EXPLANATORY NOTE
(This note is not part of the Regulations)
These Regulations revoke the previous regulations relating to exclusions from pupil referral units and re-enact them so as to provide a role for management committees as established by the Education (Pupil Referral Units) (Management Committees etc.) (England) Regulations 2007 and to bring the exclusions process effectively in line with that for maintained schools as set out in the Education (Pupil Exclusions and Appeals) (Maintained Schools) (England) Regulations 2002.
The Regulations specify the steps to be taken by the teacher in charge of a pupil referral unit when excluding a pupil under section 52 of the Education Act 2002, and they set out the procedure which is to be followed by the management committee of the unit, and the local education authority following an exclusion from a pupil referral unit.
Regulation 3 prescribes the management committee of the unit as the body responsible under section 52(3) of the 2002 Act for considering whether a pupil should be reinstated. This gives the management committee the same role as the governing body for maintained schools.
Regulation 5 requires the teacher in charge to inform parents (or pupil if he is 18 or over) of details of an exclusion. The teacher in charge must also inform the local education authority and management committee if an exclusion is either permanent, will result in a pupil missing a public examination, or takes the total exclusions for that pupil over a total of five days in a term.
Regulation 6 relates to the consideration of the exclusion by the management committee. Where the exclusion is either permanent; will result in the pupil missing a public examination; or takes the total exclusions for that pupil to over 15 days in a term; or the parent wishes to make representations and the exclusion takes the total exclusions for that pupil to over 5 days in a term the management committee is required to consider the circumstances, listen to any representations from the parent (or pupil if he is 18 or over) or the local education authority, and decide whether the pupil should be reinstated. Where the exclusion has expired by the time it is considered by the management committee, the committee must consider whether the exclusion was appropriate
Regulation 7 with reference to the Schedule requires the local education authority to make arrangements for the parent (or pupil if he is 18 or over) to appeal against a decision of the management committee not to reinstate a pupil who has been permanently excluded. The appeal panel must have regard to both the interests of the excluded pupil and those of other pupils and persons working at the pupil referral unit. A failure to follow procedural requirements is not of itself to lead to a decision to reinstate. The decision of the appeal panel is binding. If the appeal panel accepts that there are exceptional circumstances or other reasons which make it not practical to direct reinstatement, they may decide not to make a direction to reinstate the pupil but may indicate such a direction would otherwise have been appropriate.
Regulation 8 requires teachers in charge, management committees, local education authorities and appeal panels to have regard to guidance issued by the Secretary of State.
Regulation 9 sets the balance of probabilities as the standard of proof in the establishment of facts by the teacher in charge, the management committee and the appeal panel in their respective roles.
Regulation 10 requires the local education authority to give to the Secretary of State specified information about excluded pupils.
The Schedule prescribes the constitution and procedure for appeal panels.