Alice Reeve

When transferring a pupil off site, don’t skip the regs

In cases of student transfer due to bad behaviour, certain legal requirements must be met if the school’s decision is not to be challenged

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If a school in the maintained sector decides to transfer a pupil to an off-site educational provision, such as a pupil-referral unit, then certain legal requirements must be met.

On 18 February 2016, the High Court upheld a challenge by a 16-year-old boy to his school’s decision to transfer him, and its failure to keep the decision under review, as required by regulation 4 of the Education (Educational Provision for Improving Behaviour) Regulations 2010. The boy had been studying seven GCSEs until being transferred, due to his behaviour, to an off-site educational facility, where he was ...

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