Education Act 2011

Valid from 01/09/2012

SSFA 1998E+W

8E+WSection 87 of SSFA 1998 (no requirement to admit children permanently excluded from two or more schools) is amended as follows.

9E+WAfter subsection (3) insert—

(3A)A child who has been permanently excluded from a school in England shall not be treated for the purposes of this section as having been so excluded if any of the following applies—

(a)the child was reinstated as a pupil at the school following a direction from the responsible body—

(i)in accordance with regulations under subsection (3)(b) of section 51A of the Education Act 2002;

(ii)following a recommendation from the review panel that the responsible body reconsiders the matter under subsection (4)(b) of that section;

(b)the child would have been reinstated as a pupil at the school following a direction from the responsible body as described in paragraph (a)(i) or (ii), if it had been practical for the responsible body to give such a direction;

(c)the review panel has quashed a decision of the responsible body not to reinstate the child as a pupil at the school under subsection (4)(c) of section 51A of the Education Act 2002;

(d)the child was so excluded at a time when the child had not attained compulsory school age.

(3B)In subsection (3A) “the responsible body” has the same meaning as in section 51A of the Education Act 2002.

10E+WIn subsection (4), in the opening words—

(a)omit “However,”;

(b)after “a school” insert “ in Wales ”.