Education Act 1996

Reinstatement of pupils excluded for a fixed periodE+W

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.

7Where 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.