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

PART 1 E+W General

Citation, commencement and application E+W

1.—(1) These Regulations may be cited as the School Discipline (Pupil Exclusions and Reviews)(England) Regulations 2012 and come into force on 1st September 2012.

(2) These Regulations apply only in relation to exclusions of pupils from maintained schools, pupil referral units, Academy schools and alternative provision Academies, in England, occurring on or after 1st September 2012.

Interpretation E+W

2.—(1) In these Regulations—

“the Act” means the Education Act 2002;

“Academy” means an Academy school or an alternative provision Academy;

F1 ...

[F2 “extraordinary events or unforeseen circumstances” means extraordinary events or unforeseen circumstances arising after a meeting has been agreed to take place in person;]

“home local authority” means the local authority responsible for the area in which the pupil resides where this differs from the local authority in which the pupil's school is located;

“National Curriculum test” means any test specified in, or by virtue of, an order under section 87(3)(c) of the Act;

“principal” means the head teacher of an Academy;

“reference date” means 31st December, Easter Monday or 31st July;

F3 ...

“relevant person” means—

(a)

in relation to a pupil under the age of 18, a parent of the pupil; or

(b)

in relation to a pupil who has attained that age, the pupil;

[F4 “remote access” means access to a meeting to enable those who are not all present together at the same place to attend and participate simultaneously by electronic means, including by live audio and live video link;]

[F5 “remote meeting request” means a request by a relevant person for a meeting to be held using remote access;]

“review” means a review of a decision not to reinstate a pupil;

“review panel” means a review panel constituted in accordance with Schedule 1;

“SEN expert” means an individual who—

(a)

has expertise and experience of special educational needs M1 considered by the local authority (or, in relation to an Academy, the proprietor M2 ) as appropriate to perform the functions specified in paragraph 18 of Schedule 1; and

(b)

is not disqualified from appointment under paragraph 3(7) of Schedule 1;

[F6 “social worker” means a registered social worker within the meaning of regulations 2(5) and (6) of the Social Workers Regulations 2018 and a reference to a social worker in these Regulations is a reference to any social worker who is assigned to the pupil who is excluded from a maintained school, pupil referral unit or an Academy;]

“term” means—

(a)

in a school which has 3 terms or fewer in a school year M3 , one of those terms; or

(b)

in a school which has more than 3 terms in a school year, any period which falls between 2 reference dates;

“unit” means a pupil referral unit; F7 ...

[F8 “virtual school head” means a person appointed under section 22(3B) (general duty of local authority in relation to children looked after by them) of the Children Act 1989 and a reference to a virtual school head in these Regulations is to any virtual school head who has responsibility for the pupil who is excluded from a maintained school, pupil referral unit or an Academy; and]

“working day” means a day other than a Saturday, a Sunday, Christmas Day, Good Friday or a day which is a bank holiday within the meaning of the Banking and Financial Dealings Act 1971 M4 .

(2) For the purpose of these Regulations, any exclusion for a fixed period consisting of the period between the morning and afternoon school sessions is taken to be half a school day.

Textual Amendments

F1 Words in reg. 2(1) omitted (1.9.2023) by virtue of The School Discipline (Pupil Exclusions and Reviews) (England) (Amendment and Transitional Provision) Regulations 2023 (S.I. 2023/571), regs. 1(1), 4(a) (with regs. 1(3), 16) (as amended by S.I. 2023/882, regs. 1(2), 4, 8 (with reg. 1(4))

F2 Words in reg. 2(1) inserted (1.9.2023) by The School Discipline (Pupil Exclusions and Reviews) (England) (Amendment and Transitional Provision) Regulations 2023 (S.I. 2023/571), regs. 1(1), 4(b) (with regs. 1(3), 16) (as amended by S.I. 2023/882, regs. 1(2), 4, 8 (with reg. 1(4))

F3 Words in reg. 2(1) omitted (1.9.2023) by virtue of The School Discipline (Pupil Exclusions and Reviews) (England) (Amendment and Transitional Provision) Regulations 2023 (S.I. 2023/571), regs. 1(1), 4(c) (with regs. 1(3), 16) (as amended by S.I. 2023/882, regs. 1(2), 4, 8 (with reg. 1(4))

F4 Words in reg. 2(1) inserted (1.6.2020) by The School Discipline (England) (Coronavirus) (Pupil Exclusions and Reviews) (Amendment) Regulations 2020 (S.I. 2020/543), regs. 1, 4

F5 Words in reg. 2(1) inserted (1.9.2023) by The School Discipline (Pupil Exclusions and Reviews) (England) (Amendment and Transitional Provision) Regulations 2023 (S.I. 2023/571), regs. 1(1), 4(d) (with regs. 1(3), 16) (as amended by S.I. 2023/882, regs. 1(2), 4, 8 (with reg. 1(4))

F6 Words in reg. 2 inserted (1.9.2022) by The School Discipline (Pupil Exclusions and Reviews) (England) (Amendment) Regulations 2022 (S.I. 2022/788), regs. 1(2), 4(2) (with reg. 3(2))

F7 Word in reg. 2 omitted (1.9.2022) by virtue of The School Discipline (Pupil Exclusions and Reviews) (England) (Amendment) Regulations 2022 (S.I. 2022/788), regs. 1(2), 4(3) (with reg. 3(2))

F8 Words in reg. 2 inserted (1.9.2022) by The School Discipline (Pupil Exclusions and Reviews) (England) (Amendment) Regulations 2022 (S.I. 2022/788), regs. 1(2), 4(4) (with reg. 3(2))

Marginal Citations

M1 “Special educational needs” has the same meaning as in section 312 of the 1996 Act.

M2 See section 579(1) of the 1996 Act for the definition of “proprietor”.

M3 See section 579(1) of the 1996 Act for the meaning of “school year”.

M4 1971 c.80.

Schedules E+W

3.—(1) Schedule 1 has effect in relation to the constitution of review panels and the procedure of reviews.

(2) Schedule 2 has effect.

(3) The instruments listed in column (1) of the table in Schedule 3 (which have the references listed in column (2)) are revoked to the extent indicated in column (3).

(4) The instruments listed in Schedules 2 and 3 continue in force in relation to an exclusion occurring before 1st September 2012 as if the amendments in Schedule 2 and the revocations in Schedule 3 were not made.