The Education (Information About Individual Pupils) (England) (Amendment) Regulations 2026

7 Information about exclusions

(1) For paragraph 19 substitute— 19 In respect of each pupil who has been excluded from the school (whether permanently or otherwise) and whose exclusion start date was during such period as is specified in the request for information, where that specified period falls within the twelve months preceding that request— (a) the exclusion start date; (b) the information in paragraphs 20 to 23 as it existed on the exclusion start date; (c) where the pupil was not subsequently reinstated by the governing body or, where appropriate, the proprietor, the information in paragraphs 24 to 26 as it existed on the exclusion start date; (d) the information in paragraphs 26A and 26B as it exists on the date specified in the request for information; and (e) where the school is a maintained school, pupil referral unit, Academy school or alternative provision Academy, the information in paragraphs 26C to 26G as it exists on the date specified in the request for information. . (2) After paragraph 26 insert— 26A (1) Where the exclusion was cancelled— (a) which one of the following statements about the cancellation the governing body or, where appropriate, the proprietor considers most relevant— (i) the head teacher or, where appropriate, the principal cancelled the exclusion because they became aware of new information and decided, in light of that information, that the pupil should not be excluded; (ii) immediately after the cancellation the pupil was required to attend a place outside the school premises for the purpose of receiving educational provision intended to improve the pupil’s behaviour; (iii) the exclusion was cancelled in exceptional circumstances; and (b) in the case of an exclusion that was cancelled after it began, the date when the head teacher or, where appropriate, the principal decided to cancel the exclusion. (2) In relation to a maintained school, pupil referral unit, Academy school or alternative provision Academy, references in sub-paragraph (1) to the cancellation of an exclusion are references to the cancellation of the exclusion in accordance with regulation 8A(1), 17A(1) or 26A(1) of the 2012 Regulations, as appropriate. 26B (1) Where the relevant person made representations to the governing body or, where appropriate, the proprietor in relation to the exclusion, whether the governing body or proprietor considered or is considering those representations. (2) In relation to a maintained school, pupil referral unit, Academy school or alternative provision Academy, sub-paragraph (1) applies only where the governing body or, where appropriate, the proprietor is not and was not required by regulation 6(2), 15(2) or 24(2) of the 2012 Regulations to consider whether the pupil should be reinstated. 26C Where the governing body or, where appropriate, the proprietor is or was required by regulation 6(2), 15(2) or 24(2) of the 2012 Regulations to consider whether the pupil should be reinstated, but the local authority or, where appropriate, the proprietor is not and has not been required by regulation 7(1), 16(1) or 25(1) of those Regulations to make arrangements for a review, whether— (a) the governing body or proprietor has not yet decided whether the pupil should be reinstated; (b) the governing body or proprietor decided that the pupil should be reinstated and the relevant person has not declined reinstatement but the pupil has not yet resumed attendance at the school; (c) the governing body or proprietor decided that the pupil should be reinstated but the relevant person declined reinstatement; (d) the governing body or proprietor decided that the pupil should be reinstated and the pupil resumed attendance at the school; (e) the governing body or proprietor decided that the pupil should not be reinstated, the time for an application for a review has not yet expired, and the relevant person has not yet given notice in writing that they do not intend to apply for a review; or (f) the governing body or proprietor decided that the pupil should not be reinstated and either the relevant person gave notice in writing that they do not intend to apply for a review or the time for an application for a review expired without any such application being made. 26D (1) Where the local authority or, where appropriate, the proprietor is or was required by regulation 7(1), 16(1) or 25(1) of the 2012 Regulations to make arrangements for a review, whether the relevant person made a written request for a SEN expert to be appointed for the review with, and at the same time as, their application for a review. (2) In this paragraph “SEN expert” has the meaning given in regulation 2(1) of the 2012 Regulations. 26E Where the local authority or, where appropriate, the proprietor is or was required by regulation 7(1), 16(1) or 25(1) of the 2012 Regulations to make arrangements for a review, whether— (a) the review panel has not yet given written notice of its decision to the governing body or, where appropriate, the proprietor; (b) the review panel upheld the governing body’s or proprietor’s decision that the pupil should not be reinstated; (c) the review panel recommended that the governing body or proprietor reconsider the matter; or (d) the review panel quashed the decision of the governing body or proprietor and directed it to reconsider the matter. 26F Where a review panel recommended that the governing body or, where appropriate, the proprietor reconsider its decision that the pupil should not be reinstated, whether— (a) the governing body or proprietor has not reconsidered its decision; (b) the governing body or proprietor has decided that the pupil should not be reinstated; (c) the governing body or proprietor has decided that the pupil should be reinstated and the relevant person has not declined reinstatement but the pupil has not yet resumed attendance at the school; (d) the governing body or proprietor has decided that the pupil should be reinstated but the relevant person has declined reinstatement; or (e) the governing body or proprietor has decided that the pupil should be reinstated and the pupil has resumed attendance at the school. 26G Where a review panel directed the governing body or, where appropriate, the proprietor to reconsider its decision that the pupil should not be reinstated, whether— (a) the governing body or proprietor has not reconsidered its decision; (b) the governing body or proprietor has decided that the pupil should not be reinstated; (c) the governing body or proprietor has decided that the pupil should be reinstated and the relevant person has not declined reinstatement but the pupil has not yet resumed attendance at the school; (d) the governing body or proprietor has decided that the pupil should be reinstated but the relevant person has declined reinstatement; or (e) the governing body or proprietor has decided that the pupil should be reinstated and the pupil has resumed attendance at the school. 26H In this Part— “the 2012 Regulations” has the meaning given in paragraph 18J(4); “relevant person”, in relation to a pupil, has the meaning given in regulation 2(1) of the 2012 Regulations; “review panel” has the meaning given in regulation 2(1) of the 2012 Regulations; “the time for an application for a review” means the time specified in paragraph 2 of Schedule 1 to the 2012 Regulations. .