6Functions of local education authority in relation to pupils excluded for a fixed period
(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 shall 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 by the relevant person in pursuance of regulation 5(1)(c);
(c) allow each of the following, namely—
(i) the relevant person, and
(ii) 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.
(3) The local education authority shall consider whether or not the pupil should be reinstated and where they consider that the pupil should be reinstated, they shall in addition consider whether he should be reinstated immediately, or reinstated by a particular date.
(4) If the local education authority decide that the pupil should be reinstated, they shall forthwith—
(a) give the appropriate direction to the teacher in charge, and
(b) inform the relevant person of their decision.
(5) The teacher in charge shall 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, they shall forthwith inform the relevant person and the teacher in charge of their decision and the reasons for it.
(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 shall consider those representations.
(8) Subject to paragraph (9), the local education authority shall 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 would, as a result of the exclusion, lose an opportunity to take a public examination, the local education authority shall (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 shall not be 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).
Specified date: 20 January 2003: see reg 1(1).