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

Functions of local education authority in relation to pupils excluded for a fixed period E+W

7.—(1) Paragraphs (2) to (6) apply where the local education authority are informed under regulation 5(2) of the exclusion of any pupil for a fixed period, and the circumstances are that the pupil would, as a result of the exclusion —

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

(b) lose an opportunity to take a public examination.

(2) The local education authority must in any such case —

(a) consider the circumstances in which the pupil was excluded;

(b) consider any representations about the exclusion made to the local education authority —

(i) by the relevant person in pursuance of regulation 5(1)(c),

(ii) by the excluded pupil where the pupil is not the relevant person in pursuance of regulation 5(1)(c), and

(iii) by the teacher in charge of the pupil referral unit;

(c) allow each of the following, namely —

(i) the relevant person,

(ii) the excluded pupil where the pupil is not the relevant person, and

(iii) the teacher in charge of the pupil referral unit,

to attend a meeting with the local education authority and to make oral representations about the exclusion; and

(d) consider any oral representations so made.

[F1 (3) The local education authority must consider whether or not the pupil should be reinstated and they must in addition consider whether he or she should be reinstated immediately or reinstated by a particular date and whether it would not be practical for the teacher in charge to comply with a direction requiring the reinstatement of the pupil.]

(4) If the local education authority decide that the pupil should be reinstated, they must[F2 , unless they consider that it would not be practical for the teacher in charge to comply with a direction requiring the reinstatement of the pupil,] without delay —

(a) give the appropriate direction to the teacher in charge, and

(b) inform the relevant person of their decision.

(5) The teacher in charge must comply with any direction of the local education authority for the reinstatement of a pupil who has been excluded from the pupil referral unit.

(6) If the local education authority decide that the pupil should not be reinstated [F3 , or, having decided that the pupil should be reinstated, decide not to give a direction to the teacher in charge requiring the reinstatement of the pupil], they must without delay inform the relevant person and the teacher in charge of their decision and the reasons for it.

(7) Where —

(a) the teacher in charge of a pupil referral unit excludes a pupil for a fixed period in a case where paragraphs (2) to (6) do not apply; and

(b) the local education authority receive any representations made in pursuance of regulation 5(1)(c) by the relevant person about the exclusion,

they must consider those representations.

(8) Subject to paragraph (9), the local education authority must take each of the steps referred to in paragraph (2) —

(a) not earlier than six school days; and

(b) not later than 15 school days, in the case of an exclusion for a fixed period of more than 15 school days; or

(c) not later than 50 school days, in the case of an exclusion for a fixed period of 15 school days or fewer,

after the date on which they were informed of the matters referred to in regulation 5(2).

(9) Where a pupil has been excluded for a fixed period in circumstances in which he or she would, as a result of the exclusion, lose an opportunity to take a public examination, the local education authority must (so far as it is practical for them to do so) take each of the steps referred to in paragraph (2) before the date on which the pupil is due to take the examination and in any event no later than is required by paragraph (8).

(10) The local education authority is not relieved of the duty to take any step referred to in paragraph (2) because it has not been taken within the periods specified in paragraphs (8) and (9).

Textual Amendments

F1 Reg. 7(3) substituted (1.9.2004) by The Education (Pupil Exclusions and Appeals) (Wales) (Miscellaneous Amendments) Regulations 2004 (S.I. 2004/1805), regs. 1(1), 6(1)

F2 Words in reg. 7(4) inserted (1.9.2004) by The Education (Pupil Exclusions and Appeals) (Wales) (Miscellaneous Amendments) Regulations 2004 (S.I. 2004/1805), regs. 1(1), 6(2)

F3 Words in reg. 7(6) inserted (1.9.2004) by The Education (Pupil Exclusions and Appeals) (Wales) (Miscellaneous Amendments) Regulations 2004 (S.I. 2004/1805), regs. 1(1), 6(3)

Commencement Information

I1 Reg. 7 in force at 9.1.2004, see reg. 1(1)