Education Act 1996

Part I County, controlled and maintained special schools

Preliminary

1 The articles of government for a county, controlled or maintained special school shall make provision for the matters set out in paragraphs 2 to 7.

Reinstatement of permanently excluded pupils

2 (1) Where the local education authority have been informed of the permanent exclusion of a pupil from the school, they shall—

(a) after giving the governing body an opportunity to express their views, and

(b) after considering any views expressed within the prescribed period by the governing body,

consider whether the pupil should be reinstated immediately, reinstated by a particular date or not reinstated.

(2) If the authority decide that the pupil should be reinstated, they shall—

(a) give the appropriate direction to the head teacher, and

(b) inform the relevant person and the governing body of the direction.

(3) If the authority decide that the pupil should not be reinstated, they shall inform the relevant person of their decision.

3 (1) The head teacher shall comply with any direction for the reinstatement of a pupil who has been permanently excluded from the school—

(a) which is given by the local education authority by virtue of paragraph 2, or

(b) which is given by the governing body.

(2) If conflicting directions are given by the authority and the governing body, the head teacher shall comply with the direction which will lead to the earlier reinstatement of the pupil.

4 Where the governing body direct the head teacher to reinstate a pupil who has been permanently excluded from the school, they shall inform the relevant person and the local education authority of the direction.

Reinstatement of pupils excluded for a fixed period

5 (1) Where a pupil is excluded from the school for a fixed period in circumstances in which he would, as a result of the exclusion—

(a) be excluded from the school for a total of more than five school days in any one term, or

(b) lose an opportunity to take a public examination,

the head teacher shall comply with any direction given by the local education authority or the governing body for the pupil’s reinstatement.

(2) If conflicting directions are given by the authority and the governing body, the head teacher shall comply with the direction which will lead to the earlier reinstatement of the pupil.

6 (1) Where the local education authority—

(a) have been informed of the exclusion of a pupil from the school for a fixed period, and

(b) propose to give any such direction as is mentioned in paragraph 5(1),

they shall consult the governing body before giving such a direction.

(2) Where they give such a direction, the authority shall inform the relevant person and the governing body of the direction.

7 Where the governing body give any such direction as is mentioned in paragraph 5(1), they shall inform the relevant person and the local education authority of the direction.