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

PART 4 E+W Academies

CHAPTER 1 E+W Amendments relating to remote access meetings

Amendment of regulation 23 of the 2012 Regulations E+W

11.—(1) Regulation 23 (exclusion of pupils: principal’s duty to inform relevant person, proprietor, local authority, social worker and virtual school head) is amended as follows.

(2) After paragraph (3)(b)(ii) insert—

“(iia) where a meeting of the proprietor is to consider the exclusion, that a remote meeting request may be made, if the relevant person wishes to be able to attend the meeting using remote access;”.

(3) In paragraph (3)(b)(iii) and (iv), after “representations” insert “or a remote meeting request”.

Commencement Information

I1 Reg. 11 in force at 1.9.2023, see reg. 1(1)

Amendment of regulation 24 of the 2012 Regulations E+W

12.—(1) Regulation 24 (functions of the proprietor in relation to excluded pupils) is amended as follows.

(2) For paragraph (3A) substitute—

“(3A) Paragraph (3B) applies if a remote meeting request has been made.”.

(3) In paragraph (3B)—

(a) in the words before sub-paragraph (a), for “may” substitute “must”;

(b) omit sub-paragraph (b).

(4) After paragraph (3C) insert—

“(3D) Where—

(a) a social worker or virtual school head; or

(b) their nominated representative as referred to in paragraph (3C),

attends a meeting referred to in paragraph (3)(c) which is taking place in person, they may do so using remote access provided the [F1 proprietor is] satisfied that the conditions referred to in paragraph (3B)(a), (c) and (d) are met.

(3E) Paragraph (3F) applies if—

(a) for a reason related to extraordinary events or unforeseen circumstances, it is not reasonably practicable for the meeting referred to in paragraph (3)(c) to be held in person; and

(b) the meeting is not already required to take place [F2 using remote access] pursuant to paragraph (3B).

(3F) 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 conditions referred to in paragraph (3B)(a), (c) and (d) are met.

(3G) Subject to the exception made for persons referred to in paragraph (3D), a meeting referred to in paragraph (3)(c) must be held in person unless—

(a) a remote meeting request is made; or

(b) for a reason related to extraordinary events or unforeseen circumstances, it is not reasonably practicable for the meeting to be held in person,

and the [F3 proprietor is] satisfied that the conditions in paragraph (3B)(a), (c) and (d) are met.”.

(5) In paragraph (6)(b)—

(a) after paragraph (iv) insert—

“(iva) where a review panel is to meet and review the proprietor’s decision, that a remote meeting request may be made, if the relevant person wishes to be able to attend the meeting using remote access;”;

(b) in paragraph (v)—

(i) after “for a review” insert “or a remote meeting request”;

(ii) for “and what the application” substitute “, and what these”;

(c) in paragraph (vi)—

(i) after “the application” insert “or remote meeting request”;

(ii) for “and the date by which the application” substitute “, and the date by which these”.

(6) In paragraph (7), for “paragraphs (7A), (7B), (7C), (7D) and” substitute “paragraphs (7E), (7F) and”.

(7) Omit paragraphs (7A) to (7D).

(8) Before paragraph (8) insert—

“(7E) Paragraph (7F) applies where, 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—

(a) it has not been reasonably practicable to meet in person for a reason related to extraordinary events or unforeseen circumstances; and

(b) it has not been reasonably practicable to meet by way of remote access for a reason related to the satisfaction of the conditions in paragraph (3B)(a), (c) and (d).

(7F) Where this paragraph applies, the time limit referred to in paragraph (7)(a) or (b) within which the proprietor must take steps is extended by such period as is reasonably necessary for a reason related to the extraordinary events or unforeseen circumstances.”.

Textual Amendments

F1 Words in reg. 12(4) substituted (31.8.2023) by The School Discipline (Pupil Exclusions and Reviews) (England) (Amendment and Transitional Provision) (No. 2) Regulations 2023 (S.I. 2023/882), regs. 1(2), 6(a) (with reg. 1(4))

F2 Words in reg. 12(4) substituted (31.8.2023) by The School Discipline (Pupil Exclusions and Reviews) (England) (Amendment and Transitional Provision) (No. 2) Regulations 2023 (S.I. 2023/882), regs. 1(2), 6(b) (with reg. 1(4))

F3 Words in reg. 12(4) substituted (31.8.2023) by The School Discipline (Pupil Exclusions and Reviews) (England) (Amendment and Transitional Provision) (No. 2) Regulations 2023 (S.I. 2023/882), regs. 1(2), 6(c) (with reg. 1(4))

Commencement Information

I2 Reg. 12 in force at 1.9.2023, see reg. 1(1)

CHAPTER 2 E+W Amendments relating to cancelling exclusions

Insertion of regulation 26A into the 2012 Regulations E+W

13.  After regulation 26 insert—

“Cancellation of exclusion of a pupil

26A.— (1) Subject to paragraphs (2) and (3), if a principal decided to exclude a pupil, the principal 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 principal may not cancel an exclusion under paragraph (1) if, by the time the principal 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 23(3) applies by virtue of regulation 23(2), a principal may not cancel an exclusion under paragraph (1) if, by the time the principal comes to make the decision to cancel an exclusion, the proprietor has commenced a meeting for the purpose of making a decision under regulation 24(2).

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

(a) the principal must, without delay—

(i) inform the relevant person, the proprietor, 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 proprietor is not required to consider reinstatement of the pupil under regulation 24.”.

Commencement Information

I3 Reg. 13 in force at 1.9.2023, see reg. 1(1)