The Education (Pupil Exclusions and Appeals) (Pupil Referral Units) (England) Regulations 2008

Functions of management committee in relation to excluded pupils

6.—(1) Paragraphs (2) to (6) apply where the management committee is informed under regulation 5(2) or (3) of—

(a) the permanent exclusion of a pupil;

(b) a decision that any exclusion of a pupil should be made permanent;

(c) the exclusion of any pupil where that pupil would, as a result of the exclusion—

(i) be excluded from the pupil referral unit for a total of more than fifteen school days in any one term, or

(ii) lose an opportunity to take a public examination; or

(d) the exclusion of any pupil where—

(i) the pupil would as a result of the exclusion be excluded from the pupil referral unit for a total of more than five school days in any one term, and

(ii) the relevant person makes representations to the management committee in pursuance of regulation 5(1)(c).

(2) The management committee shall in any such case—

(a) consider the circumstances in which the pupil was excluded;

(b) consider any representations about the exclusion made to the management committee—

(i) by the relevant person in pursuance of regulation 5(1)(c), or

(ii) by the local education authority;

(c) allow each of the following, namely—

(i) the relevant person, and

(ii) an officer of the local education authority nominated by the authority,

to attend a meeting of the management committee and to make oral representations about the exclusion; and

(d) consider any oral representations so made.

(3) Subject to paragraph (7), the management committee shall consider whether or not the pupil should be reinstated; and where they consider that the pupil should be reinstated, they shall in addition consider whether the pupil should be reinstated immediately, or reinstated by a particular date.

(4) Subject to paragraph (7), if the management committee decide that the pupil should be reinstated they shall immediately—

(a) give the appropriate direction to the teacher in charge, and

(b) inform the relevant person and the local education authority of their decision.

(5) The teacher in charge shall comply with any direction of the management committee for the reinstatement of a pupil who has been excluded from the pupil referral unit.

(6) If the management committee decide that the pupil should not be reinstated, they shall immediately—

(a) inform the relevant person, the teacher in charge and the local education authority of their decision, and

(b) in addition, in the case of a pupil who is permanently excluded, give the relevant person notice in writing referring to that decision and stating the following matters—

(i) the reasons for the decision,

(ii) his right to appeal against the decision,

(iii) the person to whom the relevant person should give any notice of appeal,

(iv) that any notice of appeal must contain the grounds of appeal, and

(v) the last date on which an appeal may be made.

(7) Where the period of the exclusion has expired before the management committee considers the exclusion pursuant to paragraph (3), the management committee shall consider whether the exclusion was appropriate and shall notify the teacher in charge, the relevant person and the local education authority of their decision.

(8) Where—

(a) the teacher in charge of a pupil referral unit excludes a pupil in a case where paragraphs (2) to (6) do not apply, and

(b) the management committee receive any representations made in pursuance of regulation 5(1)(c) by the relevant person about the exclusion,

they shall consider those representations.

(9) Subject to paragraph (10), the management committee shall take each of the steps referred to in paragraph (2)—

(a) not earlier than 6 school days; and

(b) not later than 15 school days in the case of a permanent exclusion or a fixed period exclusion of more than 15 school days; or

(c) not later than 50 school days, in the case of an exclusion for a fixed period of 15 school days or fewer,

after the date on which they were informed of the matters referred to in regulation 5(2) or (3).

(10) Where a pupil has been excluded in circumstances in which the pupil would, as a result of the exclusion, lose an opportunity to take a public examination, the management committee shall, so far as it is practical for them to do so, take each of the steps referred to in paragraph (2) before the date on which the pupil is due to take the examination and in any event, no later than is required by paragraph (9).

(11) The management committee shall not be relieved of the duty to take any step referred to in paragraph (2) because it has not been taken within the periods specified in paragraphs (9) and (10).

(12) The notice in writing referred to in paragraph (6)(b) may be given either—

(a) by delivering it to the relevant person’s last known address, or

(b) by properly addressing, pre-paying and sending by first class post to the relevant person’s last known address a letter containing the notice.