School exclusions update

On 23rd May 2023, the School Discipline (Pupil Exclusions and Reviews) (England) (Amendment and Transitional Provision) Regulations 2023 were made.

The Regulations came into force on 1 September 2023. This article sets out the key changes that will be made to the school exclusion policy in the new term.

1. Parents of excluded pupils (or the excluded pupil if over 18) will now have the right to request remote access to meetings of a governing body considering a school exclusion or an independent review panel meeting to review a governing body’s decision on an exclusion. The Regulations include transitional arrangements which give the right to request remote access to parents/pupils in relation to exclusions that have occurred before 1 September 2023 but where the governing body has not yet met to consider the meetings or the independent review panel has not yet made a decision.
2. Where an exclusion is cancelled, a head teacher will be under a legal duty to inform the parents (or pupil if over 18), the local authority, the governing body and social worker (if relevant), without delay, of the cancellation. This policy has been included in DfE guidance since July 2022, but will become a statutory requirement from 1 September 2023.

It is important that schools are aware of their obligations with regards to exclusion policies and processes. If you have any questions, please contact Jill Donabie on 0191 211 7933 or email [email protected]