Search Legislation

Education Act 2011

What Version

 Help about what version

Advanced Features

 Help about advanced features

Changes to legislation:

There are currently no known outstanding effects for the Education Act 2011, Section 4. Help about Changes to Legislation

Close

Changes to Legislation

Revised legislation carried on this site may not be fully up to date. At the current time any known changes or effects made by subsequent legislation have been applied to the text of the legislation you are viewing by the editorial team. Please see ‘Frequently Asked Questions’ for details regarding the timescales for which new effects are identified and recorded on this site.

4Exclusion of pupils from schools in England: reviewE+W

This section has no associated Explanatory Notes

(1)Chapter 3 of Part 3 of EA 2002 (maintained schools: admissions, exclusions and attendance) is amended as follows.

(2)Before section 52, insert—

51AExclusion of pupils: England

(1)The head teacher of a maintained school in England may exclude a pupil from the school for a fixed period or permanently.

(2)The teacher in charge of a pupil referral unit in England may exclude a pupil from the unit for a fixed period or permanently.

(3)Regulations must make provision—

(a)requiring prescribed persons to be given prescribed information relating to any exclusion under subsection (1) or (2);

(b)requiring the responsible body, in prescribed cases, to consider whether the pupil should be reinstated;

(c)requiring the local authority to make arrangements enabling a prescribed person to apply to a review panel for a review, in any prescribed case, of a decision of the responsible body not to reinstate a pupil;

(d)about the constitution of a review panel;

(e)about the procedure to be followed on a review under paragraph (c).

(4)On an application by virtue of subsection (3)(c), the review panel may—

(a)uphold the decision of the responsible body,

(b)recommend that the responsible body reconsiders the matter, or

(c)if it considers that the decision of the responsible body was flawed when considered in the light of the principles applicable on an application for judicial review, quash the decision of the responsible body and direct the responsible body to reconsider the matter.

(5)Regulations may provide for the panel to have supplementary powers, and in particular may provide that the panel has the power to make a direction about the effect on an excluded pupil of a recommendation under subsection (4)(b) or a direction under subsection (4)(c).

(6)In a case where the panel gives a direction under subsection (4)(c) to the governing body of a maintained school, the panel may, in prescribed circumstances, order an adjustment of the school's budget share for a funding period.

(7)Regulations must make provision about—

(a)how the amount of the adjustment is to be determined;

(b)the effect of the adjustment on the budget shares of other maintained schools for the funding period.

(8)Regulations under this section may also make provision—

(a)for the payment by the local authority of allowances to members of the review panel;

(b)requiring a person or body exercising functions under subsection (1) or (2) or under the regulations to have regard to any guidance given from time to time by the Secretary of State;

(c)requiring local authorities to give prescribed information to the Secretary of State;

(d)in relation to any other matter relating to the exercise of the powers conferred by subsections (1) and (2).

(9)Regulations made by virtue of subsection (8)(a) may provide for any of the provisions of sections 173 to 174 of the Local Government Act 1972 (allowances to members of local authorities and other bodies) to apply with prescribed modifications in relation to members of a review panel.

(10)In this section—

  • budget share” and “funding period” have the same meaning as in Part 2 of the School Standards and Framework Act 1998;

  • exclude”, in relation to the exclusion of a pupil from a school or pupil referral unit, means exclude on disciplinary grounds (and “exclusion” is to be construed accordingly);

  • maintained school” has the same meaning as in Chapter 1;

  • the responsible body” means—

    (a)

    in relation to exclusion from a maintained school, the governing body of the school;

    (b)

    in relation to exclusion from a pupil referral unit, such person as may be prescribed.

(11)In relation to any time when no responsible body is prescribed in relation to permanent exclusion from a pupil referral unit, subsection (3) has effect in relation to such an exclusion as if—

(a)paragraph (b) were omitted, and

(b)the decision referred to in paragraph (c) were the decision of the teacher in charge of the unit permanently to exclude the pupil.

(12)Regulations may make provision for this section and regulations made under it to apply, with prescribed modifications, in relation to Academies or a description of Academy.

(3)In section 52 (exclusion of pupils)—

(a)in subsection (1), after “maintained school” insert “ in Wales ”;

(b)in subsection (2), after “pupil referral unit” insert “ in Wales ”;

(c)in subsection (4)—

(i)in paragraph (b), omit from first “(in” to “Wales)”;

(ii)in paragraph (c), omit “the Secretary of State or” and “as the case may be,”;

(d)in the heading, at the end insert “ : Wales ”.

(4)Schedule 1 (consequential amendments) has effect.

Annotations: Help about Annotation
Close

Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I1S. 4 in force at 1.9.2012 by S.I. 2012/1087, art. 3 (with art. 4)

Back to top

Options/Help

Print Options

You have chosen to open The Whole Act

The Whole Act you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.

Would you like to continue?

You have chosen to open The Whole Act as a PDF

The Whole Act you have selected contains over 200 provisions and might take some time to download.

Would you like to continue?

You have chosen to open the Whole Act

The Whole Act you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.

Would you like to continue?

You have chosen to open Schedules only

The Schedules you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.

Would you like to continue?

Close

Legislation is available in different versions:

Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.

Original (As Enacted or Made):The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.

Close

See additional information alongside the content

Geographical Extent: Indicates the geographical area that this provision applies to. For further information see ‘Frequently Asked Questions’.

Show Timeline of Changes: See how this legislation has or could change over time. Turning this feature on will show extra navigation options to go to these specific points in time. Return to the latest available version by using the controls above in the What Version box.

Close

Opening Options

Different options to open legislation in order to view more content on screen at once

Close

Explanatory Notes

Text created by the government department responsible for the subject matter of the Act to explain what the Act sets out to achieve and to make the Act accessible to readers who are not legally qualified. Explanatory Notes were introduced in 1999 and accompany all Public Acts except Appropriation, Consolidated Fund, Finance and Consolidation Acts.

Close

More Resources

Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as enacted version that was used for the print copy
  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • correction slips
  • links to related legislation and further information resources
Close

More Resources

Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as enacted version that was used for the print copy
  • correction slips

Click 'View More' or select 'More Resources' tab for additional information including:

  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • links to related legislation and further information resources