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7. (1) Where the relevant person applies for a review, the local authority must, at their expense—
(a)make arrangements for the review of the governing body’s decision not to reinstate a pupil who has been permanently excluded; and
(b)if requested by the relevant person, appoint, for the purpose of that review, a SEN expert to provide impartial advice on how special educational needs may be relevant to the decision to exclude the pupil permanently.
(2) The local authority are not to take the steps in paragraph (1) where the relevant person has not applied for a review within the time limit specified in Schedule 1.
(3) Where the relevant person wishes that a SEN expert be appointed for a review, the request must be made in writing to the local authority with, and at the same time as, the application for a review.
(4) In exercising its functions under these Regulations, the review panel must consider the interests and circumstances of the excluded pupil, including the circumstances in which the pupil was excluded, and have regard to the interests of other pupils and persons working at the school (including persons working at the school voluntarily).
(5) In addition to the powers of the review panel under section 51A(4) of the Act, the panel may—
(a)direct the governing body to place a note on the pupil’s educational record;
(b)order that the local authority are to make an adjustment to the school’s budget share for the funding period during which the exclusion occurs in the sum of £4,000 if, following a decision by the panel to quash the governing body’s original decision, the governing body—
(i)reconsider the exclusion and decide not to reinstate the pupil; or
(ii)fail to reconsider the exclusion within the time limit specified in regulation 8(1).
(6) The review panel’s decision is binding on the relevant person, the governing body, the head teacher and the local authority.
Explanatory Memorandum sets out a brief statement of the purpose of a Statutory Instrument and provides information about its policy objective and policy implications. They aim to make the Statutory Instrument accessible to readers who are not legally qualified accompany any Statutory Instrument or Draft Statutory Instrument laid before Parliament from June 2004 onwards.
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