No.
DfE’s guidance says in terms that a headteacher need not hold off a suspension or permanent exclusion just because the police are investigating or charges might follow. The decision is taken on the evidence available at the time, to the civil standard — more likely than not — never the criminal one. The governing board cannot park its reinstatement meeting on that ground either.
updated 26 Jul 2026last checked 8 Aug 2026
What the source actually says
The starting point, in the section written specifically about police involvement:
“The headteacher need not postpone taking a decision on a suspension and permanent exclusion solely because a police investigation is underway and/or any criminal proceedings may be brought.”
— Suspension and permanent exclusion from maintained schools, academies and pupil referral units in England, including pupil movement, DfE, July 2026 edition (in force from 26 July 2026), para 292 DfE
“In such circumstances, the headteacher will need to take a decision on the evidence available to them at the time”
— Suspension and permanent exclusion from maintained schools, academies and pupil referral units in England, including pupil movement, DfE, July 2026 edition, para 292 DfE
The standard that decision is judged against is not the one a police investigation is working to:
“When establishing the facts in relation to a suspension or permanent exclusion decision the headteacher must apply the civil standard of proof, i.e. ‘on the balance of probabilities’ it is more likely than not that a fact is true, rather than the criminal standard of ‘beyond reasonable doubt.’”
— Suspension and permanent exclusion from maintained schools, academies and pupil referral units in England, including pupil movement, DfE, July 2026 edition, para 3 DfE
The same applies further down the process. The governing board reviewing the exclusion has no waiting option at all:
“Where the governing board is required to consider a reinstatement in these circumstances, it cannot postpone its meeting and must decide whether or not to reinstate the pupil on the evidence available.”
— Suspension and permanent exclusion from maintained schools, academies and pupil referral units in England, including pupil movement, DfE, July 2026 edition, para 294 DfE
None of that lowers the fairness bar — it moves the burden onto how the decision is made, not onto whether it can be made:
“Where the evidence is limited by a police investigation or criminal proceedings, the headteacher should consider any additional steps they may need to take to ensure that the decision to suspend or permanently exclude is fair.”
— Suspension and permanent exclusion from maintained schools, academies and pupil referral units in England, including pupil movement, DfE, July 2026 edition, para 293 DfE
“The final decision on whether to suspend or permanently exclude is for the headteacher to make.”
— Suspension and permanent exclusion from maintained schools, academies and pupil referral units in England, including pupil movement, DfE, July 2026 edition, para 293 DfE
Note who this binds: the decision, and the waiting question, belong to the headteacher and the governing board. No classroom teacher decides an exclusion — see Can anyone other than the headteacher exclude a pupil?.
Your school may still require it
A school can lawfully decide to wait — to take police advice first, or to hold off until a safeguarding referral has been picked up. That is a school choice, made with an eye on its duty of care and on Keeping children safe in education, which the same paragraph tells schools to follow. What it is not is a legal requirement, so “we can’t act while the police are involved” is a decision someone has taken, not a rule anyone imposed.
See also Can a pupil be sent home to cool off? and If a pupil hurt me, do I get a say at the exclusion review?.