16.—(1) Where the relevant person applies for a review, the local authority must, at their expense—
(a)make arrangements for the review of the management committee's decision not to reinstate a pupil who has been permanently excluded; and
(b)if requested by the relevant person, appoint, for the purpose of that review, a SEN expert to provide impartial advice on how special educational needs may be relevant to the decision to exclude the pupil permanently.
(2) The local authority are not to take the steps in paragraph (1) where the relevant person has not applied for a review within the time limit specified in Schedule 1.
(3) Where the relevant person wishes that a SEN expert be appointed for a review, the request must be made in writing to the local authority with, and at the same time as, the application for a review.
(4) In exercising its functions under these Regulations, the review panel must 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 unit (including persons working at the unit voluntarily).
(5) In addition to the powers of the review panel under section 51A(4) of the Act, the panel may—
(a)direct the management committee to place a note on the pupil's educational record;
(b)after the coming into force of section 50 of the Education Act 2011, order that the local authority are to make an adjustment to the unit's budget share for the funding period during which the exclusion occurs in the sum of £4,000 if, following a decision by the panel to quash the management committee's original decision, the management committee—
(i)reconsiders the exclusion and decides not to reinstate the pupil; or
(ii)fails to reconsider the exclusion within the time limit specified in regulation 17(1).
(6) The review panel's decision is binding on the relevant person, the management committee, the teacher in charge [F1, the local authority, the social worker and the virtual school head].
Textual Amendments
F1Words in reg. 16(6) substituted (1.9.2022) by The School Discipline (Pupil Exclusions and Reviews) (England) (Amendment) Regulations 2022 (S.I. 2022/788), regs. 1(2), 12(2) (with reg. 3(2))