The School Discipline (Pupil Exclusions and Reviews) (England) (Amendment and Transitional Provision) Regulations 2023

CHAPTER 2 E+W Amendments relating to cancelling exclusions

Insertion of regulation 17A into the 2012 Regulations E+W

10.  After regulation 17 insert—

“Cancellation of exclusion of a pupil

17A.— (1) Subject to paragraphs (2) and (3), if a teacher in charge decided to exclude a pupil, the teacher in charge may cancel the exclusion—

(a) either before or after it has begun; and

(b) whether or not the pupil has been admitted to another school following their exclusion.

(2) A teacher in charge may not cancel an exclusion under paragraph (1) if, by the time the teacher in charge comes to make the decision to cancel an exclusion, the pupil—

(a) has already been excluded for more than 45 days in any school year; or

(b) would have been excluded for more than 45 days in any school year when the cancellation took effect.

(3) In cases where regulation 14(3) applies by virtue of regulation 14(2), a teacher in charge may not cancel an exclusion under paragraph (1) if, by the time the teacher in charge comes to make the decision to cancel an exclusion, the management committee has commenced a meeting for the purpose of making a decision under regulation 15(2) regarding reinstatement of the pupil.

(4) Where an exclusion is cancelled in accordance with paragraph (1)—

(a) the teacher in charge must, without delay—

(i) inform the relevant person, the management committee, the local authority, the social worker and the virtual school head of the cancellation and the reasons for it in writing; and

(ii) reinstate the pupil;

(b) the management committee is not required to consider reinstatement of the pupil under regulation 15.”.

Commencement Information

I1 Reg. 10 in force at 1.9.2023, see reg. 1(1)