Legislation – The School Discipline (England) (Coronavirus) (Pupil Exclusions and Reviews) (Amendment) Regulations 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.

A full impact assessment has not been produced for this instrument as no, or no significant, impact on the private, voluntary or public sector is foreseen.

An explanatory memorandum is published alongside these Regulations on www.legislation.gov.uk. Hard copies are available from the Department of Education, Sanctuary Buildings, Great Smith Street, London SW1P 3BT.