After 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.”