School exclusions

Abstract

On 1 September 1998 new provisions relating to school exclusions under the Education Act 1997 (the 1997 Act), will come into force. The period of a fixed term exclusion will be extended from the current 15 school days in any one term to up to ‘45 school days in any one school year' (section 6(1)). This change in the law has arisen as a result of much disquiet expressed from various quarters, including the Government, about the dramatic increase in the number of permanent exclusions of pupils from school, which it could be argued was partly attributable to the abolition of the indefinite exclusion introduced by the Education Act 1993, section 261(l)(b). The 1997 Act has further granted powers to schools to deal with matters of discipline in schools more generally. Further provisions relate to the responsibilities of local education authorities to deal more effectively with children who are not in school. Section 11 of the 1997 Act withdraws a parent’s right to choose a new school if their child has been excluded from two or more schools.