Section 262 Exclusion of pupils: funding.

England and Wales

(1)

Subsection (2) below applies where a pupil is permanently excluded from any school maintained by a local education authority or any grant-maintained school and, in the financial year in which the exclusion first takes effect—

(a)

he is subsequently provided with education at a school maintained by a local education authority, education otherwise than at school provided by such an authority or education at a grant-maintained school, and

(b)

the person accountable for that education (referred to below as “the new provider”) is not the same as the person accountable for the education provided for him immediately before his exclusion (referred to below as “the former provider”).

(2)

The former provider shall pay to the new provider an amount determined in accordance with regulations as the appropriate amount of funding to be transferred to the new provider in respect of that pupil for that financial year.

(3)

Every local education authority shall, where any scheme made by them under section 33 of the M1Education Reform Act 1988 (financing county and voluntary schools) does not make the provision required by subsection (4) below, exercise their powers to revise the scheme so that it makes such provision.

(4)

The provision required by this subsection, in relation to a local education authority, is—

(a)

provision requiring the authority, where a pupil is permanently excluded from a school and the exclusion first takes effect in a financial year in which the school is required to be covered by the scheme, to reduce the school’s budget share for that year by an amount determined in accordance with regulations as the appropriate amount of funding in respect of that pupil for that year to be subtracted from the school’s budget share, and

(b)

provision requiring the authority, where a pupil admitted to a school in a financial year in which the school is required to be covered by the scheme has been permanently excluded from a school maintained by them or any other local education authority or any grant-maintained school and the exclusion (as well as the admission) first took effect in that year, to allocate for the purposes of the school in that year an amount determined in accordance with regulations as the appropriate amount of funding in respect of that pupil for that year to be allocated for those purposes.

(5)

Expressions used in subsection (4) above and in Chapter III of Part I of the Education Reform Act 1988 have the same meaning in that subsection as in that Chapter.

(6)

Subject to subsection (7) below, for the purposes of this section—

(a)

the local education authority are accountable for education provided at any school maintained by them or education provided by them otherwise than at school, and

(b)

the governing body are accountable for education provided at a grant-maintained school.

(7)

Where a pupil is permanently excluded from any school maintained by a local education authority or grant-maintained school and, in the financial year in which the exclusion first takes effect, the following events subsequently occur—

(a)

he is first provided with education for which a different local education authority or, in the case of exclusion from a grant-maintained school, any local education authority are accountable (referred to below as “the first new provider”) and which is provided in a pupil referral unit or otherwise than at school, and, at any time afterwards

(b)

he is provided with education at a grant-maintained school or for which a local education authority other than the first new provider are accountable,

then, in relation to the education mentioned in paragraph (b) above, the first new provider is to be treated as accountable for the education provided for the pupil immediately before the exclusion first took effect.

(8)

Any dispute as to whether any local education authority or governing body of a grant-maintained school are entitled to be paid any amount under this section by any such other person shall be determined by the Secretary of State.

(9)

For the purposes of this section the permanent exclusion of a pupil does not take effect until—

(a)

any review under the articles of government of the decision to exclude him has been completed, and

(b)

either any time for appealing under section 26 of the M2Education (No. 2) Act 1986 or those articles has expired without such an appeal being made or such an appeal has been finally concluded.

(10)

In this section, “grant-maintained school” includes a grant-maintained special school.

Annotations

Marginal citations

M1: 1988 c. 40.
M2: 1986 c. 61.

Notes on the whole Act

Textual amendments

F1: Act repealed (1.11.1996) by 1996 c. 56, ss. 582(2)(3), 583(2), Sch. 38 Pt. I (with savings in ss. 1(4), 561, 562, Sch. 39); Sch. 13 paras. 6, 7 as saved continued (1.9.1999) by S.I. 1999/2267, reg. 2(2); and s. 154(4) expressed to be amended (11.9.1998) by 1998 c. 18, ss. 54(1), 55(2), Sch. 3 para. 25 (which amendment fell (1.4.1999) by reason of the repeal of the said Sch. 3 para. 25 by 1998 c. 31, s. 140(3), Sch. 31; S.I. 1999/1016, art. 2(1), Sch. 1)