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

• (4C) Sub-paragraph (4D) applies where, immediately before the date determined by the arranging authority as referred to in sub-paragraph (2), the meeting referred to in sub-paragraph (1) has not been held because—

• (a) it has not been reasonably practicable to meet in person for a reason related to extraordinary events or unforeseen circumstances; and

• (b) it has not been reasonably practicable to meet by way of remote access for a reason related to the satisfaction of the conditions in sub-paragraph (4)(a), (c) and (d).

• (4D) Where this sub-paragraph applies, the date determined by the arranging authority as referred to in sub-paragraph (2) is extended by such period as is reasonably necessary for a reason related to the extraordinary events or unforeseen circumstances.

• (4E) Subject to the exception made for persons referred to in paragraph 12(4), a meeting referred to in sub-paragraph (1) must be held in person unless—

• (a) a remote meeting request is made; or

• (b) for a reason related to extraordinary events or unforeseen circumstances, it is not reasonably practicable for the meeting to be held in person,

and the arranging authority is satisfied that the conditions in sub-paragraph (4)(a), (c) and (d) are met.

• (5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (6) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (7) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (8) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

11

• (1) For the purpose of fixing the time (in accordance with paragraph 10) of the review, the arranging authority must take reasonable steps to ascertain any times falling on or before the closing date for reviews when the following persons would be unable to attend—

• (a) a person who wishes, and would be entitled, to appear and make oral representations in accordance with paragraph 12;

• (b) any SEN expert appointed for the review.

• (2) When arranging for the review to take place, the arranging authority must, so far as it is reasonably practicable to do so, ensure that the review is fixed for a time when the persons described in sub-paragraph (1) are able to attend the review.

12

• (1) A review panel must allow the following persons, and any representative they instruct, to attend the review and to make representations—

• (a) the relevant person (and, if requested by the relevant person, a friend of the relevant person);

• (b) the Head Teacher of the relevant school; ...

• (ba) the social worker; and

• (bb) the virtual school head;

• (c) the responsible body and, if different, the arranging authority.

• (2) A review panel must consider written or oral representations made to it by the persons in sub-paragraph (1) when determining a review.

• (3) Where the relevant school is an Academy, if requested by the relevant person, a representative of the local authority in which that Academy is located (and, if applicable, the home local authority) must be permitted to attend the review as an observer but may only make representations with the consent of the arranging authority.

• (4) Where a social worker, a virtual school head, a representative as referred to in sub-paragraph (1), or a representative as referred to in sub-paragraph (3) attends a meeting referred to in paragraph 10(1) which is taking place in person, they may do so using remote access provided the arranging authority is satisfied that the conditions referred to in paragraph 10(4)(a), (c) and (d) are met.

13

• (1) A review panel may from time to time adjourn a review but, before doing so, must consider the effect of any adjournment on—

• (a) each of the parties to the review;

• (b) any victim of the incident leading to the exclusion; and

• (c) where such person is not the relevant person—

• (i) the pupil; or

• (ii) any parent of the pupil.

• (2) If the relevant person has requested the appointment of a SEN expert but the SEN expert is not in attendance, the relevant person may ask the review panel to adjourn the review to a later date or time so that the SEN expert, or an alternative SEN expert, may attend.

• (3) Where a relevant person asks the review panel to adjourn the review in pursuance of sub-paragraph (2) the review panel must adjourn the review.

• (4) The review panel must ensure that the relevant person is aware of their right to request an adjournment in pursuance of sub-paragraph (2).

• (5) A review may be adjourned if the effect of the adjournment is that the review will not have concluded before the closing date for reviews.

14

Reviews must be heard in private except where the arranging authority directs otherwise.

15

Two or more reviews may be combined and dealt with in the same proceedings where—

• (a) the review panel considers that it would be fair and expedient to do so because the issues raised by the reviews are the same or connected; and

• (b) the parties to each review agree.

16

In the event of a disagreement between the members of a review panel, the review under consideration must be decided by a simple majority of the votes cast and, where the votes are tied, the chair of the review panel is to have a second or casting vote.

17

Where a SEN expert is present the review panel must seek and consider the SEN expert's views on how special educational needs may be relevant to the pupil's exclusion.

18

The SEN expert's functions in relation to the review are limited to advising the review panel, orally or in writing or both, impartially, of the relevance of special educational needs in the context and circumstances of the review but do not include making an assessment as to whether the pupil has special educational needs.

19

• (1) Upon conclusion of a review the review panel must without delay give notice of its decision in writing to—

• (a) the relevant person;

• (b) the responsible body;

• (ba) the social worker; and

• (bb) the virtual school head;

• (c) the local authority; and

• (d) if applicable, the home local authority.

• (2) The notice must include—

• (a) the review panel's decision, indicating whether the review panel—

• (i) upholds the responsible body's decision;

• (ii) recommends that the responsible body reconsiders its decision; or

• (iii) quashes the responsible body's decision;

• (b) the reasons for the review panel's decision;

• (c) any order under regulation 7, 16 or 25; and

• (d) any information that must be recorded on the pupil's educational record.

20

Any other matters of procedure not provided for by these Regulations are to be determined by the arranging authority.

SCHEDULE 2 — Amendments

The Education (Amount to Follow Permanently Excluded Pupil) Regulations 1999

1

• (1) The Education (Amount to Follow Permanently Excluded Pupil) Regulations 1999 are amended in relation to England only as follows.

• (2) In regulation 2—

• (a) at the beginning insert “ (1) ”;

• (b) at the end insert—

(2) Where a permanently excluded pupil to which paragraph (1) applies is subsequently reinstated by the governing body of the excluding school in the financial year in which the exclusion first takes effect, the new authority must pay to the old authority, and the last authority must pay to the old authority, as the case may be, in connection with the provision of education for that pupil in that financial year an amount which is no less than F x (G/H) where— (a) F is the amount which the old authority has paid to the new authority, or the intermediate authority has paid to the last authority, as the case may be, under paragraph (1); (b) G is the number of complete weeks remaining in the financial year during which the pupil is reinstated; and (c) H is the number of complete weeks remaining in the financial year calculated from the relevant date.

• (3) In regulation 3, for “regulation 2” substitute “ regulation 2(1) ”.

• (4) In regulation 4—

• (a) omit the “and” after sub-paragraph (a);

• (b) in paragraph (c), for “on and after 22nd March 2004” substitute “ in relation to the period commencing on 22nd March 2004 and ending immediately before 1st September 2012 ”;

• (c) in paragraph (c) for “appeal.” substitute “ appeal; and ”; and

• (d) after paragraph (c) insert—

(d) on or after 1st September 2012, on the date which is the sixth school day following the date on which the pupil has been permanently excluded.

The Local Authorities (Members' Allowances) (England) Regulations 2003

2

In regulation 34(1)(c)(ii) of the Local Authorities (Members' Allowances) (England) Regulations 2003 , for “appeal” substitute “ review ”.

The School Governance (Procedures) (England) Regulations 2003

3

In regulation 17(2) of the School Governance (Procedures) (England) Regulations 2003 , for “52(3) and (4)” substitute “ 51A(3) and (8) ”.

The Education (Pupil Registration) (England) Regulations 2006

4

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

The Education (Information about Individual Pupils) (England) Regulations 2006

5

For paragraph 1(2) of Part 2 of Schedule 1 to the Education (Information about Individual Pupils) (England) Regulations 2006 substitute—

(2) This Part does not apply to a pupil referred to in sub-paragraph (1) where the pupil is subsequently reinstated by the governing body of the school.

The School Governance (New Schools) (England) Regulations 2007

6

In regulation 48(2) of the School Governance (New Schools) (England) Regulations 2007 , for “52(3) and (4)” substitute “ 51A(3) and (8) ”.

The Education (Parenting Contracts and Parenting Orders) (England) Regulations 2007

7

For sub-paragraphs (i) to (iv) of regulation 4(2)(a) of the Education (Parenting Contracts and Parenting Orders) (England) Regulations 2007 substitute—

(i) the day on which a review panel constituted under regulations made by virtue of section 51A of the Education Act 2002 decided to uphold the exclusion; (ii) the day on which the parent stated in writing that they do not intend to apply for a review under those regulations; (iii) the day on which a review applied for within the time for applying for a review has been abandoned; or (iv) if there was no review (and paragraph (ii) of this sub-paragraph does not apply), the last day on which a review could have been applied for; or

The Education (Provision of Full-Time Education for Excluded Pupils) (England) Regulations 2007

8

• (1) The Education (Provision of Full-Time Education for Excluded Pupils) (England) Regulations 2007 are amended as follows.

• (2) In regulation 2—

• (a) in paragraph (2)(a)—

• (i) for “sections” substitute “ section ”; and

• (ii) omit “and 111 (meaning of relevant school)”; and

• (b) for paragraph (2)(b) substitute—

(b) as defined in section 111 (meaning of relevant school) of the 2006 Act for purposes relating to the duties imposed by section 19(1) and (3A) of the 1996 Act (exceptional provision of education in pupil referral units or elsewhere).

• (3) In regulation 4—

• (a) in paragraph (1), after “excluded from a relevant school” omit “or pupil referral unit”; and

• (b) in paragraph (3)(a) omit “or a pupil referral unit”.

• (4) For regulations 6 and 7 substitute—

(6) (1) Paragraphs (2) and (3) prescribe the time by which the head teacher must give the parent a notice in writing under section 104(1) of the 2006 Act. (2) The notice must be provided without delay and no later than the end of the afternoon session of the first day on which the pupil is excluded. (3) But where the information prescribed by section 104(2) of the 2006 Act and regulation 7 is not reasonably ascertainable by that time, the information must be provided in a further notice without delay and not less than 48 hours before the start of that suitable full-time education. (4) Where suitable full-time education for a pupil of compulsory school age who is excluded from the school may start before the relevant day, the 48 hour time limit in paragraph (3) may be waived with the parent's consent. (5) In this regulation, “relevant day” has the meaning given in regulation 3. (7) The following information is prescribed as the other information (in addition to that prescribed by sections 104(2) and (3) of the 2006 Act) which the head teacher must give to the parent in writing under section 104(1) of the 2006 Act— (a) the address at which suitable full-time education is to be provided for the pupil; (b) particulars identifying the person to whom the pupil should report on first attending that address for the purpose of receiving suitable full-time education; (c) in relation to that suitable-full-time education— (i) where 2 sessions per day are provided, the times at which the morning session commences, the afternoon session ends and the break between them commences and ends; or (ii) where a single session per day is provided, the times at which the session commences and ends.

• (5) For regulation 8(a) substitute—

(a) a notice given to the parent in accordance with regulations made by virtue of section 51A(3)(a) of the Education Act 2002; and

• (6) Omit regulation 10.

The School Finance (England) Regulations 2012

9

• (1) The School Finance (England) Regulations 2012 are amended as follows.

• (2) In regulation 23—

• (a) in paragraph (2)—

• (i) for the formula substitute “ A x (B / 52) + C ”;

• (ii) omit the “and” after sub-paragraph (a);

• (iii) in sub-paragraph (b), for “date.” substitute “ date; and ”; and

• (iv) after sub-paragraph (b) insert—

(c) C is the amount of the adjustment made to the school's budget share pursuant to a financial adjustment order.

• (b) in paragraph (3) for “paragraph (4)” substitute “ paragraphs (4) and (4A) ”;

• (c) in paragraph (4)(a) after the second “authority” insert “ , except that any reduction in the excluding school's budget share made pursuant to a financial adjustment order must not be taken into account for these purposes ”;

• (d) after paragraph (4) insert—

(4A) In redetermining the admitting school's budget share, the authority may increase it by any amount up to the amount of the adjustment made to the excluding school's budget share pursuant to a financial adjustment order.

• (e) for paragraph (14) substitute—

(14) For the purposes of this regulation— - “the relevant date” is the sixth school day following the date on which the pupil has been permanently excluded; and - “a financial adjustment order” means an order for the adjustment of a school's budget share made under regulations made by virtue of section 51A of the Education Act 2002 in respect of the exclusion of the pupil from the excluding school.

SCHEDULE 3 — Revocations

(1)	(2)	(3)
Instruments revoked	References	Extent of revocation
The Education (Pupil Exclusions and Appeals) (Maintained Schools) (England) Regulations 2002	S.I. 2002/317822	In full.
The Education (Pupil Exclusions) (Miscellaneous Amendments) (England) Regulations 2004	S.I. 2004/40223	Regulations 4, 6, 7, 8 and 9.
The Education (Pupil Exclusions and Appeals) (Miscellaneous Amendments) (England) Regulations 2006	S.I. 2006/218924	Regulations 2, 3, 5 and 6(1).
The Education (Reintegration Interview)(England) Regulations 2007	S.I. 2007/186825	In full.
The Education (Pupil Exclusions and Appeals) (Pupil Referral Units) (England) Regulations 2008	S.I. 2008/53226	In full.
The Tribunals, Courts and Enforcement Act 2007 (Transitional and Consequential Provisions) Order 2008	S.I. 2008/2683	Paragraph 203 of Schedule 1.

Signed

Nick Gibb — Minister of State for Schools — 2012-04-03

Explanatory note

(This note is not part of the Regulations)

Footnotes

Editorial notes