The School Discipline (Pupil Exclusions and Reviews) (England) Regulations 2012

Functions of the proprietor in relation to excluded pupils E+W

24.—(1) Paragraphs (2) to (6) apply where the proprietor is informed under regulation 23(3)(a) of—

(a) the permanent exclusion of a pupil;

(b) the exclusion of a pupil where, as a result of the exclusion, the pupil would—

(i) be excluded for a total of more than 15 school days in any term; or

(ii) lose an opportunity to take a public examination or a National Curriculum test; or

(c) the exclusion of a pupil where—

(i) the pupil would as a result of the exclusion be excluded for a total of more than 5 school days in any term; and

(ii) the relevant person makes representations under regulation 23(3)(b).

(2) The proprietor must decide—

(a) whether or not the pupil should be reinstated; and

(b) where it considers that the pupil should be reinstated, whether the pupil should be reinstated immediately or by a particular date.

(3) In order to decide whether or not a pupil should be reinstated, the proprietor must—

(a) consider the interests and circumstances of the excluded pupil, including the circumstances in which the pupil was excluded, and have regard to the interests of other pupils and persons working at the Academy (including persons working at the Academy voluntarily);

(b) consider any representations about the exclusion made to the proprietor by or on behalf of the relevant person or the principal;

(c) take reasonable steps to arrange a meeting at which the exclusion is to be considered for a time and date when each of the following persons is able to attend—

(i) the principal;

(ii) the relevant person (and, where requested by the relevant person, a representative or friend of the relevant person); and

(iii) where requested by the relevant person, a representative of the local authority (and, if applicable, the home local authority);

(d) allow each of the persons described in sub-paragraphs (c)(i) and (ii) to attend the meeting and to make representations about the exclusion; and

(e) allow the person described in sub-paragraph (c)(iii) to attend the meeting as an observer, unless the proprietor gives that person permission to make representations.

[F1 (3A) Paragraph (3B) applies if—

(a) for a reason related to the incidence or transmission of coronavirus, it is not reasonably practicable for the meeting referred to in paragraph (3)(c) to be held in person; and

(b) the exclusion to be considered at the meeting is a relevant exclusion.

(3B) Where this paragraph applies, the meeting referred to in paragraph (3)(c) may be held using remote access, provided the proprietor is satisfied that the following conditions are met—

(a) the participants will be able fully to make representations or discharge their functions (as the case may be);

(b) the participants agree to the meeting being held using remote access;

(c) each participant has access to the electronic means to allow them to hear and be heard and (where using a live video link) see and be seen, throughout the meeting; and

(d) the meeting is capable of being held fairly and transparently.]

(4) If the proprietor decides that the pupil should be reinstated, it must without delay—

(a) direct the principal accordingly; and

(b) inform the relevant person and the local authority (and, if applicable, the home local authority) of its decision and the reasons for it in writing.

(5) The principal must comply with a direction of the proprietor to reinstate the pupil.

(6) If the proprietor decides not to reinstate the pupil it must without delay—

(a) inform the relevant person, the principal and the local authority (and, if applicable, the home local authority) of its decision and the reasons for it in writing; and

(b) in the case of a pupil who is permanently excluded, give the relevant person notice in writing stating the following—

(i) that the exclusion is permanent;

(ii) that the relevant person may apply for the proprietor's decision to be reviewed by a review panel;

(iii) where the relevant person applies for a review, that the relevant person may require the proprietor to appoint a SEN expert to advise the review panel;

(iv) the role of the SEN expert in relation to a review;

(v) how an application for a review may be made and what the application must contain;

(vi) where and to whom to send the application and the date by which the application must be received;

(vii) that the relevant person may, at their own expense, appoint someone to make representations for the purpose of the review; and

(viii) that the relevant person may issue a claim under the Equality Act 2010 where the relevant person believes that unlawful discrimination has occurred, and the time within which such a claim should be made.

(7) [F2 Subject to paragraphs (7A), (7B) and] (8), after being informed of the matters in regulation 23(3)(a), the proprietor must take the steps referred to in paragraphs (2) and (3) within—

(a) 15 school days in the case of—

(i) a permanent exclusion;

(ii) an exclusion for a fixed period which would cause the pupil's total number of days of exclusion to exceed 15 school days in any term; or

(iii) an exclusion where the pupil would, as a result of the exclusion, lose an opportunity to take a public examination or a National Curriculum test; or

(b) 50 school days in the case of an exclusion for a fixed period where—

(i) the pupil would, as a result of the exclusion, be excluded for a total of more than 5 school days but not more than 15 school days in any term; and

(ii) the relevant person has made representations under regulation 23(3)(b).

[F3 (7A) Paragraph (7B) applies where, in relation to a relevant exclusion—

(a) immediately before the applicable time limit referred to in paragraph (7)(a) or (b) expires, the meeting referred to in paragraph (3)(c) has not been held because—

(i) it has not been reasonably practicable to do so in person for a reason related to the incidence or transmission of coronavirus; and

(ii) it has not been reasonably practicable to do so by way of remote access for a reason related to the satisfaction of the conditions in paragraph (3B)(a) to (d); and

(b) that time limit expires on or after the 1st June 2020.

(7B) Where this paragraph applies, the time limit referred to in paragraph (7)(a) or, as the case may be, (7)(b), within which the proprietor must take steps is extended by 10 school days, or such longer period as is reasonably necessary for a reason related to the incidence and transmission of coronavirus.]

(8) Where a pupil has been excluded in circumstances in which the pupil would, as a result of the exclusion, lose an opportunity to take a public examination or a National Curriculum test, the proprietor must (so far as it is reasonably practicable) take the steps referred to in paragraphs (2) and (3) before the date on which the pupil is due to take the examination or test.

(9) Where—

(a) a pupil has been excluded in circumstances where paragraphs (2) to (6) do not apply; and

(b) the proprietor receives representations made under regulation 23(1)(b) from the relevant person about the exclusion,

the proprietor must consider those representations.

(10) The proprietor will not be relieved of the duty to take any step referred to in paragraph (2) or (3) because it has not been taken within the period specified in paragraph (7) or (8).

(11) The notice in writing referred to in paragraph (6)(b)—

(a) may be given by—

(i) delivering it directly to the relevant person;

(ii) delivering it to the relevant person's last known address; or

(iii) sending it by first class post to the relevant person's last known address; and

(b) unless the contrary is shown, will be taken to have been given—

(i) where first class post is used, on the second working day after the date of posting; or

(ii) where the notice is delivered, on the date of delivery.

Textual Amendments

F1 Reg. 24(3A)(3B) inserted (1.6.2020) by The School Discipline (England) (Coronavirus) (Pupil Exclusions and Reviews) (Amendment) Regulations 2020 (S.I. 2020/543), regs. 1, 7(a)

F2 Words in reg. 24(7) substituted (1.6.2020) by The School Discipline (England) (Coronavirus) (Pupil Exclusions and Reviews) (Amendment) Regulations 2020 (S.I. 2020/543), regs. 1, 7(b)

F3 Reg. 24(7A)(7B) inserted (1.6.2020) by The School Discipline (England) (Coronavirus) (Pupil Exclusions and Reviews) (Amendment) Regulations 2020 (S.I. 2020/543), regs. 1, 7(c)