Joint Committee on Statutory Instruments Eleventh Report


Memorandum from the Department for Education and Skills



1. The Committee requested a memorandum on the following points ­

(1) Regulation 5(7) of each instrument requires the governing body, in a case not falling within paragraphs (2) to (6), to consider any representations made in pursuance of regulation 4(1)(c). Explain the purpose of this requirement, and what the governing body is to do once it has considered the representations.

2. This paragraph only applies to an exclusion where the pupil will be excluded for less than 6 days in a school term, and where no public examination is missed. It is included in order that the parent (or pupil if aged 18) still has an opportunity to make representations. Since however the representations may well be received after the exclusion has ended, and the exclusion is relatively minor, there is no explicit provision for a hearing or for the action to be taken by the governing body after any hearing. Instead the governing body is to consider the representations, and it may decide to reply to the parent either supporting the exclusion or not. A copy of the letter should be kept on the pupil's file and there is therefore a record of the review which can be referred to at a later date; it may particularly be relevant if there is a further exclusion.

3. The guidance issued by the Department in January refers to this (paras 3.5 and 4.1 of Part 3), and the governing body are obliged by virtue of regulation 7 of SI 2002/3178 to have regard to it.

4. The same considerations apply in the case of pupil referral units (SI 2002/3179), where the corresponding provisions are in regulation 6 but in the case of pupil referral units it is the local education authority which has to consider the representations.

(2) Where regulation 5(9) applies, is it intended that the six school day limit in regulation 5(8)(a) should still apply?

5. It is not intended that the six school day limit should apply. Paragraph (8) is expressly made subject to paragraph (9). In the Department's view this means that in cases where paragraph (9) applies the time limit in paragraph (8)(a) is displaced by the duty to act if possible before the date of the examination. Paragraph 1.4 of Part 3 of the guidance explains this further.

6. The same point applies in regulation 6 of SI 2002/3179.

10 February 2003

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