{
  "url": "https://openlegislation.uk/education-pupil-exclusions-and-appeals-maintained-schools-england-regulations-2002/note",
  "json_url": "https://openlegislation.uk/education-pupil-exclusions-and-appeals-maintained-schools-england-regulations-2002/note.json",
  "legislation": "uksi/2002/3178",
  "legislation_title": "The Education (Pupil Exclusions and Appeals) (Maintained Schools) (England) Regulations 2002",
  "legislation_url": "https://openlegislation.uk/education-pupil-exclusions-and-appeals-maintained-schools-england-regulations-2002",
  "path": "note",
  "kind": "note",
  "number": null,
  "heading": "Explanatory note",
  "text": "(This note is not part of the Regulations)\nThese Regulations prescribe limits on the powers of head teachers to exclude pupils from school under s.52 of the Education Act 2002, and the procedure which is to be followed by the head teacher, the school governing body and the local education authority following an exclusion from a maintained school.\nRegulation 4 requires the head teacher to inform the parents (or pupil if he is 18 or over) of details of an exclusion. The head teacher must also inform the local education authority and governing body if the exclusion is permanent, will result in the pupil missing a public examination, or takes the total exclusions for that pupil over five days in a term.\nWhere the exclusion is permanent, will result in the pupil missing a public examination, or takes the total exclusions for that pupil over 15 days in a term, or the parent (or pupil if he is 18 or over) wishes to make representations and the pupil would be excluded for more than five days in a term, Regulation 5 requires the governing body to consider the circumstances, listen to any representations from the parent (or pupil if he is 18 or over) or the local education authority, and to decide whether the pupil should be reinstated or not.\nRegulation 6 requires the local education authority to make arrangements for the parent (or pupil if he is 18 or over) to appeal against a decision of the governing body not to reinstate a pupil who has been permanently excluded. The appeal panel shall have regard to both the interests of the excluded pupil and those of other pupils and persons working at the school. A failure to follow procedural requirements is not of itself to lead to a decision to reinstate. The decision of the appeal panel is binding. If the appeal panel accepts that there are exceptional circumstances or other reasons which make it not practical to direct reinstatement, they may decide not to make a direction to reinstate the pupil but may indicate that a direction would otherwise have been appropriate.\nRegulation 7 requires head teachers, governing bodies, local education authorities and appeal panels to have regard to guidance given by the Secretary of State.\nRegulation 8 makes various consequential amendments, including amendments to the Education (School Government) (England) Regulations 1999 (S.I. 1999/2163), to ensure that references in these Regulations to the governing body of a maintained school are to be construed as references to their pupil discipline committee.\nThe Schedule prescribes the constitution and procedure for appeal panels.",
  "extent": null,
  "status": null,
  "version": "current",
  "annotations": [],
  "outstanding_effects": [],
  "provenance": {
    "source": "legislation.gov.uk",
    "source_url": "https://www.legislation.gov.uk/uksi/2002/3178/note",
    "retrieved_at": "2026-10-29T06:35:18.902082+00:00"
  },
  "licence": "Open Government Licence v3.0",
  "licence_url": "https://www.nationalarchives.gov.uk/doc/open-government-licence/version/3/",
  "attribution": "Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives."
}