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

[^key-47cb861782019686a1e44d938b60a5f1]: Reg. 15(3B)(b) omitted (1.9.2023) by virtue of The School Discipline (Pupil Exclusions and Reviews) (England) (Amendment and Transitional Provision) Regulations 2023 (S.I. 2023/571), regs. 1(1), 9(3)(b) (with regs. 1(3), 16) (as amended by S.I. 2023/882, regs. 1(2), 4, 8 (with reg. 1(4))

[^key-91e7d4c2fa567b5b8148c6d9220f8abc]: Words in reg. 15(6)(b)(v) inserted (1.9.2023) by The School Discipline (Pupil Exclusions and Reviews) (England) (Amendment and Transitional Provision) Regulations 2023 (S.I. 2023/571), regs. 1(1), 9(5)(b)(i) (with regs. 1(3), 16) (as amended by S.I. 2023/882, regs. 1(2), 4, 8 (with reg. 1(4))

[^key-234cd095b7a9779abaabb545e168aa3b]: Words in reg. 15(6)(b)(v) substituted (1.9.2023) by The School Discipline (Pupil Exclusions and Reviews) (England) (Amendment and Transitional Provision) Regulations 2023 (S.I. 2023/571), regs. 1(1), 9(5)(b)(ii) (with regs. 1(3), 16) (as amended by S.I. 2023/882, regs. 1(2), 4, 8 (with reg. 1(4))

[^key-bd3d44711526cc78ff552448756f0bab]: Words in reg. 15(6)(b)(vi) inserted (1.9.2023) by The School Discipline (Pupil Exclusions and Reviews) (England) (Amendment and Transitional Provision) Regulations 2023 (S.I. 2023/571), regs. 1(1), 9(5)(c)(i) (with regs. 1(3), 16) (as amended by S.I. 2023/882, regs. 1(2), 4, 8 (with reg. 1(4))

[^key-7cec5f2a126d3399335b68c1ab5600f4]: Words in reg. 15(6)(b)(vi) substituted (1.9.2023) by The School Discipline (Pupil Exclusions and Reviews) (England) (Amendment and Transitional Provision) Regulations 2023 (S.I. 2023/571), regs. 1(1), 9(5)(c)(ii) (with regs. 1(3), 16) (as amended by S.I. 2023/882, regs. 1(2), 4, 8 (with reg. 1(4))

[^key-e227247d3bbb441f01aa5c4d3ee40fe3]: Reg. 15(7A)-(7D) omitted (1.9.2023) by virtue of The School Discipline (Pupil Exclusions and Reviews) (England) (Amendment and Transitional Provision) Regulations 2023 (S.I. 2023/571), regs. 1(1), 9(7) (with regs. 1(3), 16) (as amended by S.I. 2023/882, regs. 1(2), 4, 8 (with reg. 1(4))

[^key-7f302d591a6b34dc18b5f211b05339be]: Reg. 23(3)(b)(iia) inserted (1.9.2023) by The School Discipline (Pupil Exclusions and Reviews) (England) (Amendment and Transitional Provision) Regulations 2023 (S.I. 2023/571), regs. 1(1), 11(2) (with regs. 1(3), 16) (as amended by S.I. 2023/882, regs. 1(2), 4, 8 (with reg. 1(4))

[^key-992e56de4c101acf500cb80ae6e54527]: Words in reg. 23(3)(b)(iii) inserted (1.9.2023) by The School Discipline (Pupil Exclusions and Reviews) (England) (Amendment and Transitional Provision) Regulations 2023 (S.I. 2023/571), regs. 1(1), 11(3) (with regs. 1(3), 16) (as amended by S.I. 2023/882, regs. 1(2), 4, 8 (with reg. 1(4))

[^key-41ae3749b6088140ef25b55800eb852d]: Words in reg. 23(3)(b)(iv) inserted (1.9.2023) by The School Discipline (Pupil Exclusions and Reviews) (England) (Amendment and Transitional Provision) Regulations 2023 (S.I. 2023/571), regs. 1(1), 11(3) (with regs. 1(3), 16) (as amended by S.I. 2023/882, regs. 1(2), 4, 8 (with reg. 1(4))

[^key-2d31ce1a19e531fc45b1562a0d51b127]: Reg. 24(3D)-(3G) inserted (1.9.2023) by The School Discipline (Pupil Exclusions and Reviews) (England) (Amendment and Transitional Provision) Regulations 2023 (S.I. 2023/571), regs. 1(1), 12(4) (with regs. 1(3), 16) (as amended by S.I. 2023/882, regs. 1(2), 4, 6, 8 (with reg. 1(4))

[^key-20648bb741135be8bf11326512b8f95a]: Reg. 24(7E)(7F) inserted (1.9.2023) by The School Discipline (Pupil Exclusions and Reviews) (England) (Amendment and Transitional Provision) Regulations 2023 (S.I. 2023/571), regs. 1(1), 12(8) (with regs. 1(3), 16) (as amended by S.I. 2023/882, regs. 1(2), 4, 8 (with reg. 1(4))

[^key-572ece6d38ff2bb7bf915073992859dd]: Reg. 24(3A) substituted (1.9.2023) by The School Discipline (Pupil Exclusions and Reviews) (England) (Amendment and Transitional Provision) Regulations 2023 (S.I. 2023/571), regs. 1(1), 12(2) (with regs. 1(3), 16) (as amended by S.I. 2023/882, regs. 1(2), 4, 8 (with reg. 1(4))

[^key-fcc28e116369676fbebcc5cbe219af01]: Word in reg. 24(3B) substituted (1.9.2023) by The School Discipline (Pupil Exclusions and Reviews) (England) (Amendment and Transitional Provision) Regulations 2023 (S.I. 2023/571), regs. 1(1), 12(3)(a) (with regs. 1(3), 16) (as amended by S.I. 2023/882, regs. 1(2), 4, 8 (with reg. 1(4))

[^key-25a79fdb11c7f0b27d272977850a9648]: Words in reg. 24(7) substituted (1.9.2023) by The School Discipline (Pupil Exclusions and Reviews) (England) (Amendment and Transitional Provision) Regulations 2023 (S.I. 2023/571), regs. 1(1), 12(6) (with regs. 1(3), 16)(as amended by S.I. 2023/882, regs. 1(2), 4, 8 (with reg. 1(4))

[^key-fd4f648c79188c7ee97089a53990d88d]: Reg. 24(6)(b)(iva) inserted (1.9.2023) by The School Discipline (Pupil Exclusions and Reviews) (England) (Amendment and Transitional Provision) Regulations 2023 (S.I. 2023/571), regs. 1(1), 12(5)(a) (with regs. 1(3), 16) (as amended by S.I. 2023/882, regs. 1(2), 4, 8 (with reg. 1(4))

[^key-ff5d11b8ec0e6204ea5c5bbc06960961]: Reg. 24(3B)(b) omitted (1.9.2023) by virtue of The School Discipline (Pupil Exclusions and Reviews) (England) (Amendment and Transitional Provision) Regulations 2023 (S.I. 2023/571), regs. 1(1), 12(3)(b) (with regs. 1(3), 16) (as amended by S.I. 2023/882, regs. 1(2), 4, 8 (with reg. 1(4))

[^key-761d9804fce2ce337535edf1337b5b0b]: Words in reg. 24(6)(b)(v) inserted (1.9.2023) by The School Discipline (Pupil Exclusions and Reviews) (England) (Amendment and Transitional Provision) Regulations 2023 (S.I. 2023/571), regs. 1(1), 12(5)(b)(i) (with regs. 1(3), 16) (as amended by S.I. 2023/882, regs. 1(2), 4, 8 (with reg. 1(4))

[^key-3cfe03e4941017ba168511291f621762]: Words in reg. 24(6)(b)(v) substituted (1.9.2023) by The School Discipline (Pupil Exclusions and Reviews) (England) (Amendment and Transitional Provision) Regulations 2023 (S.I. 2023/571), regs. 1(1), 12(5)(b)(ii) (with regs. 1(3), 16) (as amended by S.I. 2023/882, regs. 1(2), 4, 8 (with reg. 1(4))

[^key-498de9d55b3eeb6efe960e02ad9187d4]: Words in reg. 24(6)(b)(vi) inserted (1.9.2023) by The School Discipline (Pupil Exclusions and Reviews) (England) (Amendment and Transitional Provision) Regulations 2023 (S.I. 2023/571), regs. 1(1), 12(5)(c)(i) (with regs. 1(3), 16) (as amended by S.I. 2023/882, regs. 1(2), 4, 8 (with reg. 1(4))

[^key-38e1bd4b6117f7ff2a04d99d57c37554]: Words in reg. 24(6)(b)(vi) substituted (1.9.2023) by The School Discipline (Pupil Exclusions and Reviews) (England) (Amendment and Transitional Provision) Regulations 2023 (S.I. 2023/571), regs. 1(1), 12(5)(c)(ii) (as amended by S.I. 2023/882, regs. 1(2), 4, 8 (with reg. 1(4))

[^key-e7d10c99b3fdf69e3c13604676ba2467]: Reg. 24(7A)-(7D) omitted (1.9.2023) by virtue of The School Discipline (Pupil Exclusions and Reviews) (England) (Amendment and Transitional Provision) Regulations 2023 (S.I. 2023/571), regs. 1(1), 12(7) (with regs. 1(3), 16) (as amended by S.I. 2023/882, regs. 1(2), 4, 8 (with reg. 1(4))

[^key-e2c4e9173e7c34bfb0cd645263faf7f3]: Sch. 1 para. 2(1A) omitted (1.9.2023) by virtue of The School Discipline (Pupil Exclusions and Reviews) (England) (Amendment and Transitional Provision) Regulations 2023 (S.I. 2023/571), regs. 1(1), 14(2) (with regs. 1(3), 16) (as amended by S.I. 2023/882, regs. 1(2), 4, 8 (with reg. 1(4))

[^key-632d2138d2bcb365e09d1e7c073db848]: Word in Sch. 1 para. 9 omitted (1.9.2023) by virtue of The School Discipline (Pupil Exclusions and Reviews) (England) (Amendment and Transitional Provision) Regulations 2023 (S.I. 2023/571), regs. 1(1), 14(3)(a) (with regs. 1(3), 16) (as amended by S.I. 2023/882, regs. 1(2), 4, 8 (with reg. 1(4))

[^key-827c596a5e0de613fb80eecfca9f3f48]: Sch. 1 para. 9(c) and word inserted (1.9.2023) by The School Discipline (Pupil Exclusions and Reviews) (England) (Amendment and Transitional Provision) Regulations 2023 (S.I. 2023/571), regs. 1(1), 14(3)(b) (with regs. 1(3), 16) (as amended by S.I. 2023/882, regs. 1(2), 4, 8 (with reg. 1(4))

[^key-aed5379e072f990eb55894e0d43bbca5]: Sch. 1 para. 10(3) substituted (1.9.2023) by The School Discipline (Pupil Exclusions and Reviews) (England) (Amendment and Transitional Provision) Regulations 2023 (S.I. 2023/571), regs. 1(1), 14(4)(a) (with regs. 1(3), 16) (as amended by S.I. 2023/882, regs. 1(2), 4, 8 (with reg. 1(4))

[^key-f6ee560cb079de9f39895099b7340eea]: Sch. 1 para. 10(4A)-(4E) inserted (1.9.2023) by The School Discipline (Pupil Exclusions and Reviews) (England) (Amendment and Transitional Provision) Regulations 2023 (S.I. 2023/571), regs. 1(1), 14(4)(c) (with regs. 1(3), 16) (as amended by S.I. 2023/882, regs. 1(2), 4, 7, 8 (with reg. 1(4))

[^key-06a20b95dccbc32e4a41eca3570a1802]: Word in Sch. 1 para. 10(4) substituted (1.9.2023) by The School Discipline (Pupil Exclusions and Reviews) (England) (Amendment and Transitional Provision) Regulations 2023 (S.I. 2023/571), regs. 1(1), 14(4)(b)(i) (with regs. 1(3), 16) (as amended by S.I. 2023/882, regs. 1(2), 4, 8 (with reg. 1(4))

[^key-edaa0f59328966f5fe16881e2f8d431a]: Sch. 1 para. 10(4)(b) omitted (1.9.2023) by virtue of The School Discipline (Pupil Exclusions and Reviews) (England) (Amendment and Transitional Provision) Regulations 2023 (S.I. 2023/571), regs. 1(1), 14(4)(b)(ii) (with regs. 1(3), 16) (as amended by S.I. 2023/882, regs. 1(2), 4, 8 (with reg. 1(4))

[^key-3be05e0ece12838ff6810e1a5cc12e4b]: Sch. 1 para. 10(5)-(8) omitted (1.9.2023) by virtue of The School Discipline (Pupil Exclusions and Reviews) (England) (Amendment and Transitional Provision) Regulations 2023 (S.I. 2023/571), regs. 1(1), 14(4)(d) (with regs. 1(3), 16) (as amended by S.I. 2023/882, regs. 1(2), 4, 8 (with reg. 1(4))

[^key-555b4e885a2903e8f9f72fde09ec0263]: Sch. 1 para. 12(4) inserted (1.9.2023) by The School Discipline (Pupil Exclusions and Reviews) (England) (Amendment and Transitional Provision) Regulations 2023 (S.I. 2023/571), regs. 1(1), 14(5) (with regs. 1(3), 16) (as amended by S.I. 2023/882, regs. 1(2), 4, 8 (with reg. 1(4))

[^key-a295d90c44f0a24c0da2aa6ad96dfbf4]: Sch. 2 para. 4 revoked (19.8.2024) by The School Attendance (Pupil Registration) (England) Regulations 2024 (S.I. 2024/208), reg. 1, Sch. 2

Cancellation of exclusion of a pupil

8A

• (1) Subject to paragraphs (2) and (3), if a head teacher decided to exclude a pupil, the head teacher may cancel the exclusion—

• (a) either before or after it has begun; and

• (b) whether or not the pupil has been admitted to another school following their exclusion.

• (2) A head teacher may not cancel an exclusion under paragraph (1) if, by the time the head teacher comes to make the decision to cancel an exclusion, the pupil—

• (a) has already been excluded for more than 45 school days in any school year; or

• (b) would have been excluded for more than 45 school days in any school year when the cancellation took effect.

• (3) In cases where regulation 5(3) applies by virtue of regulation 5(2), a head teacher may not cancel an exclusion under paragraph (1) if, by the time the head teacher comes to make the decision to cancel an exclusion, the governing body has commenced a meeting for the purpose of making a decision under regulation 6(2) regarding reinstatement of the pupil.

• (4) Where an exclusion is cancelled in accordance with paragraph (1)—

• (a) the head teacher must, without delay—

• (i) inform the relevant person, the governing body, the local authority, the social worker and the virtual school head of the cancellation and the reasons for it in writing; and

• (ii) reinstate the pupil;

• (b) the governing body are not required to consider reinstatement of the pupil under regulation 6.

Exclusions of pupils: guidance

Exclusions: standard of proof

Information

Cancellation of exclusion of a pupil

17A

• (1) Subject to paragraphs (2) and (3), if a teacher in charge decided to exclude a pupil, the teacher in charge may cancel the exclusion—

• (a) either before or after it has begun; and

• (b) whether or not the pupil has been admitted to another school following their exclusion.

• (2) A teacher in charge may not cancel an exclusion under paragraph (1) if, by the time the teacher in charge comes to make the decision to cancel an exclusion, the pupil—

• (a) has already been excluded for more than 45 days in any school year; or

• (b) would have been excluded for more than 45 days in any school year when the cancellation took effect.

• (3) In cases where regulation 14(3) applies by virtue of regulation 14(2), a teacher in charge may not cancel an exclusion under paragraph (1) if, by the time the teacher in charge comes to make the decision to cancel an exclusion, the management committee has commenced a meeting for the purpose of making a decision under regulation 15(2) regarding reinstatement of the pupil.

• (4) Where an exclusion is cancelled in accordance with paragraph (1)—

• (a) the teacher in charge must, without delay—

• (i) inform the relevant person, the management committee, the local authority, the social worker and the virtual school head of the cancellation and the reasons for it in writing; and

• (ii) reinstate the pupil;

• (b) the management committee is not required to consider reinstatement of the pupil under regulation 15.

Exclusions of pupils: guidance

Exclusions: standard of proof

Information

Cancellation of exclusion of a pupil

26A

• (1) Subject to paragraphs (2) and (3), if a principal decided to exclude a pupil, the principal may cancel the exclusion—

• (a) either before or after it has begun; and

• (b) whether or not the pupil has been admitted to another school following their exclusion.

• (2) A principal may not cancel an exclusion under paragraph (1) if, by the time the principal comes to make the decision to cancel an exclusion, the pupil—

• (a) has already been excluded for more than 45 days in any school year; or

• (b) would have been excluded for more than 45 days in any school year when the cancellation took effect.

• (3) In cases where regulation 23(3) applies by virtue of regulation 23(2), a principal may not cancel an exclusion under paragraph (1) if, by the time the principal comes to make the decision to cancel an exclusion, the proprietor has commenced a meeting for the purpose of making a decision under regulation 24(2).

• (4) Where an exclusion is cancelled in accordance with paragraph (1)—

• (a) the principal must, without delay—

• (i) inform the relevant person, the proprietor, the local authority, the social worker and the virtual school head of the cancellation and the reasons for it in writing; and

• (ii) reinstate the pupil;

• (b) the proprietor is not required to consider reinstatement of the pupil under regulation 24.

Exclusions of pupils: guidance

Exclusions: standard of proof

Information