Head teacher’s decision to remove an entitlement10.

(1)

Where a head teacher decides under section 116H(1) of the 2002 Act that a pupil is no longer entitled to follow a course or courses of study, he or she must within 3 working days of that decision inform the relevant person of the following matters–

(a)

of the decision and the reasons for it;

(b)

that the relevant person may request the head teacher review that decision;

(c)

the period within which such a request must be made; and

(d)

that the relevant person may make representations in writing about that decision to the head teacher.

(2)

A pupil is not entitled to follow the course or courses of study from the date of the head teacher’s decision under section 116H(1) of the 2002 Act.

(3)

A request by a relevant person under paragraph (1)(b) and any representations under paragraph (1)(d) must be made within 5 working days of his or her receipt of notice of the head teacher’s decision.

(4)

Where a relevant person requests under paragraph (1)(b) that a head teacher review his or her decision, the head teacher must make a determination within 10 working days of receipt of the request and in so doing he or she must consider—

(a)

the circumstances in which his or her decision was made;

(b)

any written representations made by a relevant person about that decision; and

(c)

any other circumstances he or she considers relevant.

(5)

The head teacher must within 3 working days of his or her determination pursuant to paragraph (4), inform the relevant person in writing of it and the reasons for it.