Part II E+W New framework for maintained schools

Chapter V E+W Staffing and conduct of schools

Exclusion of pupils E+W

65 Exclusion of pupils: duty to inform parents, etc. E+W

[F1 (1) Where the head teacher of a maintained school excludes any pupil, the head teacher shall (without delay) take reasonable steps to inform the relevant person of the following matters—

(a) the period of the exclusion (or, if the pupil is being permanently excluded, that he is being so excluded);

(b) the reasons for the exclusion;

(c) that he may make representations about the exclusion to the governing body, and

(d) the means by which such representations may be made.

(2) Where the head teacher decides that any exclusion of a pupil for a fixed period should be made permanent, he shall (without delay) take reasonable steps to inform the relevant person of—

(a) his decision, and

(b) the matters specified in paragraphs (b) to (d) of subsection (1).

(3) Subsection (4) applies where the head teacher—

(a) excludes any pupil in circumstances where the pupil would, as a result of the exclusion—

(i) be excluded from the school for a total of more than five school days in any one term, or

(ii) lose an opportunity to take any public examination,

(b) excludes a pupil permanently, or

(c) decides that any exclusion of a pupil should be made permanent.

(4) Where this subsection applies, the head teacher shall (without delay) inform the local education authority and the governing body of the following matters—

(a) the period of the exclusion (or, if the pupil is being permanently excluded, that he is being so excluded), or

(b) his decision that any exclusion of a pupil for a fixed period should be made permanent,

and (in either case) of the reasons for it.

(5) In this section and in sections 66 and 67 “the relevant person” means—

(a) in relation to a pupil under the age of 18, a parent of his;

(b) in relation to a pupil who has attained that age, the pupil himself.

(6) Where regulations under paragraph 4 of Schedule 11 require the governing body of a maintained school to establish a discipline committee, references in this section and sections 66 to 68 to the governing body of such a school shall be construed as references to their discipline committee.]

Textual Amendments

F1 S. 65 repealed (20.1.2003 for E. otherwise prosp.) by Education Act 2002 (c. 32), ss. 215(2), 216, Sch. 22 Pt. 3 (with ss. 210(8), 214(4)); S.I. 2002/2952, arts. 2, 3 (with Sch.)

Modifications etc. (not altering text)

C1 Ss. 64-68 restricted (13.8.1999) by S.I. 1999/2323, art. 4, Sch. 6 para. 1

C2 Ss. 65-67: Power to apply (with modifications) conferred (24.7.2002) by Education Act 2002 (c. 32), ss. 52(8)(9), 216 (with ss. 210(8), 214(4))