Education and Inspections Bill

House of Lords

Session 2005 - 06
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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

Interpretation of Chapter 1
88
Interpretation of Chapter 1
In this Chapter—
“disciplinary penalty” has the meaning given by section 83;
“member of the staff”, in relation to a school, means—
5
(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
10
appears to have control.
Repeals
89
Repeals consequential on provisions of Chapter 1
The following provisions (which are superseded by sections 81 to 86) cease to
have effect—
15
(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
20
90
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
25
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,
30
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
35
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

Education and Inspections Bill
Part 7 — Discipline, behaviour and exclusion
Chapter 2 — Parental responsibilities and excluded pupils
71

(b)
conduct elsewhere in circumstances in which it would be
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”.
5
91
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
10
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
15
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
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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
30
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—
35
“(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.”
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(7)
In the heading, after “exclusion” insert “or potential exclusion”.

Education and Inspections Bill
Part 7 — Discipline, behaviour and exclusion
Chapter 2 — Parental responsibilities and excluded pupils
72

92
Parenting contracts and parenting orders: further provisions
(1)
The Anti-social Behaviour Act 2003 (c. 38) is amended as follows.
(2)
In section 21 (parenting orders: supplemental)—
(a)
in subsection (1)(a), after “subsection (1)” insert “or (1A)”,
(b)
after subsection (1) insert—
5
“(1A)
In deciding whether to make a parenting order under section
20, a court must also take into account any failure by the parent
without reasonable excuse to attend a reintegration interview
under section 95 of the Education and Inspections Act 2006
(reintegration interview in case of fixed period exclusion) when
10
requested to do so in accordance with regulations under that
section.”,
(c)
omit subsection (4), and
(d)
in subsection (5), after “authorities,” insert “governing bodies”.
(3)
After section 22 insert—
15
“22A
Parenting contracts and parenting orders: further provisions
(1)
The appropriate person may by regulations make further provision
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
20
(b)
parenting orders under section 20.
(2)
The provision that may be made under subsection (1) includes—
(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—
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(i)
the school by reference to which the contract is entered
into or the application is made is not in the area of the
authority, or
(ii)
the child by reference to whom the contract is entered
into or the application is made does not reside in that
30
area;
(b)
provision as to which governing body may apply for a
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
35
body to consult with another before taking any prescribed step;
(d)
provision authorising or requiring the provision of information
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
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governing bodies of relevant schools or the costs associated
with the requirements of parenting orders under section 20
(including in each case the costs of providing counselling or
guidance programmes) are to be met.
(3)
In subsection (2), “prescribed” means prescribed by regulations made
45
by the appropriate person under subsection (1).”
(4)
In section 24 (interpretation)—

Education and Inspections Bill
Part 7 — Discipline, behaviour and exclusion
Chapter 2 — Parental responsibilities and excluded pupils
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(a)
for “sections 19 to 21” substitute “sections 19 to 22A”, and
(b)
after the definition of “child of compulsory school age” insert—
““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
5
the school, as defined by section 579(1) of the 1996 Act;”.
Excluded pupils
93
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
10
pupils of compulsory school age who are excluded from the school for a fixed
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.
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(3)
The education must not be provided at the school unless it is provided there in
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
20
grounds from any of the schools that are parties to the arrangements.
(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—
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“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 proprietor;
“prescribed” means prescribed by regulations;
“regulations” means regulations made by the Secretary of State;
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“relevant school” does not include a pupil referral unit;
“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.
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Duty of local education authority in relation to excluded pupils
35
(1)
Section 19 of EA 1996 (exceptional provision of education in pupil referral units
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
40
provision of suitable full-time education at school or otherwise than at
school for—
(a)
children of compulsory school age who have been permanently
excluded on disciplinary grounds from relevant schools or

Education and Inspections Bill
Part 7 — Discipline, behaviour and exclusion
Chapter 2 — Parental responsibilities and excluded pupils
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pupil referral units, and have not subsequently been admitted
to schools other than pupil referral units, and
(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.
5
(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—
10
“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;
15
“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).”
95
Reintegration interviews
20
(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
25
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.
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(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;
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“a temporarily excluded pupil” means a pupil who is or has been
excluded on disciplinary grounds for a fixed period.
96
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
40
disciplinary grounds from a relevant school in England, whether for a
fixed period or permanently, and
(b)
notice under section 97 has been given to a parent of the pupil.

Education and Inspections Bill
Part 7 — Discipline, behaviour and exclusion
Chapter 2 — Parental responsibilities and excluded pupils
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(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—
(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
5
(b)
is stated in the notice under section 97 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.
10
(4)
It is a defence for a person charged with an offence under subsection (3) to
prove that he had a reasonable justification for his failure to comply with the
duty imposed by subsection (2).
(5)
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.
15
(6)
Proceedings for an offence under subsection (3) may not be instituted except
by a local education authority.
(7)
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
20
exclusion relates.
(8)
In this section—
“parent”, in relation to a pupil, does not include any person who is not an
individual;
“public place” means—
25
(a)
any highway, and
(b)
any place to which at the material time the public or any section
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
30
the pupil has been excluded.
97
Notice to parent relating to excluded pupil
(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
35
other information as may be prescribed.
(2)
Where the appropriate authority are or will be obliged under the relevant
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
40
be provided for the excluded pupil.
(3)
The notice must specify as days on which the parent is to be subject to section
96(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
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that day,

Education and Inspections Bill
Part 7 — Discipline, behaviour and exclusion
Chapter 2 — Parental responsibilities and excluded pupils
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(b)
the fifth school day to which the exclusion relates, and
(c)
the last school day to which the exclusion relates.
(4)
Subsection (7) of section 96 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
5
provide the head teacher with such information as will enable the head teacher
to give a notice complying with subsection (2).
(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.
10
(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
exclusion of pupils from maintained schools).
(8)
In this section—
“the appropriate authority” means—
15
(a)
in the case of a permanent exclusion or an exclusion from a
pupil referral unit, a local education authority,
(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
20
school which is an Academy, a city technology college or a city
college for the technology of the arts, the proprietor of the
school;
“prescribed” means prescribed by regulations;
“regulations” means regulations made by the Secretary of State;
25
“the relevant enactment” means—
(a)
where the appropriate authority is a local education authority,
section 19 of EA 1996, and
(b)
in any other case, section 93 of this Act.
98
Penalty notice in respect of presence of excluded pupil in public place
30
(1)
Where an authorised officer has reason to believe that a person has committed
an offence under section 96(3), he may give the person a penalty notice in
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 96(3) to which the notice
35
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
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
40
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
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.
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