HL Deb 30 October 1986 vol 481 cc810-2

43 Clause 21, page 25, line 21, at end insert— ( ) for it to be the duty of the local education authority, where they have been informed of the permanent exclusion of a pupil from the school—

  1. (i) to consider, after consulting the governing body, whether he should be reinstated immediately, reinstated by a particular date or not reinstated;
  2. (ii) where they consider that he should be reinstated, to give the appropriate direction to the head teacher; and
  3. (iii) where they consider that he should not be reinstated, to inform the pupil (if he is aged eighteen or over) or a parent of his (if he is under eighteen) of their decision;".

44 Page 25, line 24, leave out "three" and insert "five".

45 Page 25, line 29, after "direction", insert "for the reinstatement of the pupil".

46 Page 25, line 30, leave out from "authority" to end of line 31 and insert ", in the case of an exclusion for a fixed period, or by the governing body, in the case of an exclusion which is for an indefinite period or is permanent;"

47 Page 25, line 32, leave out from beginning to end of line 41.

48 Page 25, line 47, after "pupil", insert "or the authority consider that he should be reinstated by a date which is earlier than that determined by the governing body as the date by which he is to he reinstated".

49 Page 26, line 3, at end insert— (cc) for it to be the duty of the local education authority where—

  1. (i) they have been informed of the exclusion of a pupil from the school for a fixed period; and
  2. (ii) they propose to give a direction for his reinstatement;
to consult the governing body before doing so; (ccc) for any direction given by virtue of paragrph (c) above to cease to have effect (without prejudice to any subsequent direction given by virtue of any other provision made by the articles in accordance with this section) if the head teacher decides that the exclusion of the pupil concerned should be made permanent;".

50 Page 26, line 7, leave out "(b)" and insert "(a)".

51 Page 26, line 7, after "above" insert— (ff) for it to be the duty of the head teacher, where conflicting directions for the reinstatement of a pupil are given by the governing body and the local education authority, to comply with that direction which will lead to the earlier reinstatement of the pupil;".

52 Page 26, line 9, after "other" insert "and—

  1. (i) the pupil concerned, if he is aged eighteen or over; or
  2. (ii) a parent of his, if he is under eighteen;".

53 Page 26, line 10, leave out "subsection" and insert "section".

54 Page 26, line 10, leave out "given by them" and insert "which is given by them"

55 Page 26, line 13, at end insert— (a) for it to he the duty of the governing body, where they have been informed of the permanent exclusion of a pupil from the school—

  1. (i) to consider whether he should be reinstated immediately, reinstated by a particular date or not reinstated;
  2. (ii) where they consider that he should be reinstated, to give the appropriate direction to the head teacher; and
  3. (iii) where they consider that he should not be reinstated, to inform (without delay) the local education authority and either the pupil, if he is aged eighteen or over, or a parent of his, if he is under eighteen. of their decision;".

56 Page 26, line 16, leave out "three" and insert "five".

57 Page 26, line 21, leave out "immediate".

58 Page 26, line 23, leave out from "or" to "by", in line 24, and insert "in the ease of an exclusion for a fixed period".

59 Page 26, line 24, after "by" insert "the governing body or".

60 Page 26, line 24, at end insert— ( ) for it to be the duty of the local education authority to consult the governing body before giving any direction by virtue of paragraph (b) above;".

61 Page 26, line 25, leave out from beginning to end of line 28.

62 Page 26, line 29, leave out from beginning to end of line 32.

63 Page 26, line 38, after "pupil", insert "or the authority consider that he should be reinstated by a date which is earlier than that determined by the governing body as the date by which he is to be reinstated".

64 Page 26, line 42, at end insert— ( ) for any direction given by virtue of paragraph (d) above to cease to have effect (without prejudice to any direction given by virtue of any other provision made by the articles in accordance with this section) if the head teacher decides that the exclusion of the pupil concerned should be made permanent;".

65 age 26, line 46, leave out "and".

66 Page 26, line 46, at end insert— ( ) for it to be the duty of the head teacher, where conflicting directions for the reinstatement of a pupil are given by the governing body and the local education authority, to comply with that direction which will lead to the earlier reinstatement of the pupil; and".

67 Page 27, line 2, after "other", insert "and—

  1. (i) the pupil concerned, if he is aged eighteen or over, or
  2. (ii) a parent of his, if he is under eighteen;".

68 Page 27, line 3, leave out "subsection" and insert "section".

69 Page 27, line 4, leave out "given by them" and insert "which is given by them".

70 Page 27, leave out lines 5 to 18.

71 After Clause 21, insert the following new clause:

"Exclusion on discipline grounds: appeals.

.—(1) Every local education authority shall make arrangements for enabling—

  1. (a) a registered pupil at a county, controlled or maintained special school who is aged eighteen or over, or a parent of his, in the case of a pupil at such a school who is under eighteen, to appeal against any decision not to reinstate the pupil following his permanent exclusion from the school; and
  2. (b) any governing body of such a school, the head teacher of which has been directed by the authority to reinstate any registered pupil at the school who has been permanently excluded, to appeal against the direction.

(2) The governing body of every aided or special agreement school shall make arrangements for enabling a registered pupil at the school who is aged eighteen or over, or a parent of a pupil at such a school who is under eighteen, to appeal against any decision not to reinstate the pupil following his permanent exclusion from the school.

(3) Joint arrangements may be made under subsection (2) above by the governing bodies of two or more aided or special agreement schools maintained by the same local education authority.

(4) Any appeal by virtue of this section shall be to an appeal committee constituted in accordance with Part I of Schedule 2 to the 1980 Act; and Schedule (Exclusion on discipline grounds: appeals) to this Act shall have effect, in place of Part II of Schedule 2 to the 1980 Act, in relation to any such appeal.

(5) The decision of an appeal committee on any such appeal shall he binding on the persons concerned; and where the committee determines that the pupil in question should he reinstated it shall direct that he be reinstated immediately or direct that he be reinstated by such date as is specified in the direction.".

72 Clause 22, page 27, line 22, after "school", insert "in circumstances in which no right of appeal is given by section (Exclusion on discipline grounds: appeals) of this Act".

Baroness Young

My Lords, I beg to move that the House do agree with the Commons in their Amendments Nos. 43 to 72 en bloc.

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

On Question, Motion agreed to.