Statutory Instruments
EDUCATION, ENGLAND
Made
8th October 2002
Laid before Parliament
10th October 2002
Coming into force
4th November 2002
In exercise of the powers conferred on the Secretary of State by sections 52(7) and (8) and 210(7) of the Education Act 2002(1), and paragraph 3 of Schedule 1 to the Education Act 1996(2), and after consultation with the Council on Tribunals in accordance with section 8 of the Tribunals and Inquiries Act 1992(3), the Secretary of State for Education and Skills hereby makes the following Regulations:
1. These Regulations may be cited as the Education (Pupil Referral Units) (Appeals Against Permanent Exclusion) (England) Regulations 2002(4) and shall come into force on 4th November 2002.
2. In these Regulations—
“the 1996 Act” means the Education Act 1996;
“the 1998 Act” means the School Standards and Framework Act 1998(5);
“the 2002 Act” means the Education Act 2002;
“relevant decision” means any decision made after 31st August 1994 by the teacher in charge of a pupil referral unit to exclude a pupil permanently (which includes a decision that any exclusion of a pupil for a fixed period should be made permanent), pursuant to paragraph 7 of Schedule 1 to the 1996 Act or paragraph 7 of Schedule 18 to the Education Act 1993(6);
“relevant person” means—
in relation to a pupil under the age of 18, a parent of his;
in relation to a pupil who has attained that age, the pupil himself.
3.—(1) This regulation prescribes for the purposes of section 52(7) of the 2002 Act the person who may appeal to an appeal panel against a decision to permanently exclude a pupil from a pupil referral unit.
(2) The person prescribed is the relevant person in relation to any pupil who is the subject of a relevant decision.
4.—(1) Subject to paragraph (2), where the teacher in charge of a pupil referral unit excludes any pupil permanently on or after the day on which these Regulations come into force, the teacher in charge shall forthwith—
(a)give the relevant person notice in writing referring to that decision and stating the following matters—
(i)the reasons for the decision,
(ii)his right to appeal against the decision,
(iii)the person to whom he should give any notice of appeal,
(iv)that any notice of appeal must contain the grounds of appeal, and
(v)the last day on which an appeal may be made.
(b)inform the local education authority that the pupil is being permanently excluded and the reasons for it.
(2) This regulation shall not apply to any relevant decision made before the day on which these Regulations come into force.
5.—(1) Subject to paragraph (2), a local education authority shall make arrangements in accordance with these Regulations for enabling a relevant person to appeal against any relevant decision.
(2) No appeal may be made in relation to any relevant decision to which regulation 4(2) applies unless notice in writing setting out the grounds of appeal is given by the relevant person to the local education authority no later than 30 school days after the day on which these Regulations come into force.
6.—(1) Subject to paragraph (2), Schedule 18 to the 1998 Act(7) shall apply with the modifications prescribed in the Schedule to these Regulations in relation to any appeal against a relevant decision pursuant to arrangements made under regulation 5.
(2) In relation to any relevant decision made before the day on which these Regulations come into force, paragraph 1(1) of Schedule 18 to the 1998 Act as modified by these Regulations shall not apply.
7. The decision of an appeal panel on an appeal pursuant to arrangements made under regulation 5 shall be binding on the relevant person, the teacher in charge and the local education authority.
8. Where on an appeal pursuant to these Regulations an appeal panel determines that the pupil in question should not have been permanently excluded, the appeal panel shall either—
(a)direct that he is to be reinstated (either immediately or by a date specified in the direction); or
(b)in cases where it would not be practical to give a direction requiring his reinstatement, determine that it would otherwise have been appropriate to give such a direction.
9. A teacher in charge of a pupil referral unit, a local education authority or an appeal panel discharging any function conferred by or under these Regulations and the 1998 Act (as modified by these Regulations) shall have regard to guidance given by the Secretary of State.
Stephen Twigg
Parliamentary Under-Secretary of State,
Department for Education and Skills
8th October 2002
Regulation 6
1. For “section 67(1)” in each place where it occurs, there shall be substituted “regulation 5 of the Education (Pupil Referral Units) (Appeals Against Permanent Exclusion) (England) Regulations 2002”.
2. For “section 66(6)(b)”, in each place where it occurs, there shall be substituted “regulation 4(1)(a) of the Education (Pupil Referral Units) (Appeals Against Permanent Exclusion) (England) Regulations 2002”.
3. In paragraph 1, for “not to reinstate”, in each place where it occurs, there shall be substituted “to permanently exclude”.
4. In paragraph 2(7)—
(a)in paragraph (a), for “governing body of the school” there shall be substituted “management committee (where one has been established) of the pupil referral unit”;
(b)in paragraph (b) “or the governing body” shall be omitted; and
(c)in paragraph (c), for “school”, in each place where it occurs, there shall be substituted “pupil referral unit”.
5. In paragraph 10(2)—
(a)in paragraph (a), for “head teacher”, there shall be substituted “teacher in charge”;
(b)in paragraph (b) “and the governing body” shall be omitted;
(c)in paragraph (c) “, and a governor nominated by the governing body,” shall be omitted; and
(d)paragraph (d) shall be omitted.
6. In paragraph 14 “the governing body” shall be omitted and, for “head teacher”, there shall he substituted “teacher in charge”.
(This note is not part of the Regulations)
These Regulations prescribe the relevant person (that is to say the parent of a pupil or, where the pupil is 18, the pupil himself) who may appeal against a decision by a teacher in charge of a pupil referral unit to permanently exclude the pupil. This new right of appeal applies to any decision made by a teacher in charge of a pupil referral unit to permanently exclude a pupil on or after 1st September 1994.
Regulation 4 provides that where a pupil is permanently excluded after the coming into force of these Regulations, the teacher in charge must inform both the relevant person and the local education authority of the decision and the reason for it. In addition, the relevant person must be informed of his right to appeal against the decision and how to go about making such an appeal.
Regulation 5 places a duty on a local education authority to make arrangements enabling the relevant person to make an appeal. However, the relevant person must comply with the time limits for notifying the local education authority of his intention to appeal. In relation to a relevant decision made on or after the day on which these Regulations come into force, the time limit is 15 school days after the day on which the relevant person was given notice in writing under regulation 4(1). In relation to a relevant decision made before the day on which these Regulations come into force, the time limit is 30 school days after that day.
Regulation 6 applies Schedule 18 to the School Standards and Framework Act 1998, as modified by the Schedule to these Regulations, to any decision made in accordance with regulation 5.
Regulations 7 and 8 replicate the existing provisions in section 67(3) and (4) of the 1998 Act for pupil referral units, with the addition of provision (in regulation 8(b)) for the appeal panel to make a determination that a reinstatement would have been appropriate in a case where otherwise it would not in fact be practical to give such a direction.
Regulation 9 requires a teacher in charge of a pupil referral unit, a local education authority or an appeal panel, in carrying out functions under these Regulations, to have regard to guidance given by the Secretary of State.
2002 c. 32; see section 212(1) for the meaning of “regulations”.
1992 c. 53, amended by paragraph 22 of Schedule 21 to the Education Act 2002.
By virtue of section 212(1) of the Education Act 2002 the powers conferred by these provisions are exercisable by the Secretary of State only in relation to England.
Schedule 18 was amended in relation to England by S.I. 2001/2086.