When is a reinstated pupil not reinstated?

Paper


Teh, Mui Kim and Stott, Kenneth. 2006. "When is a reinstated pupil not reinstated?" 15th Annual Conference of the Australia and New Zealand Education Law Association: Keeping People and Property Safe in an Education Environment (ANZELA 2006). Hobart, Tasmania 04 - 06 Oct 2006 Sydney, Australia.
Paper/Presentation Title

When is a reinstated pupil not reinstated?

Presentation TypePaper
AuthorsTeh, Mui Kim (Author) and Stott, Kenneth (Author)
Journal or Proceedings TitleProceedings of the 15th Annual Conference of the Australia and New Zealand Education Law Association: Keeping People and Property Safe in an Education Environment (ANZELA 2006)
Number of Pages7
Year2006
Place of PublicationSydney, Australia
Web Address (URL) of Paperhttp://www.cdesign.com.au/proceedings_anzela2006/papers%20(pdf)/thur_1a.pdf
Conference/Event15th Annual Conference of the Australia and New Zealand Education Law Association: Keeping People and Property Safe in an Education Environment (ANZELA 2006)
Event Details
15th Annual Conference of the Australia and New Zealand Education Law Association: Keeping People and Property Safe in an Education Environment (ANZELA 2006)
Event Date
04 to end of 06 Oct 2006
Event Location
Hobart, Tasmania
Abstract

Bullying is, regrettably, prevalent in many countries, and schools are under considerable pressure to implement anti-bullying policies and disciplinary mechanisms to curb such dysfunctional behaviour. The most severe disciplinary measure is undoubtedly that of excluding (or expelling) the child. The procedure for this drastic action is provided for in England in the School Standards and Framework Act 1998 (“the Act”). However, under Section 67 of the Act, the parents of an excluded child may appeal to an independent panel that has the power to direct that the excluded child be reinstated. Where a school principal is faced with the prospect of reinstating an excluded child (i.e. the bully), what are the steps that can be taken to discharge the obligations to the excluded child, other pupils and members of staff? Must the excluded child be reintegrated into the class or should special arrangements be made for conducting his education separately? Can the teachers refuse to teach the excluded child? This is a situation that arose in the case of L (a minor), Re (2003) UKHL 9 and this paper discusses the case and other related cases, and analyses the House of Lord s’ decision concerning the meaning
and effect of “reinstate” and “reinstated”, an issue that is of importance not only to individual pupils, but also to education authorities, school governing bodies, principals, teachers and parents

Keywordsbullying; litigation; education law; school law; special education; expulsion; excluded students; discipline
ANZSRC Field of Research 2020489999. Other law and legal studies not elsewhere classified
390404. Educational counselling
390411. Special education and disability
Public Notes

All copyright of material rests with the original authors. No presentations, or part thereof, may be reproduced in any format without the prior permission of the authors.

Byline AffiliationsSchool of Law
Office of the Vice-Chancellor
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