purposes. The exclusions guidance is statutory: schools, academies and pupil referral units must have regard to it.

The Inclusion Bases in Schools guidance is non-statutory. It doesn't override legislation, but it sets clear national expectations for how inclusion bases should operate. Where inclusion base access involves any pupil movement, both documents apply and must be read together.

These two documents don't represent the complete legal framework for inclusion bases. Schools and academy trusts operating an inclusion base remain subject to their existing statutory duties, none of which are altered by establishing or using a base.

What are the statutory duties for inclusion in schools?

In short, the duties are:

• To use best endeavours to secure appropriate special educational provision.
• To comply in full with the EHCP for pupils placed in or accessing the base.
• To make reasonable adjustments for disabled pupils under the Equality Act 2010.
• To meet the expectations set out in the SEND Code of Practice 2015.

Where a pupil has an Education Health Care Plan (EHCP), the placement must be consistent with the provision specified in that Plan; it cannot be used as a substitute for securing that provision through proper channels. 

Any school unsure whether a proposed Inclusion Base placement is compatible with a pupil's EHCP should seek advice before the placement begins.

You need to understand what has changed, and how the two documents interact, before the autumn term begins.

What has changed

The updated exclusions guidance was prompted by changes in the Children's Wellbeing and Schools Act 2026 relating to off-site directions. The DfE also made other updates, including changes to managed moves and a new section on safeguarding separations.

Separately, the DfE published the Inclusion Bases in Schools guidance in June 2026. This is the first nationally consistent framework for what schools variously call “SEND hubs”, “resourced provisions”, “SEN units" and “support bases". It's non-statutory, but it sits alongside the statutory changes to create a combined framework that every school with an inclusion base should understand. It clarifies that inclusion bases underpin two models:

1. Support bases: Commissioned and funded by individual settings, academy trusts or local groups of schools; and
2. Specialist bases: Commissioned and funded by the Local Authority. 

The guidance sets out what good commissioning, admissions, placement, reintegration and governance look like. It does not, however, stand alone: for any school using an Inclusion Base as a placement for pupils from another school, or directing their own pupils into a base, the statutory exclusions guidance governs the legal process for doing so. Both documents are required reading.

The off-site direction change

Where a pupil is sent to attend provision elsewhere, including an inclusion base, to improve their behaviour, this is an off-site direction. It's a legal mechanism arranged by the governing board. It isn't a suspension, an informal arrangement or a managed move.

For academy trusts, this power is now granted on a statutory footing. Trusts should review their schemes of delegation to confirm that local governance (whether the local governing board or equivalent) is expressly authorised to exercise this power, and that it has not been reserved to the trust board without further delegation.

The statutory exclusions guidance now requires schools and academies to give parents two school days' notice before an off-site direction takes effect.

Notice requirements

The written notice must set out:

• The address where provision will be made.
• Who the pupil should report to.
• The duration of the placement.
• The reasons for and objectives of the placement.
• The session times (see guidance around morning/afternoon/start/end and breaks due to requirements for proper notice).

Parental consent isn't required, but the notice period gives parents a meaningful opportunity to engage. Failing to give adequate notice in the required form risks the placement being open to legal challenge.

Reviews

Reviews must take place at relevant intervals and must include the headteacher, parents, someone nominated by the board of trustees, and a representative of the inclusion base. Where the pupil has an education, health and care (EHC) plan, the local authority must also be invited.

Written invitations must be sent to all required attendees at least six days before the review. This six-day notice requirement applies to all review meetings, not only the transitional first meeting. Following each review, the outcome - including whether to continue, vary or end the placement, and the reasons for that decision - must be confirmed in writing to all relevant parties within six days.

Failure to follow either the invitation or the outcome notification requirements is a breach of the statutory review process.

Reintegration

The Inclusion Bases in Schools guidance builds on this: where placements in an inclusion base are time-limited for behavioural or pastoral support, schools must have a clear reintegration strategy documented from the point the placement begins.

The message from both documents is the same: a time-limited placement in an inclusion base is only lawful and educationally defensible if it follows the correct notice and review process and includes a plan for what happens next.

Transitional arrangements

Where an off-site direction was imposed before 26 July 2026 and the pupil remains on that placement on or after that date, the school or academy must:

• Provide written notice to parents as soon as practicable on or after 26 July 2026 and no fewer than six days before the first review meeting.
• Hold the first review meeting as soon as reasonably practicable after 1 August 2026, regardless of whether a review has been held in the previous ten weeks.
• Ensure that invitations to the first review meeting are sent at least six days before the scheduled date and make clear that written views must be submitted before the meeting.

This reflects the statutory transitional provisions for off-site direction placements that began before 26 July 2026 and continue after that date. If you have existing placements, audit your documentation now.

Off-site directions and managed moves into inclusion bases

Placement in an inclusion base, whether by the host school for its own pupils or by a commissioning school directing pupils there, must follow a lawful, documented process. There are two distinct legal mechanisms for pupil movement. Using the wrong one, or none at all, puts the school at risk of legal challenge and regulatory scrutiny.

Temporary placement: Off-site direction

If a pupil is being sent to an inclusion base temporarily to improve their behaviour, off-site direction is the correct mechanism. The statutory process described above applies in full. The Inclusion Bases in Schools guidance adds that written notification to parents is required for all time-limited placements, and that a reintegration strategy must be clear from day one.

Access to an inclusion base must never be used as a sanction or simply to remove a pupil from their classroom. An off-site direction must be used to improve future behaviour, not as a punishment, and the placement must be needs-led.

Permanent transfer: Managed move

A managed move is a voluntary, planned process resulting in permanent transfer to another mainstream school. It requires the genuine agreement of all parties. The statutory exclusions guidance is clear: the law does not permit trial managed moves. This is a legal prohibition, not simply a matter of good practice.

If a temporary arrangement is needed to address behaviour, off-site direction is the correct mechanism. Leaders who arrange what they describe as a "trial" placement in an inclusion base without following the off-site direction process are creating an undocumented, legally questionable removal from the pupil's school of registration.

Admissions law applies in all cases

Any permanent transfer to another school must comply with the School Admissions Code unless the pupil has an EHC plan. A period of off-site direction, including time spent in an inclusion base, doesn't bypass admissions requirements or create an entitlement to a permanent place. Where an in-year application is made as part of a managed move, the admission authority must allocate a place in accordance with its oversubscription criteria. A pupil can't be admitted ahead of those on a waiting list unless they meet the school's published criteria more closely.

The guidance doesn't resolve how this works where a pupil is already on the receiving school's roll via an off-site direction. That tension remains unresolved, and leaders in that position should seek advice from their local authority or admissions team before proceeding.

Practical compliance checklist for inclusion base placements

For every time-limited placement into an inclusion base, the following should be documented at the outset:

• The legal basis (off-site direction; dual registration; or other).
• Written notice to parents meeting the statutory content requirements.
• Objectives, expected duration, and review dates.
• Safeguarding, attendance and transport responsibilities (host school versus sending school).
• A reintegration plan, with a named person responsible for reviewing it.

Both the exclusions guidance and the Inclusion Bases in Schools guidance expect this level of documentation. If you don't have a documented plan, that alone is a compliance concern.

Managed moves: admissions and off-rolling risk

The managed move framework is binary: a pupil either moves with genuine parental consent and through the proper admissions process, or they don't. The Inclusion Bases in Schools guidance is equally clear that access to an inclusion base should never be used as a sanction or as a substitute for a properly documented placement.

Off-rolling

The list of practices that can constitute off-rolling has been expanded in the updated exclusions guidance. The Inclusion Bases in Schools guidance reinforces this directly.

The exclusions guidance identifies specific examples of off-rolling, including:

• Placing a pupil on an informal part-time timetable for behavioural reasons.
• Sending a pupil home without a formal suspension.

These are just two examples. The exclusions guidance sets out a wider list of practices that may constitute off-rolling. Schools and inclusion bases should be familiar with the full list.

Using inclusion base access in the same way - undocumented, without a reintegration plan, and without a formal off-site direction - carries the same risk. The exclusions guidance and the Inclusion Bases in Schools guidance are aligned: removing a pupil from provision without a proper process and a clear plan is not acceptable.

If the removal isn't documented as a lawful exclusion, off-site direction or managed move, with the required paperwork and review process, it is high risk.

Safeguarding separations

The DfE has added a new section to the exclusions guidance on safeguarding separations, following a 2021 case that confirmed schools could direct a pupil off-site for safeguarding reasons. This is distinct from a suspension or exclusion and is intended for rare cases where an allegation of harm from one pupil against another requires them to be separated.

Key points for inclusion bases

• Any safeguarding separation must be time limited.
• It is not a suspension and does not carry the same appeal rights; parents can raise concerns through the school's complaints process.
• Where neither the parent nor the school is providing education during the separation, the local authority is responsible for arranging it.
• Reintegration planning following a safeguarding separation is expected - leaders should document the plan for return just as they would for an off-site direction.

For inclusion bases where pupils from multiple schools are on roll, clear SLA provisions on safeguarding separations - including who holds safeguarding lead responsibility for dual-registered pupils – are essential.

Service level agreements (SLAs)

The Inclusion Bases in Schools guidance is clear that where the commissioner is distinct from the host school, arrangements should be set out in an SLA. Where the commissioner and host school are the same entity, it's still good practice to set out a clear service specification. Most inclusion base SLAs were drafted before any of the 2026 changes existed, and many were drafted without legal input.

The combined framework now sets a higher bar for what a compliant SLA needs to address.

The Inclusion Bases in Schools guidance sets out what a well-drafted SLA or service specification should cover as a minimum: entry and exit criteria; reintegration responsibilities; governance and review arrangements; admissions and transition processes; and the respective accountability of commissioner and host school for safeguarding, attendance and transport.

Where any placement may involve off-site direction, the SLA should also address how the statutory notice and review requirements will be administered and documented - including who issues notice, who attends and chairs reviews, and what happens if a review concludes the placement is no longer appropriate.

Key questions inclusion bases need to ask

• Have informal “trial” arrangements for pupils from partner schools been replaced with properly documented off-site directions?
• Does your SLA set out a clear transition process for pupils leaving the base?
• Does your SLA address the mandatory review process for off-site directions, including who attends, who chairs, and what happens if the review concludes the placement is no longer appropriate?
• For academy trusts with existing off-site placements: have you reviewed your documentation and processes for compliance with the regulations that came into force on 26 July?
• Does your SLA set out a clear and limited framework for temporary removal from the base, including a maximum duration, same-day notification to parents and the commissioner, commissioner responsibility for arranging alternative provision during any removal, and a trigger threshold at which a formal review must take place?
• Does your SLA address safeguarding separations, including who arranges alternative provision, who holds safeguarding lead responsibility for dual-registered pupils, and how complaints are handled?
• Does your SLA confirm that place funding continues during any period of temporary removal or off-site direction?
• Does your SLA make provision for the transfer of pupil data, including who is responsible for initiating and maintaining information flows and how data is documented and retained?

If you can't confidently answer yes to each of the above, your SLA needs updating. If you'd like to review your SLA, discuss the transitional arrangements for existing off-site placements, or talk through any of the issues raised here, please get in touch.

Our inclusion strategy template walks you through every requirement, from barriers to learning to the seven principles of inclusion, so you can get a compliant strategy in place now. It's part of our SEND support pack, which also includes a SEND information report, SEND policy, accessibility plan and more to support you throughout the EHCP process.