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

CHAPTER 2 Amendments relating to cancelling exclusions

Insertion of regulation 26A into the 2012 Regulations

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.”.