The Education (Pupil Exclusions and Appeals) (Pupil Referral Units) (Wales) Regulations 2003

Exclusion of pupils: duty to inform the relevant person and local education authority

5.—(1) Where the teacher in charge of a pupil referral unit excludes any pupil for a fixed period, the teacher in charge must without delay take reasonable steps to inform the relevant person of the following matters —

(a) the period of exclusion;

(b) the reasons for exclusion;

(c) that he or she may make representations about the exclusion to the local education authority and that the excluded pupil may also make representations about the exclusion to the local education authority where the pupil is not the relevant person; and

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

(2) Where the teacher in charge of a pupil referral unit excludes any pupil for a fixed period in circumstances where the pupil would, as a result of the exclusion —

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

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

the teacher in charge must without delay inform the local education authority of the period of the exclusion and the reasons for it.

(3) Where the teacher in charge of a pupil referral unit excludes any pupil permanently or decides that any exclusion of a pupil for a fixed period should be made permanent, the teacher in charge must without delay —

(a) take reasonable steps to inform the relevant person and the local education authority of the decision and the reasons for it; and

(b) in addition give the relevant person notice in writing of the decision stating the following matters —

(i) the reasons for the decision,

(ii) his or her right to appeal against the decision,

(iii) the person to whom he or she should give any notice of appeal,

(iv) that any notice of appeal must contain the grounds of appeal, and

(v) the last date on which an appeal may be made.

(4) The notice in writing referred to in paragraph (3)(b) may be given either —

(a) by delivering it by hand to the relevant person’s last known address, or

(b) by sending it by first class post in a properly addressed, pre-paid envelope to the relevant person’s last known address.

(5) The teacher in charge must in each term inform the local education authority of any exclusions which do not fall within paragraphs (2) or (3) and in respect of each such exclusion must provide details of the period of the exclusion and the reason for it.