Commentary on Sections and Schedules Part 3 – Maintained Schools Exclusion of pupils Section 52: Exclusion of pupils
147.Subsections (1) and (2) of this section, which give head teachers of maintained schools power to exclude any pupil from the school on disciplinary grounds and gives the same power to teachers in charge of PRUs, re-enact the existing provisions in section 64(1) of the SSFA and paragraph 7 of Schedule 1 to the EA 96.
148.The rest of the section provides for the procedures relating to the exclusion of pupils, including the arrangements for reviewing exclusions and appealing against decisions not to reinstate the pupil in question, to be set out in regulations. It is intended that the existing requirement for head teachers, governing bodies, LEAs and appeal panels to have regard to the Secretary of State’s, or the NAW’s, guidance relating to exclusion will be continued under those regulations.
149.Under the proposed regulations, the procedures for excluding a pupil from a maintained school other than a PRU will be largely unchanged. It is proposed, however, that regulations may provide for altering the constitution of the appeal panel; ensuring that, when reaching a decision, panels will be required to consider the interests of the whole school community, not just those of the excluded pupil; and for ensuring that defects in prior procedure will not alone constitute grounds for reinstating a pupil.
150.Regulations may also provide for changes to the number of days a fixed period exclusion must be before the governing body, through its discipline committee, is required to review it.
151.In relation to PRUs, the section provides the parent of a pupil permanently excluded from a PRU a right to appeal equivalent to that available to the parents of pupils excluded from maintained schools. The right will be given retrospectively to 1st September 1994, the date when PRUs were first recognised in statute.
152.The section also adds maintained nursery schools to the exclusions regime.