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

Clerks to review panels E+W

4.—(1) An arranging authority may appoint a clerk to advise the members of a review panel and the parties to a review on the procedure of a review and the law and statutory guidance relating to exclusions.

(2) A person who does not satisfy the training requirements of paragraph 5 must not serve as a clerk to a review panel.

(3) Where a clerk is appointed the clerk must—

(a) make reasonable efforts to circulate to all the parties to the review copies of relevant documents at least 5 school days before the start of the review;

(b) make reasonable efforts to inform all the parties to a review that—

(i) they are entitled to make written representations for the purposes of the review;

(ii) they may attend the review; and

(iii) if they elect to attend, that they may make, either in person or through a representative, oral representations at the review;

(c) provide to all parties details of those attending the review and their respective roles;

(d) attend the review and ensure that minutes of the review are produced in accordance with any instructions provided by the review panel;

(e) report to the arranging authority or the review panel as required on the discharge of the clerk's functions;

(f) perform such other functions as may be determined by the arranging authority or the review panel from time to time.

(4) For the purpose of sub-paragraph (3)(a), relevant documents include—

(a) the responsible body's decision;

(b) the relevant person's application for a review; and

(c) documents to which the responsible body was required to have regard when making its decision.

(5) Where no clerk is appointed or present the arranging authority must exercise the functions in sub-paragraphs (3)(a) to (d).