Reintegration of excluded pupil

January 4th, 2011

The Education (Reintegration Interview) (Wales) Regulations 2010, SI 2010/2953 (W.245), made by the National Assembly for Wales, which come into force on 5 January 2011 prescribe the circumstances in which a Head Teacher must request the parents of an excluded pupil of compulsory school age to attend a reintegration interview under Section 102 of the Education and Inspections Act 2006 (“the 2006 Act”), and the procedure by which the interview must be arranged. Regulation 3 requires the Head Teacher to request an interview with a parent of a pupil of compulsory school age who has been excluded from a primary school for any fixed period, or from a secondary school for a fixed period of six or more school days. The parent must be an individual who resides with the child. The Head Teacher need not make such a request if the exclusion starts within ten days of the end of the summer term or the pupil is expected to leave the school for a reason other than behaviour (for example if the pupil is moving to a school in a different area). Regulation 4 requires that the request is made by a notice in writing and specifies what information must be contained in that notice. It prescribes a period within which the interview must take place and requires the interview to take place on a school day within that period, though it may take place on a non-school day within that period if the parent and Head Teacher agree. The Head Teacher must use reasonable endeavours to arrange the interview for a date and time within the period suggested by the parent. The notice must be given no later than six days before the interview is to take place. Regulation 5 allows a notice from a Head Teacher under these Regulations to be combined with the notice informing the parent of the exclusion (under regulations made under Section 52(3)(a) of the Education Act 2002).  Section 572 of the Education Act 1996 makes provision for how the notice may be given. It may be delivered to the parent, left at the parent’s usual or last known address, or sent in a prepaid addressed letter to that address. It may be sent by e-mail if the parent has agreed to use e-mail to receive notices.

James Goudie QC

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