The School Discipline (Pupil Exclusions and Reviews) (England) Regulations 2012
| Jurisdiction | UK Non-devolved |
| Citation | SI 2012/1033 |
(1) These Regulations may be cited as the School Discipline (Pupil Exclusions and Reviews) (England) Regulations 2012 and come into force on 1st September 2012.(2) These Regulations apply only in relation to exclusions of pupils from maintained schools, pupil referral units, Academy schools and alternative provision Academies, in England, occurring on or after 1st September 2012.(1) In these Regulations—A head teacher may not exercise the power under section 51A(1) of the Act so as to exclude a pupil for one or more fixed periods if, as a result, the pupil would be excluded for more than 45 school days in any school year. inform the relevant person of the period of the exclusion and the reasons for it; andthe period of the exclusion and the reasons for it;that the relevant person may make representations about the decision to the governing body and that, where the pupil is not the relevant person, the pupil may also be involved in the process of making representations, and an explanation as to how the pupil may be involved;the means by which representations may be made; andwhere and to whom representations should be sent.to exclude a pupil permanently; orbe excluded for a total of more than 5 school days in any term; orlose an opportunity to take a public examination or a National Curriculum test.inform the relevant person, the governing body and the local authority (and, in the case of a permanent exclusion, if applicable, the home local authority) of the period of the exclusion and the reasons for it; andthe period of the exclusion and the reasons for it;that the relevant person may make representations about the decision to the governing body and that, where the pupil is not the relevant person, the pupil may also be involved in the process of making representations, and an explanation as to how the pupil may be involved;the means by which representations may be made;where and to whom representations should be sent; andwhere a meeting of the governing body is to consider the
- “the Act” means the Education Act 2002;
- “Academy” means an Academy school or an alternative provision Academy;
- F27“coronavirus” means severe acute respiratory syndrome coronavirus 2 (SARS-Cov-2) ;
- “home local authority” means the local authority responsible for the area in which the pupil resides where this differs from the local authority in which the pupil's school is located;
- “National Curriculum test” means any test specified in, or by virtue of, an order under section 87(3) (c) of the Act;
- “principal” means the head teacher of an Academy;
- “reference date” means 31st December, Easter Monday or 31st July;
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F27“relevant exclusion” means an exclusion occurring—
- (a) on or after 1st June 2020 F47but before F4825th March 2022; or
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(b) before 1st June 2020 but where, in respect of the exclusion, on that date—
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(i) in the case of a permanent exclusion—
- (aa) there has not been a concluded review of a decision not to reinstate the pupil, and
- (bb) the time to apply for a review (in accordance with paragraph 2 of Schedule 1, disregarding sub-paragraph (1A) of that paragraph) has not expired or an application for review has been made;
- (ii) in the case of an exclusion for a fixed period, a decision in accordance with regulation 6(2) , 15(2) or 24(2) (as the case may be) has not been made;
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(i) in the case of a permanent exclusion—
- “relevant person” means—
- (a) in relation to a pupil under the age of 18, a parent of the pupil; or
- (b) in relation to a pupil who has attained that age, the pupil;
- F27“remote access” means access to a meeting to enable those who are not all present together at the same place to attend and participate simultaneously by electronic means, including by live audio and live video link;
- “review” means a review of a decision not to reinstate a pupil;
- “review panel” means a review panel constituted in accordance with Schedule 1;
- “SEN expert” means an individual who—
- (a) has expertise and experience of special educational needs considered by the local authority (or, in relation to an Academy, the proprietor ) as appropriate to perform the functions specified in paragraph 18 of Schedule 1; and
- (b) is not disqualified from appointment under paragraph 3(7) of Schedule 1;
- “term” means—
- (a) in a school which has 3 terms or fewer in a school year , one of those terms; or
- (b) in a school which has more than 3 terms in a school year, any period which falls between 2 reference dates;
- “unit” means a pupil referral unit; and
- “working day” means a day other than a Saturday, a Sunday, Christmas Day, Good Friday or a day which is a bank holiday within the meaning of the Banking and Financial Dealings Act 1971 .
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