2022 No. 788
The School Discipline (Pupil Exclusions and Reviews) (England) (Amendment) Regulations 2022
Made
Laid before Parliament
Coming into force
The Secretary of State, in exercise of the powers conferred by sections 51A(3), (5), (8) and (12), 210(7) and 214 of the Education Act 20021, makes the following Regulations.
PART 1General
Citation, commencement and extent1
1
These Regulations may be cited as the School Discipline (Pupil Exclusions and Reviews) (England) (Amendment) Regulations 2022.
2
These Regulations come into force on 1st September 2022.
3
These Regulations extend to England and Wales.
Interpretation2
In these Regulations, “2012 Regulations” means the School Discipline (Pupil Exclusions and Reviews) (England) Regulations 20122.
Exclusions to which these Regulations apply3
1
These Regulations apply to exclusions under the 2012 Regulations which occur on or after 1st September 2022.
2
The 2012 Regulations, as unamended by these Regulations, continue to apply to exclusions under the 2012 Regulations which occur before 1st September 2022.
Amendment to regulation 2 of the 2012 Regulations: interpretation4
1
Regulation 2 (interpretation) of the 2012 Regulations is amended as follows.
2
After the definition of “SEN expert”, insert—
“social worker” means a registered social worker within the meaning of regulations 2(5) and (6) of the Social Workers Regulations 20183 and a reference to a social worker in these Regulations is a reference to any social worker who is assigned to the pupil who is excluded from a maintained school, pupil referral unit or an Academy;
3
At the end of the definition of “unit”, omit “and”.
4
After the definition of “unit”, insert—
“virtual school head” means a person appointed under section 22(3B) (general duty of local authority in relation to children looked after by them) of the Children Act 19894 and a reference to a virtual school head in these Regulations is to any virtual school head who has responsibility for the pupil who is excluded from a maintained school, pupil referral unit or an Academy; and
PART 2Maintained schools
Amendment to regulation 5 of the 2012 Regulations: exclusion of pupils: head teacher’s duty to inform relevant person, governing body and local authority5
1
Regulation 5 (exclusion of pupils: head teacher’s duty to inform relevant person, governing body and local authority) of the 2012 Regulations is amended as follows.
2
In the heading, for “and local authority” substitute “, local authority, social worker and virtual school head”
.
3
In paragraph (1)(a), after “person”, insert “, the local authority, the social worker and the virtual school head”
.
4
In paragraph (3)(a)—
a
for “and the local authority” substitute “, the local authority”
;
b
after “home local authority)”, insert “, the social worker and the virtual school head”
.
5
In the opening words of paragraph (5), omit “and the local authority”.
Amendment to regulation 6 of the 2012 Regulations: functions of the governing body in relation to excluded pupils6
1
Regulation 6 (functions of the governing body in relation to excluded pupils) of the 2012 Regulations is amended as follows.
2
In paragraph (3)(b), for “or the local authority”, substitute “, the local authority, the social worker or the virtual school head”
.
3
In paragraph (3)(c), after paragraph (i) insert—
ia
the social worker;
ib
the virtual school head;
4
After paragraph (3B), insert—
3C
A social worker or virtual school head who has been invited to attend the meeting referred to in paragraph (3)(c) but is unable to do so may nominate another person as their representative to attend the meeting and make representations about the exclusion.
5
In paragraphs (4)(b) and (6)(a)—
a
for “and the local authority” substitute “, the local authority”
;
b
after “home local authority)”, insert “, the social worker and the virtual school head”
.
Amendment to regulation 7 of the 2012 Regulations: review of permanent exclusion of a pupil7
1
Regulation 7 (review of permanent exclusion of a pupil) of the 2012 Regulations is amended as follows.
2
In paragraph (6), for “and the local authority” substitute “, the local authority, the social worker and the virtual school head”
.
Amendment to regulation 8 of the 2012 Regulations: reconsideration by governing body following a review8
1
Regulation 8 (reconsideration by governing body following a review) of the 2012 Regulations is amended as follows.
2
In paragraph (2)—
a
for “and the local authority” substitute “, the local authority”
;
b
after “home local authority)”, insert “, the social worker and the virtual school head”
.
Amendment to regulation 9 of the 2012 Regulations: exclusions of pupils: guidance9
1
Regulation 9 (exclusions of pupils: guidance) of the 2012 Regulations is amended as follows.
2
After paragraph (a), insert—
aa
the social worker;
ab
the virtual school head;
PART 3Pupil Referral Units
Amendment to regulation 14 of the 2012 Regulations: exclusion of pupils: teacher in charge’s duty to inform relevant person, management committee and local authority10
1
Regulation 14 (exclusion of pupils: head teacher’s duty to inform relevant person, management committee and local authority) of the 2012 Regulations is amended as follows.
2
In the heading, for “and local authority” substitute “, local authority, social worker and virtual school head”
.
3
In paragraph (1)(a), after “person” insert “, the local authority, the social worker and the virtual school head”
.
4
In paragraph (3)(a)—
a
for “and the local authority” substitute “, the local authority”
;
b
after “home local authority)”, insert “, the social worker and the virtual school head”
.
5
In the opening words of paragraph (5), omit “and the local authority”.
Amendment to regulation 15 of the 2012 Regulations: functions of the management committee in relation to excluded pupils11
1
Regulation 15 (functions of the management committee in relation to excluded pupils) of the 2012 Regulations is amended as follows.
2
In paragraph (3)(b), for “or the local authority”, substitute “, the local authority, the social worker or the virtual school head”
.
3
In paragraph (3)(c)(i), after paragraph (i) insert—
ia
the social worker;
ib
the virtual school head
4
After paragraph (3B), insert—
3C
A social worker or virtual school head who has been invited to attend the meeting referred to in paragraph (3)(c) but is unable to do so may nominate another person as their representative to attend the meeting and make representations about the exclusion.
5
In paragraphs (4)(b) and (6)(a)—
a
for “and the local authority” substitute “, the local authority”
;
b
after “home local authority)”, insert “, the social worker and the virtual school head”
.
Amendment to regulation 16 of the 2012 Regulations: review of permanent exclusion of a pupil12
1
Regulation 16 (review of permanent exclusion of a pupil) of the 2012 Regulations is amended as follows.
2
In paragraph (6), for “and the local authority”, substitute “, the local authority, the social worker and the virtual school head”
.
Amendment to regulation 17 of the 2012 Regulations: reconsideration by management committee following a review13
1
Regulation 17 (reconsideration by management committee following a review) of the 2012 Regulations is amended as follows.
2
In paragraph (2)—
a
for “and the local authority” substitute “, the local authority”
;
b
after “home local authority)”, insert “, the social worker and the virtual school head”
.
Amendment to regulation 18 of the 2012 Regulations: exclusions of pupils: guidance14
1
Regulation 18 (exclusions of pupils: guidance) of the 2012 Regulations is amended as follows.
2
After paragraph (a), insert—
aa
the social worker;
ab
the virtual school head;
PART 4Academies
Amendment to regulation 23 of the 2012 Regulations: exclusion of pupils: principal’s duty to inform relevant person, proprietor, and local authority15
1
Regulation 23 (exclusion of pupils: principal’s duty to inform relevant person, proprietor and local authority) of the 2012 Regulations is amended as follows.
2
In the heading, for “and local authority” substitute “, local authority, social worker and virtual school head”
.
3
In paragraph (1)(a), after “person”, insert “, the local authority, the social worker and the virtual school head”
.
4
In paragraph (3)(a)—
a
for “and the local authority” substitute “, the local authority”
;
b
after “home local authority)”, insert “, the social worker and the virtual school head”
.
5
In paragraph (5), omit “and the local authority”.
Amendment to regulation 24 of the 2012 Regulations: functions of the proprietor in relation to excluded pupils16
1
Regulation 24 (functions of the proprietor in relation to excluded pupils) of the 2012 Regulations is amended as follows.
2
In paragraph (3)—
a
in sub-paragraph (b), for “or the principal”, substitute “, the principal, the social worker or the virtual school head”
;
b
in sub-paragraph (c), after paragraph (i), insert—
ia
the social worker;
ib
the virtual school head;
c
in sub-paragraph (d), after “(c)(i)”, insert “, (ia), (ib)”
.
3
After paragraph (3B), insert—
3C
A social worker or virtual school head who has been invited to attend the meeting referred to in paragraph (3)(c) but is unable to do so may nominate another person as their representative to attend the meeting and make representations about the exclusion.
4
In paragraphs (4)(b) and (6)(a)—
a
for “and the local authority” substitute “, the local authority”
;
b
after “home local authority)”, insert “and the social worker and the virtual school head”
.
Amendment to regulation 25 of the 2012 Regulations: review of permanent exclusion of a pupil17
1
Regulation 25 (review of permanent exclusion of a pupil) of the 2012 Regulations is amended as follows.
2
In paragraph (6), for “and the proprietor”, substitute “, the proprietor, the social worker and the virtual school head”
.
Amendment to regulation 26 of the 2012 Regulations: reconsideration by proprietor following a review18
1
Regulation 26 (reconsideration by proprietor following a review) of the 2012 Regulations is amended as follows.
2
In paragraph (2)—
a
for “and the local authority” substitute “, the local authority”
;
b
after “home local authority)”, insert “and the social worker and the virtual school head”
.
Amendment to regulation 27 of the 2012 Regulations: exclusions of pupils: guidance19
1
Regulation 27 (exclusions of pupils: guidance) of the 2012 Regulations is amended as follows.
2
After paragraph (a), insert—
aa
the social worker;
ab
the virtual school head;
PART 5Constitution and procedure of review panels
Amendments to Schedule 1 of the 2012 Regulations20
1
Schedule 1 is amended as follows.
2
In paragraph 12(1)—
a
at the end of paragraph (b), omit “and”;
b
after sub-paragraph (1)(b), insert—
ba
the social worker; and
bb
the virtual school head;
3
In paragraph 19(1), after paragraph (b), insert—
ba
the social worker;
bb
the virtual school head;
(This note is not part of the Regulations)