Part 7 E+W Discipline, behaviour and exclusion

Chapter 2 E+W Parental responsibilities and excluded pupils

Excluded pupils E+W

104 Notice to parent relating to excluded pupil E+W

(1) The head teacher of a relevant school in England, on excluding from the school a pupil of compulsory school age, must give the parent by the prescribed time a notice in writing complying with subsections (2) and (3) and containing such other information as may be prescribed.

(2) Where the appropriate authority are or will be obliged under the relevant enactment to make arrangements for the provision of full-time education for the excluded pupil during his exclusion, or intend to do so without being so obliged, the notice must specify the first day on which full-time education is to be provided for the excluded pupil.

(3) The notice must specify as days on which the parent is to be subject to section 103(2) each school day beginning with the first school day to which the exclusion relates and ending with the earliest of the following—

(a) where a day is specified under subsection (2), the school day preceding that day,

(b) the fifth school day to which the exclusion relates, and

(c) the last school day to which the exclusion relates.

(4) Subsection (7) of section 103 applies for the purposes of subsection (3) as it applies for the purposes of subsection (2)(a) of that section.

(5) Where the appropriate authority are a [F1 local authority], they must provide the head teacher with such information as will enable the head teacher to give a notice complying with subsection (2).

(6) Section 572 of EA 1996, which provides for the methods by which notices may be served under that Act, does not preclude a notice under this section from being given to the parent of the excluded pupil by any effective method.

(7) Regulations may enable a notice under this section to be combined with a notice required by virtue of section 52(3)(a) of EA 2002 (which relates to the exclusion of pupils from maintained schools).

(8) In this section—

• “the appropriate authority” means—

  (a)

  in the case of a permanent exclusion or an exclusion from a pupil referral unit, a [F1 local authority],

  (b)

  in the case of an exclusion for a fixed period from a maintained school, the governing body of the school, and

  (c)

  in the case of an exclusion for a fixed period from a relevant school which is an [F2 Academy school, an alternative provision Academy,] a city technology college or a city college for the technology of the arts, the proprietor of the school;

• “prescribed” means prescribed by regulations;

• “regulations” means regulations made by the Secretary of State;

• “the relevant enactment” means—

  (a)

  where the appropriate authority is a [F1 local authority], section 19 of EA 1996, and

  (b)

  in any other case, section 100 of this Act.

Textual Amendments

F1 Words in Pts. 1-7 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. 14(2)

F2 Words in s. 104(8) substituted (1.4.2012) by Education Act 2011 (c. 21), s. 82(3), Sch. 13 para. 16(4); S.I. 2012/924, art. 2

Modifications etc. (not altering text)

C1 S. 104 modified (18.5.2012) by The Wiltshire Council (Arrangements for the Provision of Suitable Education) Order 2012 (S.I. 2012/1107), arts. 1(2)(a), 7 (with art. 5)

Commencement Information

I1 S. 104 in force at 1.9.2007 by S.I. 2007/1801, art. 4(h)