logo-education
0370 270 6000

already registered?

Please sign in with your existing account details.

need to register?

Register to access exclusive content, sign up to receive our updates and personalise your experience on brownejacobson.com.

Privacy statement - Terms and conditions

Covid-19 exclusions temporary changes

5 June 2020

Please note: the information contained in this legal update is correct as of the original date of publication

The Department for Education has published supplementary statutory guidance and amended the Regulations on exclusions for all state schools in England due to Covid-19. The temporary amendments, which are in place from 1st June until 24th September, introduce more flexibilities to the exclusion process in the following ways:

  • Allowing remote meetings (for both governing board and Independent Review Panels (IRPs)) in situations where prescribed requirements are fulfilled. Remote meetings (which include both audio and video meetings) are permitted for any meeting which has not occurred by 1st June or where the exclusion takes place on or after 1st June, and a physical meeting cannot take place due to Covid-19. The requirements are:
  • All participants consent. Parents should be informed that if they do not consent there will be a delay to the exclusion being heard;
  • Everyone has access to the technology required to access the virtual meeting;
  • All participants will be able to make their representations or discharge their respective functions; and
  • The meeting can be held in a fair and transparent way.
  • Amending Governing Board meeting timescales. The amendment only applies to exclusions where the timescales for meeting had not expired before 1st June or for new exclusions from 1st June, where it is not reasonably practicable to meet by way of remote meetings. In those circumstances the time limit for meeting is extended by 10 school days or such longer period as reasonably necessary. This means that for permanent exclusions and fixed term exclusions that take the term total to more than 15, the board would have 25 school days to arrange a hearing. For fixed term exclusions that take the total to between 6 and 15 school days the board would have 60 school days to hold a meeting. For exclusions where the time limit has expired before 1st June, the meeting should be arranged for as soon as it is safe and practicable to do so.
  • Extending the period parents have to request an IRP to 25 school days. This applies to all permanent exclusions on or after 1st June or where the exclusion took place before 1st June but the time limit to request a review has not expired.
  • Amends the time limit for arranging an IRP. This applies where it is not possible to meet in person and a remote meeting cannot be arranged. In these circumstances, the time limit is extended from 15 school days from the parental request to 25 school days or as long as reasonably necessary. Much like with the governing board time limit, the time limit will not be extended where the 15 school days has already passed. In these circumstances arranging authorities should seek to arrange a remote hearing or an in-person hearing as soon as reasonably practicable.

In all other respects, including the procedure of meetings and the factors to consider, the existing law and statutory guidance continues to apply in the usual way. If you need any advice in relation to exclusion hearings or want to know how we can assist your board or our IRP services, please do get in contact.

Coronavirus support

We are helping across business, health, education and government sectors:

training and events

12Mar

ASCL Annual Conference Online

Come and meet the team at ASCL’s annual conference.

View event

24Mar

Optimus MAT Summit Hilton Birmingham Metropole Hotel, The NEC Birmingham, Pendigo Way, Birmingham, B40 1PP

Come and meet the team at Optimus’ annual conference.

View event

focus on...

Legal updates

be connected newsletter for education - December 2020

In this edition we provide you with the latest in legal updates, news and insight from the sector.

View

Legal updates

World Mental Health Day - 10 October 2020

With World Mental Health Day coming up tomorrow, and with the backdrop of COVID-19 dominating most of our thoughts and everyday lives, now is a great opportunity to start thinking about going the extra mile to support the wellbeing of your staff and pupils.

View

Effective Board and Members meetings; Covid-19 and beyond

View our on-demand video where Education Partners Nick MacKenzie and Dominic Swift discuss the approach to members and board meetings in the ‘new normal’ considering the benefits of virtual meetings and discuss how in the longer-term, boards might combine virtual and in-person meetings to be more effective.

View

Guides

Executive pay setting in school trusts

For many years now the Education and Skills Funding Agency (ESFA) have written to academy Chairs asking for justification and rationale on executive pay. School trusts have reached out to us for advice to help them meet their obligations within the Academies Financial Handbook.

View

The content on this page is provided for the purposes of general interest and information. It contains only brief summaries of aspects of the subject matter and does not provide comprehensive statements of the law. It does not constitute legal advice and does not provide a substitute for it.

mailing list sign up



Select which mailings you would like to receive from us.

Sign up