The School
Discipline (England) (Coronavirus) (Pupil Exclusions and Reviews)
(Amendment) Regulations 2020
Laid before Parliament 28th May 2020
Coming into force 1st June 2020
These Regulations amend the School Discipline (Pupil Exclusions
and Reviews) (England) Regulations 2012 (S.I. 2012/1033) (the ‘2012
Regulations’). The 2012 Regulations set out procedures in
relation to exclusions under section 51A of the Education Act
2002, from maintained schools, pupil referral units and academies
(Academy schools and alternative provision Academies) in England.
The amendments made by these Regulations to the 2012 Regulations
apply to relevant exclusions, which is defined in the amendments
made by regulation 4 as an exclusion occurring on or after the
date these Regulations come into force but before 25th September
2020, as well as an exclusion occurring before these Regulations
come into force but in respect of which a review has not been
concluded, and either the time to apply for a review has not
expired before the Regulations came into force, or an application
for review has been made. Regulations 3 to 8 are required to be
kept under review during the period starting with 1st June 2020
and ending with 24th September 2020 (regulation 2).
The Regulations contain amendments to some of the usual
procedural rules, in response to the coronavirus pandemic.
Regulations 3 to 8 enable certain meetings at which the relevant
exclusion will be considered, to be held by remote access only
where certain conditions are met and where it is not reasonably
practicable for a reason related to the incidence of transmission
of coronavirus, for the meeting to be held in person.
They also extend by 10 school days the time limits for decisions
to be made about whether a pupil should be reinstated and for
steps to be taken (including the arrangement of meetings) in
relation to the exclusion and for reviews of that exclusion. The
time limits are so extended where immediately before the expiry
of the time limit it has not been reasonably practicable for the
relevant meeting to be held in person for a reason relating to
the incidence or transmission of coronavirus, or by way of remote
access for a reason related to the satisfaction of the conditions
relating to remote access meetings.
If a meeting cannot be held within the new time limits, those
time limits are extended as far as is reasonably necessary for a
reason related to the incidence or transmission of coronavirus.
Regulation 8(a) extends the time limit within which an
application for a review must be made, from 15 school days to 25
school days.