Education Act 1996

Reinstatement of pupils excluded for a fixed period

11 (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 governing body or the local education authority 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.

12 (1) Before giving any such direction as is mentioned in paragraph 11(1) the local education authority shall—

(a) give the governing body an opportunity to express their views; and

(b) consider any views expressed within the prescribed period by the governing body.

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

13 Where the governing body give any such direction as is mentioned in paragraph 11(1), they shall inform the relevant person and the local education authority of the direction.