What is the effect of coronavirus on governing boards’ duties to consider reinstatement of excluded pupils, and the process for independent review panels (IRPs)?
The timeframes set out in the School Discipline (Pupil Exclusions and Reviews) (England) Regulations 2012 remain in force. This applies to all exclusions, including those that were issued before 23 March.
The government appreciates that it may not be possible to meet the timeframes set out in regulations for review meetings and IRPs, due to the disruption caused by the coronavirus outbreak and the health risks of holding meetings. The Regulations themselves envisage that the timeframes may not always be met, which is why they specify that meetings and panel hearings must still go ahead even if the relevant deadline has been missed. It is for the governing board or arranging authority to assess the facts of the case and decide whether the statutory deadlines are achievable or whether, in the circumstances, the meeting has to be delayed. Governing boards and arranging authorities should continue to take reasonable steps to ensure meetings are arranged for a time when all parties are able to attend.