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The Education (Pupil Exclusions and Appeals) (Maintained Schools) (England) Regulations 2002

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Exclusion of pupils: duty to inform parents, governing body and local education authority

4.—(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 sub-paragraphs (b) to (d) of paragraph (1).

(3) Paragraph (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 paragraph 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) The head teacher shall in each term inform the local education authority and the governing body of any exclusions which do not fall within paragraph (3) and the reasons for them.

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