The School Discipline (England) (Coronavirus) (Pupil Exclusions and Reviews) (Amendment) Regulations 2020

Amendment of the School Discipline (Pupil Exclusions and Reviews) (England) Regulations 2012

5.  In regulation 6—

(a) after paragraph (3), insert—

“(3A) Paragraph (3B) applies if—

(a) for a reason related to the incidence or transmission of coronavirus, it is not reasonably practicable for the meeting referred to in paragraph (3)(c) to be held in person; and

(b) the exclusion to be considered at the meeting is a relevant exclusion.

(3B) Where this paragraph applies, the meeting referred to in paragraph (3)(c) may be held using remote access, provided the governing body are satisfied that the following conditions are met—

(a) the participants will be able fully to make representations or discharge their functions (as the case may be);

(b) the participants agree to the meeting being held using remote access;

(c) each participant has access to the electronic means to allow them to hear and be heard and (where using a live video link) see and be seen, throughout the meeting; and

(d) the meeting is capable of being held fairly and transparently.”;

(b) in paragraph (7) for “Subject to paragraph” substitute “Subject to paragraphs (7A), (7B) and”;

(c) after paragraph (7) insert—

“(7A) Paragraph (7B) applies where, in relation to a relevant exclusion—

(a) immediately before the applicable time limit referred to in paragraph (7)(a) or (b) expires, the meeting referred to in paragraph (3)(c) has not been held because—

(i) it has not been reasonably practicable to do so in person for a reason related to the incidence or transmission of coronavirus; and

(ii) it has not been reasonably practicable to do so by way of remote access for a reason related to the satisfaction of the conditions in paragraph (3B)(a) to (d); and

(b) that time limit expires on or after the 1st June 2020.

(7B) Where this paragraph applies, the time limit referred to in paragraph (7)(a) or, as the case may be, (7)(b), within which the governing body must take steps is extended by 10 school days, or such longer period as is reasonably necessary for a reason related to the incidence and transmission of coronavirus.”.