(1)The duty imposed by section 86(2) does not apply in the case of a child to whom subsection (2) below applies.
(2)Where a child has been permanently excluded from two or more schools, this subsection applies to him during the period of two years beginning with the date on which the latest of those exclusions took effect.
(3)Subsection (2) applies to a child whatever the length of the period or periods elapsing between those exclusions and regardless of whether it has applied to him on a previous occasion.
[F1(4)However, a child who has been permanently excluded from a school shall not be treated for the purposes of this section as having been so excluded if—
(a)he was reinstated as a pupil at the school following the giving of a direction to that effect by the relevant authority in accordance with regulations under subsection (3)(b) or (c) of section 52 of the Education Act 2002,
(b)on a review of his exclusion carried out in accordance with regulations under subsection (3)(b) of that section or an appeal made pursuant to regulations under subsection (3)(c) of that section, the relevant authority decided—
(i)that it would not be practical to give a direction requiring his reinstatement as a pupil at the school, but
(ii)that it would otherwise have been appropriate to give such a direction, or
(c)he was so excluded at a time when he had not attained compulsory school age.
(4A)In subsection (4) “the relevant authority” means—
(a)the responsible body as defined by subsection (5) of section 52 of the Education Act 2002, or
(b)a panel constituted in accordance with regulations under subsection (3)(c) of that section.]
(5)In this section “school” means—
(a)in relation to any time before or after the appointed day, a school maintained by a local education authority; or
(b)in relation to any time before the appointed day, a grant-maintained or grant-maintained special school within the meaning of the M1Education Act 1996.
(6)For the purposes of this section the permanent exclusion of a child from a school shall be regarded as having taken effect on the school day as from which the head teacher decided that he should be permanently excluded.
(7)Nothing in this section applies to a child unless at least one of the two or more exclusions mentioned in subsection (2) took effect on or after 1st September 1997.
Textual Amendments
F1S. 87(4)(4A) substituted for s. 87(4) (20.1.2003 for E. otherwise prosp.) by Education Act 2002 (c. 32), s. 51, 216, Sch. 4 para. 4 (with ss. 210(8), 214(4)); S.I. 2002/2952, art. 2 (with Sch.)
Modifications etc. (not altering text)
C1Ss. 86-87 restricted (29.3.1999) by S.I. 1999/1016, art. 6, Sch. 4 paras. 1, 2(1)
S. 87 applied (with modifications) (18.10.1999) by S.I. 1999/2666, reg. 8, Sch. paras. 1(c), 2-8
S. 87 applied (with modifications) (1.9.1999) by S.I. 1999/2800, reg. 7, Sch. paras. 1, 2-8.
Marginal Citations