Education and Inspections Bill

House of Commons

Session 2005 - 06
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Other Bills before Parliament

Education and Inspections Bill

Education and Inspections Bill
Part 7 — Discipline, behaviour and exclusion
Chapter 1 — School Discipline
62

79
Enforcement of disciplinary penalties: detention outside normal school hours
(1)
This section applies in relation to a disciplinary penalty which consists of the
detention of a pupil outside normal school hours.
(2)
In relation to a disciplinary penalty to which this section applies, subsection (2)
of section 78 has effect as if it required the following additional conditions to
5
be satisfied, as well as the conditions set out in subsections (3) to (5) of that
section.
(3)
The additional conditions are—
(a)
that the pupil has not attained the age of 18,
(b)
that the head teacher of the school has previously determined, and has
10
made generally known within the school and to parents of registered
pupils at the school, that the detention of pupils outside normal school
hours is one of the measures that may be taken with a view to
regulating the conduct of pupils,
(c)
that the detention is on a permitted day of detention, and
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(d)
that the pupil’s parent has been given at least 24 hours’ notice in
writing that the detention is due to take place.
(4)
If arrangements have to be made for the pupil to travel to school for the
purposes of the detention or to travel home after the detention, then in
determining for the purposes of the condition in subsection (3) of section 78
20
whether the imposition of the detention is reasonable, subsection (6) of that
section is to be read as if it also required the question whether suitable
travelling arrangements can reasonably be made by his parent to be taken into
account.
(5)
Section 572 of EA 1996, which provides for the methods by which notices may
25
be served under that Act, does not preclude a notice under subsection (3)(d)
from being given to the parent by any effective method.
(6)
This section is not to be construed as restricting what may lawfully be done
apart from this section.
(7)
In this section, “permitted day of detention”, in relation to a pupil, means any
30
of the following days—
(a)
a school day, other than a day on which the pupil has leave to be absent,
and for this purpose “leave” means leave granted by a person
authorised to do so by the governing body or proprietor of the school;
(b)
a Saturday or Sunday during a school term, other than a Saturday or
35
Sunday which falls during, or at a weekend immediately preceding or
immediately following, a half-term break;
(c)
a day (whether or not during a school term) which is set aside wholly
or mainly for the performance of duties by members of the staff of the
school other than teaching, other than such a day which is excluded by
40
regulations made—
(i)
in relation to England, by the Secretary of State, and
(ii)
in relation to Wales, by the Assembly.
80
Power of members of staff to use force
(1)
A person to whom this section applies may use such force as is reasonable in
45
the circumstances for the purpose of preventing a pupil from doing (or
continuing to do) any of the following, namely—

Education and Inspections Bill
Part 7 — Discipline, behaviour and exclusion
Chapter 1 — School Discipline
63

(a)
committing any offence,
(b)
causing personal injury to, or damage to the property of, any person
(including the pupil himself), or
(c)
prejudicing the maintenance of good order and discipline at the school
or among any pupils receiving education at the school, whether during
5
a teaching session or otherwise.
(2)
This section applies to a person who is, in relation to a pupil, a member of the
staff of any school at which education is provided for the pupil.
(3)
The power conferred by subsection (1) may be exercised only where—
(a)
the member of the staff and the pupil are on the premises of the school
10
in question, or
(b)
they are elsewhere and the member of the staff has lawful control or
charge of the pupil concerned.
(4)
Subsection (1) does not authorise anything to be done in relation to a pupil
which constitutes the giving of corporal punishment within the meaning of
15
section 548 of EA 1996.
(5)
The powers conferred by subsection (1) are in addition to any powers
exercisable apart from this section and are not to be construed as restricting
what may lawfully be done apart from this section.
(6)
In this section, “offence” includes anything that would be an offence but for the
20
operation of any presumption that a person under a particular age is incapable
of committing an offence.
81
Defence where confiscation lawful
(1)
This section applies where, as a disciplinary penalty—
(a)
an item which a pupil has with him or in his possessions is seized, and
25
(b)
the item is retained for any period or is disposed of.
(2)
A person who seizes, retains or disposes of the item is not liable in any
proceedings in respect of—
(a)
the seizure, retention or disposal (as the case may be), or
(b)
any damage or loss which arises in consequence of it,
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if he proves that the seizure, retention or disposal (as the case may be) was
lawful (whether or not by virtue of section 78).
(3)
Nothing in this section applies where an item is seized under section 550AA of
EA 1996 (provision as to what is to be done with such an item being made by
that section).
35
(4)
This section is not to be construed as preventing any person relying on any
defence on which he is entitled to rely apart from this section.
Interpretation of Chapter 1
82
Interpretation of Chapter 1
In this Chapter—
40
“disciplinary penalty” has the meaning given by section 77;
“member of the staff”, in relation to a school, means—

Education and Inspections Bill
Part 7 — Discipline, behaviour and exclusion
Chapter 2 — Parental responsibilities and excluded pupils
64

(a)
any teacher who works at the school, and
(b)
any other person who, with the authority of the head teacher,
has lawful control or charge of pupils for whom education is
being provided at the school;
“possessions”, in relation to a pupil, includes any goods over which he
5
appears to have control.
Repeals
83
Repeals consequential on provisions of Chapter 1
The following provisions (which are superseded by sections 75 to 80) cease to
have effect—
10
(a)
sections 550A and 550B of EA 1996;
(b)
section 61 of SSFA 1998.
Chapter 2
Parental responsibilities and excluded pupils
Parenting contracts and parenting orders
15
84
Parenting contracts
(1)
Section 19 of the Anti-social Behaviour Act 2003 (c. 38) (parenting contracts in
cases of exclusion from school or truancy) is amended as follows.
(2)
After subsection (1) insert—
“(1A)
This section also applies where a local education authority or the
20
governing body of a relevant school have reason to believe that a child
who is a registered pupil at a relevant school has engaged in behaviour
connected with the school which—
(a)
has caused, or is likely to cause—
(i)
significant disruption to the education of other pupils,
25
or
(ii)
significant detriment to the welfare of the child himself
or of other pupils or to the health or safety of any staff, or
(b)
forms part of a pattern of behaviour which (if continued) will
give rise to a risk of future exclusion from the school on
30
disciplinary grounds.
(1B)
For the purposes of subsection (1A) the child’s behaviour is connected
with the school to the extent that it consists of—
(a)
conduct at the school, or
(b)
conduct elsewhere in circumstances in which it would be
35
reasonable for the school to regulate his conduct.”
(3)
In subsection (6), after “subsection (1)” insert “or (1A)”.
(4)
In the heading to the section, and in the italic cross-heading immediately before
the section, for “exclusion from” substitute “misbehaviour at”.

Education and Inspections Bill
Part 7 — Discipline, behaviour and exclusion
Chapter 2 — Parental responsibilities and excluded pupils
65

85
Parenting orders in case of exclusion or misbehaviour
(1)
Section 20 of the Anti-social Behaviour Act 2003 (c. 38) (parenting orders in
case of exclusion from school) is amended as follows.
(2)
In subsection (1), for “This section” substitute “Subsection (2)”.
(3)
In subsection (2), for “A local education authority” substitute “A relevant
5
body”.
(4)
After subsection (2) insert—
“(2A)
A relevant body may also apply to a magistrates’ court for a parenting
order in respect of a pupil at a relevant school if—
(a)
it appears to the body making the application that the pupil has
10
engaged in behaviour which would warrant the exclusion of the
pupil from the school on disciplinary grounds for a fixed period
or permanently, and
(b)
such conditions as may be prescribed in regulations made by
the appropriate person are satisfied.
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(2B)
For the purposes of subsection (2A), there are to be disregarded—
(a)
any practice restricting the use of exclusion at a particular
school, or at schools of a particular description, and
(b)
any grounds that might exist for not excluding the pupil, to the
extent that those grounds relate to his education or welfare after
20
exclusion.”
(5)
For subsection (3) substitute—
“(3)
If an application is made under subsection (2) or (2A), the court may
make a parenting order in respect of a pupil if it is satisfied—
(a)
in the case of an application under subsection (2A), that the
25
pupil has engaged in behaviour of the kind mentioned in that
subsection, and
(b)
in any case, that the making of the order would be desirable in
the interests of improving the behaviour of the pupil.”
(6)
After subsection (8) insert—
30
“(9)
In this section “a relevant body” means—
(a)
a local education authority,
(b)
the governing body of any relevant school in England at which
the pupil to whom the application relates is a pupil or from
which he has been excluded.”
35
(7)
In the heading, after “exclusion” insert “or potential exclusion”.
86
Parenting contracts and parenting orders: further provisions
(1)
The Anti-social Behaviour Act 2003 is amended as follows.
(2)
In section 21 (parenting orders: supplemental)—
(a)
in subsection (1)(a), after “subsection (1)” insert “or (1A)”,
40
(b)
after subsection (1) insert—
“(1A)
In deciding whether to make a parenting order under section
20, a court must also take into account any failure by the parent

Education and Inspections Bill
Part 7 — Discipline, behaviour and exclusion
Chapter 2 — Parental responsibilities and excluded pupils
66

without reasonable excuse to attend a reintegration interview
under section 89 of the Education and Inspections Act 2006
(reintegration interview in case of fixed period exclusion) when
requested to do so in accordance with regulations under that
section.”,
5
(c)
omit subsection (4), and
(d)
in subsection (5), after “authorities,” insert “governing bodies”.
(3)
After section 22 insert—
“22A
Parenting contracts and parenting orders: further provisions
(1)
The appropriate person may by regulations make further provision
10
about the exercise by local education authorities and the governing
bodies of relevant schools of their functions relating to—
(a)
parenting contracts under section 19, and
(b)
parenting orders under section 20.
(2)
The provision that may be made under subsection (1) includes—
15
(a)
provision limiting the power of a local education authority to
enter into a parenting contract, or apply for a parenting order,
in prescribed cases where—
(i)
the school by reference to which the contract is entered
into or the application is made is not in the area of the
20
authority, or
(ii)
the child by reference to whom the contract is entered
into or the application is made does not reside in that
area;
(b)
provision as to which governing body may apply for a
25
parenting order in cases where a pupil has been admitted to a
relevant school after being permanently excluded from another;
(c)
provision requiring one local education authority or governing
body to consult with another before taking any prescribed step;
(d)
provision authorising or requiring the provision of information
30
by one local education authority or governing body to another;
(e)
provision as to how the costs associated with parenting
contracts entered into by local education authorities or
governing bodies of relevant schools or the costs associated
with the requirements of parenting orders under section 20
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(including in each case the costs of providing counselling or
guidance programmes) are to be met.”
(4)
In section 24 (interpretation)—
(a)
for “sections 19 to 21” substitute “sections 19 to 22A”, and
(b)
after the definition of “child of compulsory school age” insert—
40
“ “governing body”, in relation to a relevant school which
is an Academy, a city technology college or a city college
for the technology of the arts, means the proprietor of
the school, as defined by section 579(1) of the 1996 Act;”.