SCHEDULES
F1Schedule 33B
F2 No requirement to admit children permanently excluded from two or more schools
Sch. 33B inserted (1.9.1997 so far as relating to paras. 3 and 4) by 1997 c. 44, ss. 14(2), 58(3), Sch. 3 (with s. 57(3)); S.I. 1997/1468, art. 2(2), Sch. 1 Pt.II
F34
1
The governing body of a grant-maintained school shall not be under any duty to admit to the school any child to whom sub-paragraph (3) applies.
2
The governing body of such a school shall not be under any duty to make arrangements for enabling any person to appeal against a decision refusing a child admission to the school in a case where, at the time when the decision is made, sub-paragraph (3) applies to the child.
3
Where a child has been permanently excluded from two or more schools, this sub-paragraph applies to him during the period of two years beginning with the date on which the latest of those exclusions took effect.
4
Sub-paragraph (3) 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.
5
However, a child shall not be regarded as permanently excluded from a school for the purposes of this paragraph if—
a
although so excluded he was reinstated as a pupil at the school following the giving of a direction to that effect to the head teacher of the school; or
b
he was so excluded at a time when he had not attained compulsory school age.
6
In this paragraph “school” means—
a
a school maintained by a local education authority; or
b
a grant-maintained or grant-maintained special school.
7
This paragraph does not apply in relation to a child unless at least one of the two or more exclusions mentioned in sub-paragraph (3) took effect on or after the date of the coming into force of section 14 of the Education Act 1997.
8
For the purposes of this paragraph 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.
Sch. 33B repealed (1.9.1999) by 1998 c. 31, s. 140(1)(3), Sch. 30 para. 189(d), Sch. 31 (with ss. 138(9), 144(6) and with savings in S.I. 1999/1016, art. 6, Sch. 4 paras. 2, 8); S.I. 1999/1016, art. 2(3), Sch. 3