HL Deb 30 October 1986 vol 481 cc808-9

34 Clause 21, divide Clause 21 into four clauses, the first consisting of page 23, line 38 to page 24, line 35, the second of page 24, line 36 to page 25, line 19, the third of page 25, line 20 to page 26, line 11 and the fourth of page 26, line 12 to page 27, line 18. 35 Page 23, line 38, leave out "Subject to subsections (2), (3) and (4) below". 36 Page 24, line 36, at beginning insert— ( ) The articles of government for every county, voluntary and maintained special school shall provide—". 37 Page 24, line 37, leave out "a child or young person" and insert "under eighteen". 38 Page 24, line 40, at end insert—

  1. (ii) where he decides that any exclusion of such a pupil from the school which was originally for a fixed or indefinite period should be made permanent, to take (without delay) reasonable steps to inform a parent of the pupil of his decision and of the reasons for it; and
  2. (iii) where he excludes any pupil from the school to take (without delay) reasonable steps to inform the pupil, if he is aged eighteen or over, or a parent of his, if he is under eighteen, that the pupil (or as the case may be) parent may make representations about the exclusion to the governing body and the local education authority;.

Baroness Young

My Lords, I beg to move that this House do agree with the Commons in their Amendments Nos. 34 to 38, and speak also to Amendments Nos. 40, 41, 43, 45 to 72, 100 and 121.

This large batch of amendments is not as daunting as it appears. The amendments serve two purposes. The first is to split the rather unwieldy Clause 21 into four more manageable clauses and to make various consequential and tidying-up amendments. Your Lordships may have had the opportunity to see a copy of the note we have made available showing how the clause would look with all the amendments made. It was put in the Whips' offices.

The second purpose is to pave the way in the present clause for the new right of appeal in exclusion cases to be put in place by the new clause after Clause 21 in Amendment No. 71 and the new schedule after Schedule 2 in Amendment No. 121. The consequential amendments to Clause 21 are to ensure that there are formal decisions which may be appealed against.

Appeals under the new clause and schedule will be open not only to the parents of a permanently excluded pupil, or the pupil himself if he is aged 18, but also to the governing body against any direction by the LEA that the pupil should be reinstated. Appeals will be heard by the appeals committees set up under the 1980 Act and which have proved their worth in school admission cases.

Amendments No. 72 and 100 are wholly consequential on this new structure, respectively inserting an appropriate cross reference and removing a redundant definition.

Moved, That this House do agree with the Commons in the said amendments.—(Baroness Young.)

On Question, Motion agreed to.