Statutory Instrument 2002 No. 2550

The Education (Pupil Referral Units) (Appeals Against Permanent Exclusion) (England) Regulations 2002

(The document as of February, 2008)

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STATUTORY INSTRUMENTS

2002 No. 2550

EDUCATION, ENGLAND

The Education (Pupil Referral Units) (Appeals Against Permanent Exclusion) (England) Regulations 2002

	Made	8th October 2002
	Laid before Parliament	10th October 2002
	Coming into force	4th November 2002

In exercise of the powers conferred on the Secretary of State by sections 52(7) and (8) and 210(7) of the Education Act 2002[1], and paragraph 3 of Schedule 1 to the Education Act 1996[2], and after consultation with the Council on Tribunals in accordance with section 8 of the Tribunals and Inquiries Act 1992[3], the Secretary of State for Education and Skills hereby makes the following Regulations:

Citation, commencement and application
1.These Regulations may be cited as the Education (Pupil Referral Units) (Appeals Against Permanent Exclusion) (England) Regulations 2002[4] and shall come into force on 4th November 2002.

Interpretation
2.In these Regulations -

"the 1996 Act" means the Education Act 1996;

"the 1998 Act" means the School Standards and Framework Act 1998[5];

"the 2002 Act" means the Education Act 2002;

"relevant decision" means any decision made after 31st August 1994 by the teacher in charge of a pupil referral unit to exclude a pupil permanently (which includes a decision that any exclusion of a pupil for a fixed period should be made permanent), pursuant to paragraph 7 of Schedule 1 to the 1996 Act or paragraph 7 of Schedule 18 to the Education Act 1993[6];

"relevant person" means -

Appeal against permanent exclusion from a pupil referral unit
    3. - (1) This regulation prescribes for the purposes of section 52(7) of the 2002 Act the person who may appeal to an appeal panel against a decision to permanently exclude a pupil from a pupil referral unit.

    (2) The person prescribed is the relevant person in relation to any pupil who is the subject of a relevant decision.

Action to be taken by the teacher in charge of a pupil referral unit
    4. - (1) Subject to paragraph (2), where the teacher in charge of a pupil referral unit excludes any pupil permanently on or after the day on which these Regulations come into force, the teacher in charge shall forthwith -

(b) inform the local education authority that the pupil is being permanently excluded and the reasons for it.

    (2) This regulation shall not apply to any relevant decision made before the day on which these Regulations come into force.

Arrangements for appeals against permanent exclusion of pupils
    5. - (1) Subject to paragraph (2), a local education authority shall make arrangements in accordance with these Regulations for enabling a relevant person to appeal against any relevant decision.

    (2) No appeal may be made in relation to any relevant decision to which regulation 4(2) applies unless notice in writing setting out the grounds of appeal is given by the relevant person to the local education authority no later than 30 school days after the day on which these Regulations come into force.

Application of existing legislation
    6. - (1) Subject to paragraph (2), Schedule 18 to the 1998 Act[7] shall apply with the modifications prescribed in the Schedule to these Regulations in relation to any appeal against a relevant decision pursuant to arrangements made under regulation 5.

    (2) In relation to any relevant decision made before the day on which these Regulations come into force, paragraph 1(1) of Schedule 18 to the 1998 Act as modified by these Regulations shall not apply.

Decision of appeal panel to be binding
    7.The decision of an appeal panel on an appeal pursuant to arrangements made under regulation 5 shall be binding on the relevant person, the teacher in charge and the local education authority.

Direction to reinstate a pupil
    8.Where on an appeal pursuant to these Regulations an appeal panel determines that the pupil in question should not have been permanently excluded, the appeal panel shall either -

Regard to guidance
9.A teacher in charge of a pupil referral unit, a local education authority or an appeal panel discharging any function conferred by or under these Regulations and the 1998 Act (as modified by these Regulations) shall have regard to guidance given by the Secretary of State.

Stephen Twigg
Parliamentary Under-Secretary of State, Department for Education and Skills

8th October 2002

SCHEDULERegulation 6

Modification of Schedule 18 to the 1998 Act
    1.For "section 67(1)" in each place where it occurs, there shall be substituted "regulation 5 of the Education (Pupil Referral Units) (Appeals Against Permanent Exclusion) (England) Regulations 2002".

    2.For "section 66(6)(b)", in each place where it occurs, there shall be substituted "regulation 4(1)(a) of the Education (Pupil Referral Units) (Appeals Against Permanent Exclusion) (England) Regulations 2002".

    3.In paragraph 1, for "not to reinstate", in each place where it occurs, there shall be substituted "to permanently exclude".

    4.In paragraph 2(7) -

5.In paragraph 10(2) -

6.In paragraph 14 "the governing body" shall be omitted and, for "head teacher", there shall he substituted "teacher in charge".

EXPLANATORY NOTE

(This note is not part of the Regulations)

These Regulations prescribe the relevant person (that is to say the parent of a pupil or, where the pupil is 18, the pupil himself) who may appeal against a decision by a teacher in charge of a pupil referral unit to permanently exclude the pupil. This new right of appeal applies to any decision made by a teacher in charge of a pupil referral unit to permanently exclude a pupil on or after 1st September 1994.

Regulation 4 provides that where a pupil is permanently excluded after the coming into force of these Regulations, the teacher in charge must inform both the relevant person and the local education authority of the decision and the reason for it. In addition, the relevant person must be informed of his right to appeal against the decision and how to go about making such an appeal.

Regulation 5 places a duty on a local education authority to make arrangements enabling the relevant person to make an appeal. However, the relevant person must comply with the time limits for notifying the local education authority of his intention to appeal. In relation to a relevant decision made on or after the day on which these Regulations come into force, the time limit is 15 school days after the day on which the relevant person was given notice in writing under regulation 4(1). In relation to a relevant decision made before the day on which these Regulations come into force, the time limit is 30 school days after that day.

Regulation 6 applies Schedule 18 to the School Standards and Framework Act 1998, as modified by the Schedule to these Regulations, to any decision made in accordance with regulation 5.

Regulations 7 and 8 replicate the existing provisions in section 67(3) and (4) of the 1998 Act for pupil referral units, with the addition of provision (in regulation 8(b)) for the appeal panel to make a determination that a reinstatement would have been appropriate in a case where otherwise it would not in fact be practical to give such a direction.

Regulation 9 requires a teacher in charge of a pupil referral unit, a local education authority or an appeal panel, in carrying out functions under these Regulations, to have regard to guidance given by the Secretary of State.

Notes:

[1] 2002 c. 32; see section 212(1) for the meaning of "regulations".back

[2] 1996 c. 56.back

[3] 1992 c. 53, amended by paragraph 22 of Schedule 21 to the Education Act 2002.back

[4] By virtue of section 212(1) of the Education Act 2002 the powers conferred by these provisions are exercisable by the Secretary of State only in relation to England.back

[5] 1998 c. 31.back

[6] 1993 c. 35.back

[7] Schedule 18 was amended in relation to England by S.I. 2001/2086.back

ISBN 0 11 042863 3

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