According to Butterworths’ Law of Education (written by Nicholas Hancox), “Section 52 of the Education Act 2002 enables head teachers of maintained schools and teachers in charge of pupil referral units to exclude pupils for a fixed period or permanently.  The power to exclude a pupil is clearly exercisable also by an acting head teacher, but there is scope for argument as to when a teacher (or a deputy head) is “an acting head teacher” for these purposes and when he or she is merely deputising for an absent head teacher.  If the excluding teacher is ‘merely deputising’, an exclusion authorised by that person will not be lawful.” 

The Law of Education continues:
“The Education (Pupil Exclusions and Appeals) (Maintained Schools) (England) Regulations 2002 provide detailed procedures to be followed by head teachers of maintained schools when excluding pupils.  A head teacher may not exclude a pupil for longer than 45 days in one academic year. The head teacher must notify ‘the relevant person’ (a parent of the child, or the pupil himself, if he is over 18)  about any exclusion and in certain situations, the head teacher must also notify the governors and the local education authority.  A ‘relevant person’ who is unhappy with the decision to exclude the pupil may make representations on the matter to the school’s governing body.  In the case of a permanent exclusion, the ‘relevant person’ may appeal from the governors’ decision to a statutory Independent Appeal Panel. 

“The local education authority, the governors and the head teacher are all under a statutory duty to have regard to DCSF guidance concerning exclusion. The September 2007 Guidance reflects the effect of the Education and Inspections Act 2006, the ‘Learning Behaviour’ Report by the Practitioners Group on School Behaviour and Discipline and the government white paper ’Higher Standards, Better Schools for all’.  The DCSF Guidance applies to exclusions at maintained schools, at Pupil Referral Units and at maintained nursery schools, but not at independent schools, section 482 academies or Sixth Form Colleges.”

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For the expulsion of pupils from independent schools, click here