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

Explanatory Note

(This note is not part of the Regulations)

These Regulations make provision in relation to the power of head teachers of maintained schools, teachers in charge of pupil referral units (“PRUs”) and principals of Academy schools and alternative provision Academies (“Academies”), in England, to exclude pupils under section 51A of the Education Act 2002 (“the Act”).

Parts 2 to 4 set out the procedures in relation to exclusions from maintained schools, PRUs and Academies. Part 4 applies section 51A of the Act to Academies with modifications, and applies the regulations in Parts 2 and 3 to Academies with modifications.

Regulations 5, 14 or 23 require the head teacher of a maintained school, the teacher in charge of a PRU or the principal of an Academy (“the Head Teacher”) to inform the relevant person (meaning a parent of the excluded pupil or, if the pupil is aged 18 or over, the pupil) of the details of an exclusion. The Head Teacher must also inform the responsible body (for a maintained school, the governing body; for a PRU, the management committee; for an Academy, the proprietor) and the local authority if the exclusion is permanent, if the exclusion will result in the pupil missing a public examination or a National Curriculum test, or if the exclusion takes the total exclusions for that pupil to more than 5 school days in any term.

Regulations 6, 15 or 24 require the responsible body to consider the circumstances of the exclusion and any representations from the relevant person and, in relation to a maintained school or a PRU (and in certain circumstances, an Academy), a representative of the local authority. The responsible body must decide whether the pupil should be reinstated where the exclusion is permanent; where the exclusion would take the total exclusion for that pupil to over 15 school days in any term; where the exclusion will result in the pupil missing a public examination or a National Curriculum test; or where the pupil would, as a result of the exclusion, be excluded for more than a total of 5 school days in any term and the relevant person wishes to make representations.

Regulations 7, 16 or 25 require the local authority (in relation to a maintained school or a PRU), or the proprietor (in relation to an Academy), to make arrangements for a review by a review panel of a decision of the responsible body not to reinstate a pupil who has been permanently excluded, if the relevant person applies for a review.

Section 51A(4) of the Act provides that, on a review, the panel may uphold the decision of the responsible body not to reinstate the pupil, recommend that that decision is reconsidered, or quash that decision and direct reconsideration.

The review panel may direct the responsible body to place a note on the pupil's educational record. Where the panel quashes the responsible body's decision, it may order the local authority to make an adjustment to the school's budget share for that funding period in the sum of £4,000 in certain circumstances. In the case of Academies, this sum is instead to be paid to the local authority. The panel's decision is binding.

Regulations 7, 16 or 25 provide that, when applying for a review, the relevant person may request the local authority (or, in relation to an Academy, the proprietor) to appoint a SEN expert to advise the review panel.

Regulations 9, 18 or 27 require the Head Teacher, the responsible body, the local authority, the review panel and the SEN expert to have regard to guidance given by the Secretary of State in exercising their functions under section 51A(1) or (2) of the Act and the Regulations.

Schedule 1 prescribes the constitution and procedure for review panels. Schedule 2 makes various consequential amendments and amendments. Schedule 3 contains revocations.

A full regulatory impact assessment has not been produced for this instrument as no impact on the private or voluntary sectors is foreseen.