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79 | Enforcement of disciplinary penalties: detention outside normal school hours |
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(1) | This section applies in relation to a disciplinary penalty which consists of the |
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detention of a pupil outside normal school hours. |
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(2) | In relation to a disciplinary penalty to which this section applies, subsection (2) |
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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 |
| |
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(3) | The additional conditions are— |
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(a) | that the pupil has not attained the age of 18, |
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(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 |
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hours is one of the measures that may be taken with a view to |
| |
regulating the conduct of pupils, |
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(c) | that the detention is on a permitted day of detention, and |
| 15 |
(d) | that the pupil’s parent has been given at least 24 hours’ notice in |
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writing that the detention is due to take place. |
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(4) | If arrangements have to be made for the pupil to travel to school for the |
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purposes of the detention or to travel home after the detention, then in |
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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 |
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section is to be read as if it also required the question whether suitable |
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travelling arrangements can reasonably be made by his parent to be taken into |
| |
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(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) |
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from being given to the parent by any effective method. |
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(6) | This section is not to be construed as restricting what may lawfully be done |
| |
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(7) | In this section, “permitted day of detention”, in relation to a pupil, means any |
| 30 |
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(a) | a school day, other than a day on which the pupil has leave to be absent, |
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and for this purpose “leave” means leave granted by a person |
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authorised to do so by the governing body or proprietor of the school; |
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(b) | a Saturday or Sunday during a school term, other than a Saturday or |
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Sunday which falls during, or at a weekend immediately preceding or |
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immediately following, a half-term break; |
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(c) | a day (whether or not during a school term) which is set aside wholly |
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or mainly for the performance of duties by members of the staff of the |
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school other than teaching, other than such a day which is excluded by |
| 40 |
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(i) | in relation to England, by the Secretary of State, and |
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(ii) | in relation to Wales, by the Assembly. |
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80 | Power of members of staff to use force |
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(1) | A person to whom this section applies may use such force as is reasonable in |
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the circumstances for the purpose of preventing a pupil from doing (or |
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continuing to do) any of the following, namely— |
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|
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|
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|
(a) | committing any offence, |
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(b) | causing personal injury to, or damage to the property of, any person |
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(including the pupil himself), or |
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(c) | prejudicing the maintenance of good order and discipline at the school |
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or among any pupils receiving education at the school, whether during |
| 5 |
a teaching session or otherwise. |
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(2) | This section applies to a person who is, in relation to a pupil, a member of the |
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staff of any school at which education is provided for the pupil. |
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(3) | The power conferred by subsection (1) may be exercised only where— |
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(a) | the member of the staff and the pupil are on the premises of the school |
| 10 |
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(b) | they are elsewhere and the member of the staff has lawful control or |
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charge of the pupil concerned. |
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(4) | Subsection (1) does not authorise anything to be done in relation to a pupil |
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which constitutes the giving of corporal punishment within the meaning of |
| 15 |
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(5) | The powers conferred by subsection (1) are in addition to any powers |
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exercisable apart from this section and are not to be construed as restricting |
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what may lawfully be done apart from this section. |
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(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 |
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of committing an offence. |
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81 | Defence where confiscation lawful |
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(1) | This section applies where, as a disciplinary penalty— |
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(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. |
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(2) | A person who seizes, retains or disposes of the item is not liable in any |
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proceedings in respect of— |
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(a) | the seizure, retention or disposal (as the case may be), or |
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(b) | any damage or loss which arises in consequence of it, |
| 30 |
| if he proves that the seizure, retention or disposal (as the case may be) was |
| |
lawful (whether or not by virtue of section 78). |
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(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 |
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| 35 |
(4) | This section is not to be construed as preventing any person relying on any |
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defence on which he is entitled to rely apart from this section. |
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Interpretation of Chapter 1 |
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82 | Interpretation of Chapter 1 |
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“disciplinary penalty” has the meaning given by section 77; |
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“member of the staff”, in relation to a school, means— |
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|
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|
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|
(a) | any teacher who works at the school, and |
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(b) | any other person who, with the authority of the head teacher, |
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has lawful control or charge of pupils for whom education is |
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being provided at the school; |
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“possessions”, in relation to a pupil, includes any goods over which he |
| 5 |
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83 | Repeals consequential on provisions of Chapter 1 |
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The following provisions (which are superseded by sections 75 to 80) cease to |
| |
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(a) | sections 550A and 550B of EA 1996; |
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(b) | section 61 of SSFA 1998. |
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Parental responsibilities and excluded pupils |
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Parenting contracts and parenting orders |
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(1) | Section 19 of the Anti-social Behaviour Act 2003 (c. 38) (parenting contracts in |
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cases of exclusion from school or truancy) is amended as follows. |
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(2) | After subsection (1) insert— |
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“(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 |
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who is a registered pupil at a relevant school has engaged in behaviour |
| |
connected with the school which— |
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(a) | has caused, or is likely to cause— |
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(i) | significant disruption to the education of other pupils, |
| 25 |
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(ii) | significant detriment to the welfare of the child himself |
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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 |
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give rise to a risk of future exclusion from the school on |
| 30 |
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(1B) | For the purposes of subsection (1A) the child’s behaviour is connected |
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with the school to the extent that it consists of— |
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(a) | conduct at the school, or |
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(b) | conduct elsewhere in circumstances in which it would be |
| 35 |
reasonable for the school to regulate his conduct.” |
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(3) | In subsection (6), after “subsection (1)” insert “or (1A)”. |
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(4) | In the heading to the section, and in the italic cross-heading immediately before |
| |
the section, for “exclusion from” substitute “misbehaviour at”. |
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|
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|
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85 | Parenting orders in case of exclusion or misbehaviour |
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(1) | Section 20 of the Anti-social Behaviour Act 2003 (c. 38) (parenting orders in |
| |
case of exclusion from school) is amended as follows. |
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(2) | In subsection (1), for “This section” substitute “Subsection (2)”. |
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(3) | In subsection (2), for “A local education authority” substitute “A relevant |
| 5 |
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(4) | After subsection (2) insert— |
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“(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— |
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(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 |
| |
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(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— |
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(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 |
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(5) | For subsection (3) substitute— |
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“(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 |
| |
| |
(b) | in any case, that the making of the order would be desirable in |
| |
the interests of improving the behaviour of the pupil.” |
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(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”. |
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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 |
| |
|
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|
| |
|
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 |
| |
| 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 |
| |
(ii) | the child by reference to whom the contract is entered |
| |
into or the application is made does not reside in that |
| |
| |
(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 |
| 35 |
(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;”. |
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|
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|