Key considerations & legal obligations
The DfE guidance “Suspension and permanent exclusion from maintained schools, academies and pupil referral units in England, including pupil movement” (2026) includes detailed guidance on the process and the obligations of a Trust to parents, pupils and the local authority.
Time limits
Documentation should be sent “without delay” after the headteacher’s decision. This should be the same day wherever possible, which may be by telephone or in person first, followed by written notice. A Trust must provide the public-place duty notice for compulsory school-age pupils by the end of the afternoon session on the first day of the exclusion. If the pupil is to be placed in alternative provision, these details must be included by the end of day 1 if details are known, or without delay and no later than 48 hours before the provision starts if the details are not yet known.
When and what to redact
Data of other pupils should be redacted or pseudonymised when included within an exclusion notice or accompanying witness statement. Trusts should consider whether staff or other third-party data should be redacted from witness statements if it is justifiable — for example, when harm could come to those individuals due to their statements. Addresses of staff who provide witness statements should always be redacted. Trusts should only share information necessary for the exclusion process and avoid irrelevant background information.
Common mistakes
Not applying any redactions, particularly in reference to any witness statements that may be included. Using personal data in the notice when it isn’t required — for example, referring to violent incidents between the excluded pupil and another by naming the victim, when it would be more appropriate to just refer to “a victim” or “victims”.
Why this matters
Any missed redaction constitutes a data breach as per UK GDPR, which could result in regulatory action from the ICO and/or civil action by the affected data subjects. Depending on the facts of the exclusion, this could result in individuals suffering harm as a consequence of the disclosure.
Decision tree
Not included, as there are no alternative approaches based on the facts. We apply the general principle of redacting all third-party data.