Regulation 4 Prescribed conditions for parenting orders where the pupil has been excluded

(1)

For the purposes of regulation 3, in the case of a pupil excluded for a fixed period, the “relevant period” is whichever of the following is applicable, and if both are applicable whichever expires the later—

(a)

the period of 40 school days beginning with the next school day after the day on which consideration of the exclusion was completed^f1 by the governing body (or in the case of an exclusion from a pupil referral unit, the local authority) or, if it was not so considered, the day on which it began;

(b)

the period of six months beginning with the day on which a parent of the pupil entered into a parenting contract.

(2)

For the purposes of regulation 3, in the case of a pupil excluded permanently, the “relevant period” is whichever of the following is applicable, and if both are applicable whichever expires the later—

(a)

the period of 40 school days beginning with the next school day after—

(i)

the day on which an appeal panel constituted under regulations made under section 52 of the Education Act 2002^f2 decided to uphold the exclusion;

(ii)

the day on which the parent stated in writing that the parent does not intend to bring an appeal under those regulations;

(iii)

the day on which an appeal brought within the time for bringing an appeal has been abandoned; or

(iv)

if there was no appeal (and paragraph (ii) of this sub-paragraph does not apply), the last day on which an appeal could have been brought; or

(b)

the period of six months beginning with the day on which a parent of the pupil entered into a parenting contract.

Annotations

Footnotes

f1: The governing body of a maintained school considers the exclusion under regulation 5 of S.I. 2002/3178, and the local education authority considers a fixed term exclusion from a pupil referral unit under regulation 6 of S.I. 2002/3179.
f2: 2002 c 32.