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

Time limits and notices waiving right to reviewE+W

This section has no associated Explanatory Memorandum

2.—(1) Subject to sub-paragraph (2), an application for a review, and any request that a SEN expert be appointed for the review, must be made to the arranging authority within 15 school days after the day on which the relevant person is given notice in writing of the responsible body's decision under paragraph (6)(b) of regulation 6, 15 or 24.

F1(1A) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(2) Where the relevant person—

(a)makes a claim under the Equality Act 2010 alleging that the exclusion amounts to unlawful discrimination; and

(b)has not applied for a review within the time limit in sub-paragraph (1),

then the period within which the relevant person must apply will commence from the date on which the discrimination claim is finally determined.

(3) For the purposes of sub-paragraph (2), a discrimination claim is “finally determined” when all rights of appeal under the Equality Act 2010 have been exhausted.

(4) Any notice in writing given by the relevant person to the arranging authority which states that the relevant person does not intend to apply for a review will be final.

Textual Amendments