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The Education (Pupil Exclusions and Appeals) (Maintained Schools) (Wales) Regulations 2003

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Exclusion of pupils: duty to inform the relevant person, governing body and local education authority

4.—(1) Where the head teacher of a maintained school excludes any pupil, the head teacher must without delay take reasonable steps to inform the relevant person of the following matters —

(a)the period of the exclusion or, if the pupil is being permanently excluded, that he or she is being so excluded;

(b)the reasons for the exclusion;

(c)that he or she may make representations about the exclusion to the governing body and that the excluded pupil may also make representations about the exclusion to the governing body where the pupil is not the relevant person; and

(d)the means by which such representations may be made.

(2) Where the head teacher decides that any exclusion of a pupil for a fixed period should be made permanent, he or she must without delay take reasonable steps to inform the relevant person of —

(a)his or her decision, and

(b)the matters specified in sub-paragraphs (b) to (d) of paragraph (1).

(3) Paragraph (4) applies where the head teacher —

(a)excludes any pupil in circumstances where the pupil would, as a result of the exclusion —

(i)be excluded from the school for a total of more than five school days in any one term, or

(ii)lose an opportunity to take any public examination,

(b)excludes a pupil permanently, or

(c)decides that any exclusion of a pupil should be made permanent.

(4) Where this paragraph applies, the head teacher must without delay inform the local education authority and the governing body of the following matters —

(a)the period of the exclusion or, if the pupil is being permanently excluded, that he or she is being so excluded, or

(b)his or her decision that any exclusion of a pupil for a fixed period should be made permanent,

and (in either case) of the reasons for it.

(5) The head teacher must in each term inform the local education authority and the governing body of any exclusions which do not fall within paragraph (3) and in respect of each such exclusion must provide details of the period of the exclusion and the reason for it.

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