C4Part III School admissions

Annotations:
Modifications etc. (not altering text)

C4Chapter I Admission arrangements

Parental preferences

C1C2C387 No requirement to admit children permanently excluded from two or more schools.

1

The F2duties imposed by section 86(2) and section 86B(1) do 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.

F43A

A child who has been permanently excluded from a school in England shall not be treated for the purposes of this section as having been so excluded if any of the following applies—

a

the child was reinstated as a pupil at the school following a direction from the responsible body—

i

in accordance with regulations under subsection (3)(b) of section 51A of the Education Act 2002;

ii

following a recommendation from the review panel that the responsible body reconsiders the matter under subsection (4)(b) of that section;

b

the child would have been reinstated as a pupil at the school following a direction from the responsible body as described in paragraph (a)(i) or (ii), if it had been practical for the responsible body to give such a direction;

c

the review panel has quashed a decision of the responsible body not to reinstate the child as a pupil at the school under subsection (4)(c) of section 51A of the Education Act 2002;

d

the child was so excluded at a time when the child had not attained compulsory school age.

3B

In subsection (3A) “the responsible body” has the same meaning as in section 51A of the Education Act 2002.

F14

F5... A child who has been permanently excluded from a school F6in Wales 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 F3local 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.