- Latest available (Revised)
- Original (As enacted)
School Standards and Framework Act 1998, Section 87 is up to date with all changes known to be in force on or before 23 December 2024. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations.
Revised legislation carried on this site may not be fully up to date. Changes and effects are recorded by our editorial team in lists which can be found in the ‘Changes to Legislation’ area. Where those effects have yet to be applied to the text of the legislation by the editorial team they are also listed alongside the legislation in the affected provisions. Use the ‘more’ link to open the changes and effects relevant to the provision you are viewing.
Whole provisions yet to be inserted into this Act (including any effects on those provisions):
(1)The [F1duties 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.
[F2(3A)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.]
[F3(4)F4... A child who has been permanently excluded from a school [F5in 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 [F6local 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
F1Words in s. 87(1) substituted (26.1.2009 for E., 31.3.2009 for W.) by Education and Skills Act 2008 (c. 25), s. 173(3)(4), Sch. 1 para. 55; S.I. 2008/3077, art. 5(e) (with art. 6); S.I. 2009/784, art. 3(d)
F2S. 87(3A)(3B) inserted (1.9.2012) by Education Act 2011 (c. 21), s. 82(3), Sch. 1 para. 9; S.I. 2012/1087, art. 3 (with art. 4)
F3S. 87(4)(4A) substituted for s. 87(4) (20.1.2003 for E., 9.1.2004 for W.) by Education Act 2002 (c. 32), s. 216(4), Sch. 4 para. 4 (with ss. 210(8), 214(4)); S.I. 2002/2952, art. 2 (with Sch. para. 3); S.I. 2003/2961, art. 7, Sch. Pt. IV
F4Word in s. 87(4) omitted (1.9.2012) by virtue of Education Act 2011 (c. 21), s. 82(3), Sch. 1 para. 10(a); S.I. 2012/1087, art. 3 (with art. 4)
F5Words in s. 87(4) inserted (1.9.2012) by Education Act 2011 (c. 21), s. 82(3), Sch. 1 para. 10(b); S.I. 2012/1087, art. 3 (with art. 4)
F6Words in Act substituted (5.5.2010) by The Local Education Authorities and Children’s Services Authorities (Integration of Functions) Order 2010 (S.I. 2010/1158), art. 1, Sch. 2 para. 10(2) (with Sch. 2 para. 10(4))
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.
C2S. 87 applied (with modifications) (E.) (8.5.2003) by The New School (Admissions) (England) Regulations 2003 (S.I. 2003/1041), regs. 1(1), 9, Sch. para. 1(b)
C3S. 87 applied (with modifications) (1.2.2006) by The New School (Admissions) (Wales) Regulations 2006 (S.I. 2006/175), regs. 1(1), 9, Sch. (with reg. 2(2))
Marginal Citations
The Whole Act you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.
Would you like to continue?
The Whole Act you have selected contains over 200 provisions and might take some time to download.
Would you like to continue?
The Whole Act without Schedules you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.
Would you like to continue?
The Whole Act without Schedules you have selected contains over 200 provisions and might take some time to download.
Would you like to continue?
The Whole Act you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.
Would you like to continue?
The Whole Act without Schedules you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.
Would you like to continue?
The Schedules you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.
Would you like to continue?
Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.
Original (As Enacted or Made): The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.
Geographical Extent: Indicates the geographical area that this provision applies to. For further information see ‘Frequently Asked Questions’.
Show Timeline of Changes: See how this legislation has or could change over time. Turning this feature on will show extra navigation options to go to these specific points in time. Return to the latest available version by using the controls above in the What Version box.
Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:
This timeline shows the different points in time where a change occurred. The dates will coincide with the earliest date on which the change (e.g an insertion, a repeal or a substitution) that was applied came into force. The first date in the timeline will usually be the earliest date when the provision came into force. In some cases the first date is 01/02/1991 (or for Northern Ireland legislation 01/01/2006). This date is our basedate. No versions before this date are available. For further information see the Editorial Practice Guide and Glossary under Help.
Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:
Click 'View More' or select 'More Resources' tab for additional information including: