Special Educational Needs and Disability Act 2001

21 Exclusions

In the 1995 Act, insert the following section—

“28L Exclusions

(1) If the condition mentioned in subsection (2) is satisfied, this section applies to a claim in relation to an exclusion decision that a responsible body—

(a) has discriminated against a person (“A”) in a way which is made unlawful under this Chapter; or

(b) is by virtue of section 58 to be treated as having discriminated against a person (“A”) in such a way.

(2) The condition is that arrangements (“appeal arrangements”) have been made—

(a) under section 67(1) of the School Standards and Framework Act 1998, or

(b) under an agreement entered into between the responsible body for a city academy and the Secretary of State under section 482 of the Education Act 1996,

enabling an appeal to be made against the decision by A or by his parent.

(3) The claim must be made under the appeal arrangements.

(4) The body hearing the claim has the powers which it has in relation to an appeal under the appeal arrangements.

(5) “Exclusion decision” means—

(a) a decision of a kind mentioned in section 67(1) of the School Standards and Framework Act 1998;

(b) a decision not to reinstate a pupil who has been permanently excluded from a city academy by its head teacher, taken by the responsible body or on its behalf.

(6) “Responsible body”, in relation to a maintained school, includes the discipline committee of the governing body if that committee is required to be established as a result of regulations made under paragraph 4 of Schedule 11 to the School Standards and Framework Act 1998.

(7) “Maintained school” has the meaning given in section 28Q(5).”