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Education and Inspections Bill


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

70

 

90      

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.

15

(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

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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

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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”.

91      

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

71

 

without reasonable excuse to attend a reintegration interview

under section 94 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

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;”.

 
 

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

72

 

Excluded pupils

92      

Duty of governing body or proprietor where pupil excluded for fixed period

(1)   

Except in prescribed cases, the governing body of a relevant school in England

must make arrangements for the provision of suitable full-time education for

pupils of compulsory school age who are excluded from the school for a fixed

5

period on disciplinary grounds.

(2)   

The education referred to in subsection (1) must be provided from a day that,

in relation to the pupil concerned, is determined in accordance with

regulations.

(3)   

The education must not be provided at the school unless it is provided there in

10

pursuance of arrangements which—

(a)   

are made jointly with the governing body of at least one other relevant

school, and

(b)   

make provision for the education of pupils excluded on disciplinary

grounds from any of the schools that are parties to the arrangements.

15

(4)   

In determining what arrangements to make under subsection (1) in the case of

any pupil, a governing body must have regard to any guidance given from

time to time by the Secretary of State.

(5)   

In this section—

“governing body”, in relation to a relevant school which is an Academy, a

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city technology college or a city college for the technology of the arts,

means proprietor;

“prescribed” means prescribed by regulations;

“regulations” means regulations made by the Secretary of State;

“relevant school” does not include a pupil referral unit;

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“suitable full-time education”, in relation to a pupil, means efficient full-

time education suitable to his age, ability and aptitude and to any

special educational needs he may have.

93      

Duty of local education authority in relation to excluded pupils

(1)   

Section 19 of EA 1996 (exceptional provision of education in pupil referral units

30

or elsewhere) is amended as follows.

(2)   

After subsection (3) insert—

“(3A)   

In relation to England, the duty imposed by subsection (1) includes,

except in prescribed cases, a duty to make arrangements for the

provision of suitable full-time education at school or otherwise than at

35

school for—

(a)   

children of compulsory school age who have been permanently

excluded on disciplinary grounds from relevant schools or

pupil referral units, and have not subsequently been admitted

to schools other than pupil referral units, and

40

(b)   

children of compulsory school age who are excluded for a fixed

period on disciplinary grounds from any pupil referral unit

maintained by the authority.

 
 

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

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(3B)   

The education referred to in subsection (3A) must be provided from a

day that, in relation to the pupil concerned, is determined in accordance

with regulations.”

(3)   

For subsection (6) substitute—

“(6)   

In this section—

5

“relevant school” means—

(a)   

a maintained school,

(b)   

an Academy,

(c)   

a city technology college, or

(d)   

a city college for the technology of the arts;

10

“suitable education”, in relation to a child or young person, means

efficient education suitable to his age, ability and aptitude and

to any special educational needs he may have (and “suitable

full-time education” is to be read accordingly).”

94      

Reintegration interviews

15

(1)   

Regulations may require the head teacher of a relevant school in prescribed

cases to request any parent of a temporarily excluded pupil to attend an

interview (“a reintegration interview”) at the school with the head teacher of

the school or any other person authorised by the head teacher.

(2)   

The purpose of a reintegration interview is to assist the reintegration of the

20

pupil after the period of exclusion and to promote the improvement of his

behaviour.

(3)   

Regulations under this section may make provision about the time within

which any reintegration interview must be held, the procedure for arranging

the interview and the notification of any request to the parent.

25

(4)   

In this section—

“prescribed” means prescribed by regulations;

“regulations” means regulations made—

(a)   

in relation to England, by the Secretary of State, or

(b)   

in relation to Wales, by the Assembly;

30

“a temporarily excluded pupil” means a pupil who is or has been

excluded on disciplinary grounds for a fixed period.

95      

Duty of parent in relation to excluded pupil

(1)   

This section applies where—

(a)   

a pupil of compulsory school age (“the excluded pupil”) is excluded on

35

disciplinary grounds from a relevant school in England, whether for a

fixed period or permanently, and

(b)   

notice under section 96 has been given to a parent of the pupil.

(2)   

The parent of the excluded pupil must ensure that the pupil is not present in a

public place at any time during school hours on a day which—

40

(a)   

is one of the first five school days to which the exclusion mentioned in

subsection (1)(a) relates or, where that exclusion is for a fixed period of

five days or less, any of the days to which the exclusion relates, and

 
 

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

74

 

(b)   

is stated in the notice under section 96 to be a day on which the parent

is subject to this subsection.

(3)   

If the excluded pupil is present in a public place at any time during school

hours on a school day falling within subsection (2), the parent commits an

offence unless the parent has a reasonable justification for failing to comply

5

with the duty imposed by that subsection.

(4)   

A person guilty of an offence under subsection (3) is liable on summary

conviction to a fine not exceeding level 3 on the standard scale.

(5)   

Proceedings for an offence under subsection (3) may not be instituted except

by a local education authority.

10

(6)   

Where the excluded pupil is excluded during the course of a school day but

before the beginning of any afternoon session on that day, that day is to be

treated for the purposes of subsection (2)(a) as the first day to which the

exclusion relates.

(7)   

In this section—

15

“parent”, in relation to a pupil, does not include any person who is not an

individual;

“public place” means—

(a)   

any highway, and

(b)   

any place to which at the material time the public or any section

20

of the public have access, on payment or otherwise, as of right

or by virtue of express or implied permission;

“school hours” means the school hours of the relevant school from which

the pupil has been excluded.

96      

Notice to parent relating to excluded pupil

25

(1)   

The head teacher of a relevant school in England, on excluding from the school

a pupil of compulsory school age, must give the parent by the prescribed time

a notice in writing complying with subsections (2) and (3) and containing such

other information as may be prescribed.

(2)   

Where the appropriate authority are or will be obliged under the relevant

30

enactment to make arrangements for the provision of full-time education for

the excluded pupil during his exclusion, or intend to do so without being so

obliged, the notice must specify the first day on which full-time education is to

be provided for the excluded pupil.

(3)   

The notice must specify as days on which the parent is to be subject to section

35

95(2) each school day beginning with the first school day to which the

exclusion relates and ending with the earliest of the following—

(a)   

where a day is specified under subsection (2), the school day preceding

that day,

(b)   

the fifth school day to which the exclusion relates, and

40

(c)   

the last school day to which the exclusion relates.

(4)   

Subsection (6) of section 95 applies for the purposes of subsection (3) as it

applies for the purposes of subsection (2)(a) of that section.

(5)   

Where the appropriate authority are a local education authority, they must

provide the head teacher with such information as will enable the head teacher

45

to give a notice complying with subsection (2).

 
 

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

75

 

(6)   

Section 572 of EA 1996, which provides for the methods by which notices may

be served under that Act, does not preclude a notice under this section from

being given to the parent of the excluded pupil by any effective method.

(7)   

Regulations may enable a notice under this section to be combined with a

notice required by virtue of section 52(3)(a) of EA 2002 (which relates to the

5

exclusion of pupils from maintained schools).

(8)   

In this section—

“the appropriate authority” means—

(a)   

in the case of a permanent exclusion or an exclusion from a

pupil referral unit, a local education authority,

10

(b)   

in the case of an exclusion for a fixed period from a maintained

school, the governing body of the school, and

(c)   

in the case of an exclusion for a fixed period from a relevant

school which is an Academy, a city technology college or a city

college for the technology of the arts, the proprietor of the

15

school;

“prescribed” means prescribed by regulations;

“regulations” means regulations made by the Secretary of State;

“the relevant enactment” means—

(a)   

where the appropriate authority is a local education authority,

20

section 19 of EA 1996, and

(b)   

in any other case, section 92 of this Act.

97      

Penalty notice in respect of presence of excluded pupil in public place

(1)   

Where an authorised officer has reason to believe that a person has committed

an offence under section 95(3), he may give the person a penalty notice in

25

respect of the offence.

(2)   

A penalty notice is a notice offering the person the opportunity of discharging

any liability to conviction for the offence under section 95(3) to which the notice

relates by payment of a penalty in accordance with the notice.

(3)   

Where a person is given a penalty notice, proceedings for the offence to which

30

the notice relates may not be instituted before the end of such period as may be

prescribed.

(4)   

Where a person is given a penalty notice, he cannot be convicted of the offence

to which the notice relates if he pays a penalty in accordance with the notice.

(6)   

Sums received by a local education authority under this section may be used

35

by the authority for the purposes of any of their functions which may be

specified in regulations but, to the extent that they are not so used, must be

paid in accordance with regulations to the Secretary of State.

(7)   

In this section—

“authorised officer” means—

40

(a)   

a constable,

(b)   

an officer of a local education authority in England who is

authorised by the authority to give penalty notices, or

(c)   

an authorised staff member;

“authorised staff member” means—

45

(a)   

a head teacher of a relevant school in England, or

 
 

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

76

 

(b)   

a member of the staff of a relevant school in England who is

authorised by the head teacher of the school to give penalty

notices;

“regulations” means regulations made by the Secretary of State.

98      

Penalty notices: supplemental

5

(1)   

Regulations may make—

(a)   

provision as to the form and content of penalty notices;

(b)   

provision as to the monetary amount of any penalty and the time by

which it is to be paid;

(c)   

provision for determining the local education authority to whom a

10

penalty is payable;

(d)   

provision as to the methods by which penalties may be paid;

(e)   

provision as to the records which are to be kept in relation to penalty

notices;

(f)   

provision as to the persons who may be authorised by a local education

15

authority or a head teacher to give penalty notices;

(g)   

provision limiting the circumstances in which authorised officers of a

prescribed description may give penalty notices;

(h)   

provision for or in connection with the withdrawal, in prescribed

circumstances, of a penalty notice, including—

20

(i)   

repayment of any amount by way of penalty under a penalty

notice which is withdrawn, and

(ii)   

prohibition of the institution or continuation of proceedings for

the offence to which the withdrawn notice relates;

(i)   

provision for a certificate—

25

(i)   

purporting to be signed by or on behalf of a prescribed person,

and

(ii)   

stating that payment of any amount paid by way of penalty was

or, as the case may be, was not received on or before a date

specified in the certificate,

30

   

to be received in evidence of the matters so stated;

(j)   

provision as to the action to be taken if a penalty is not paid in

accordance with a penalty notice;

(k)   

provision for or in connection with the preparation of codes of conduct

in relation to the giving of penalty notices;

35

(l)   

such other provision in relation to penalties or penalty notices as the

Secretary of State thinks necessary or expedient.

(2)   

Without prejudice to the generality of subsection (1) or section 164(2)(a),

regulations under subsection (1)(b) may make provision for penalties of

different amounts to be payable in different cases (including provision for the

40

penalty payable under a penalty notice to differ according to the time by which

it is paid).

(3)   

Local education authorities, head teachers and authorised officers must, in

carrying out their functions in relation to penalty notices, have regard to any

guidance which is given by the Secretary of State from time to time in relation

45

to penalty notices.

(4)   

In this section —

“penalty” means a penalty under a penalty notice;

 
 

 
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