Commentary Attendance at alternative education provision Section 115: Power of governing body to make alternative provision for excluded pupils
241.Section 29(3) of the Education Act 2002 gives the governing body of a school the power to direct a pupil in attendance at that school to attend alternative provision. However, pupils who are excluded from school for a fixed period or are appealing against a permanent exclusion cannot attend a school from which they have been excluded. As a result schools cannot direct such excluded pupils to attend alternative educational provision. This section amends section 29(3) by extending the governing body’s power to direct pupils to attend alternative educational provision if the pupil is not in attendance but is registered at the school.