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 1 — School Discipline
71

88
Determination by head teacher of behaviour policy
(1)
The head teacher of a relevant school must determine measures to be taken
with a view to—
(a)
promoting, among pupils, self-discipline and proper regard for
authority,
5
(b)
encouraging good behaviour and respect for others on the part of
pupils and, in particular, preventing all forms of bullying among
pupils,
(c)
securing that the standard of behaviour of pupils is acceptable,
(d)
securing that pupils complete any tasks reasonably assigned to them in
10
connection with their education, and
(e)
otherwise regulating the conduct of pupils.
(2)
The head teacher must in determining such measures—
(a)
act in accordance with the current statement made by the governing
body under section 87(2)(a), and
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(b)
have regard to any notification or guidance given to him under section
87(2)(b).
(3)
The standard of behaviour which is to be regarded as acceptable must be
determined by the head teacher, so far as it is not determined by the governing
body.
20
(4)
The measures which the head teacher determines under subsection (1) must
include the making of rules and provision for disciplinary penalties (as defined
by section 89).
(5)
The measures which the head teacher determines under subsection (1) may, to
such extent as is reasonable, include measures to be taken with a view to
25
regulating the conduct of pupils at a time when they are not on the premises of
the school and are not under the lawful control or charge of a member of the
staff of the school.
(6)
The measures determined by the head teacher under subsection (1) must be
publicised by him in the form of a written document as follows—
30
(a)
he must make the measures generally known within the school and to
parents of registered pupils at the school, and
(b)
he must in particular, at least once in every school year, take steps to
bring them to the attention of all such pupils and parents and all
persons who work at the school (whether or not for payment).
35
Enforcement of discipline (including compliance with instructions)
89
Meaning of “disciplinary penalty”
(1)
In this Chapter, “disciplinary penalty” means a penalty imposed on a pupil, by
any school at which education is provided for him, where his conduct falls
below the standard which could reasonably be expected of him (whether
40
because he fails to follow a rule in force at any such school or an instruction
given to him by a member of its staff or for any other reason).
(2)
In subsection (1), the reference to conduct, in relation to a pupil, includes—
(a)
conduct which occurs at a time when the pupil is not on the premises
of a school and is not under the lawful control or charge of a member of
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Education and Inspections Bill
Part 7 — Discipline, behaviour and exclusion
Chapter 1 — School Discipline
72

the staff of a school, but only to the extent that it is reasonable for the
school imposing the penalty to regulate the pupil’s conduct at such a
time, and
(b)
conduct which consists of a failure by the pupil to comply with a
penalty previously imposed on him.
5
90
Enforcement of disciplinary penalties: general
(1)
This section applies in relation to a disciplinary penalty imposed on a pupil by
any school at which education is provided for him, other than a penalty which
consists of exclusion.
(2)
The imposition of the disciplinary penalty is lawful if the following three
10
conditions are satisfied.
(3)
The first condition is that the imposition of the penalty on the pupil—
(a)
is not in breach of any statutory requirement or prohibition, and
(b)
is reasonable in all the circumstances.
(4)
The second condition is that the decision to impose the penalty on the pupil
15
was made—
(a)
by any paid member of the staff of the school, except in circumstances
where the head teacher has determined that the member of staff is not
permitted to impose the penalty on the pupil, or
(b)
by any other member of the staff of the school, in circumstances where
20
the head teacher has authorised the member of the staff to impose the
penalty on the pupil and it was reasonable for the head teacher to do so.
(5)
The third condition is that the decision to impose the penalty was made, and
any action taken on behalf of the school to implement the decision was taken—
(a)
on the premises of the school, or
25
(b)
elsewhere at a time when the pupil was under the lawful control or
charge of a member of staff of the school.
(6)
In determining for the purposes of subsection (3)(b) whether the imposition of
the penalty is reasonable, the following matters must be taken into account—
(a)
whether the imposition of the penalty constitutes a proportionate
30
punishment in the circumstances of the case, and
(b)
any special circumstances relevant to its imposition on the pupil which
are known to the person imposing it (or of which he ought reasonably
to be aware) including in particular—
(i)
the pupil’s age,
35
(ii)
any special educational needs he may have,
(iii)
any disability he may have, and
(iv)
any religious requirements affecting him.
(7)
For the purposes of subsection (6)(b)(iii) a pupil has a disability if he has a
disability for the purposes of the Disability Discrimination Act 1995 (c. 50).
40
(8)
A determination or authorisation by the head teacher for the purpose of
subsection (4)(a) or (b) may be made—
(a)
in relation to a particular member of staff or members of staff of a
particular description;
(b)
in relation to a particular disciplinary penalty or disciplinary penalties
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of a particular description;

Education and Inspections Bill
Part 7 — Discipline, behaviour and exclusion
Chapter 1 — School Discipline
73

(c)
in relation to a particular pupil or pupils of a particular description or
generally in relation to pupils.
(9)
Where the disciplinary penalty is detention outside school sessions, this
section has effect subject to section 91.
(10)
Nothing in this section authorises anything to be done in relation to a pupil
5
which constitutes the giving of corporal punishment within the meaning of
section 548 of EA 1996.
(11)
This section is not to be construed as restricting what may lawfully be done
apart from this section.
(12)
In this section, “paid member of the staff”, in relation to a school, means any
10
member of the staff who works at the school for payment, whether under a
contract of employment or a contract for services; and, for this purpose, it is
immaterial whether the contract of employment or contract for services is
made with the governing body or proprietor of the school or with any other
person.
15
91
Enforcement of disciplinary penalties: detention outside school sessions
(1)
This section applies in relation to a disciplinary penalty which consists of the
detention of a pupil outside school sessions.
(2)
In relation to a disciplinary penalty to which this section applies, subsection (2)
of section 90 has effect as if it required the following additional conditions to
20
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
25
made generally known within the school and to parents of registered
pupils at the school, that the detention of pupils outside school sessions
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
30
(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)
The additional conditions set out in subsection (3)(a), (c) and (d) do not apply
in the case of a detention during a break between school sessions on the same
day.
35
(5)
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 90
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
40
travelling arrangements can reasonably be made by his parent to be taken into
account.
(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 subsection (3)(d)
from being given to the parent by any effective method.
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Education and Inspections Bill
Part 7 — Discipline, behaviour and exclusion
Chapter 1 — School Discipline
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(7)
This section is not to be construed as restricting what may lawfully be done
apart from this section.
(8)
In this section, “permitted day of detention”, in relation to a pupil, means any
of the following days—
(a)
a school day, other than a day on which the pupil has leave to be absent,
5
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
Sunday which falls during, or at a weekend immediately preceding or
immediately following, a half-term break;
10
(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
regulations made—
(i)
in relation to England, by the Secretary of State, and
15
(ii)
in relation to Wales, by the Assembly.
92
Power of members of staff to use force
(1)
A person to whom this section applies may use such force as is reasonable in
the circumstances for the purpose of preventing a pupil from doing (or
continuing to do) any of the following, namely—
20
(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
25
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
30
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
35
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
40
operation of any presumption that a person under a particular age is incapable
of committing an offence.
93
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
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Education and Inspections Bill
Part 7 — Discipline, behaviour and exclusion
Chapter 2 — Parental responsibilities and excluded pupils
75

(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,
5

if he proves that the seizure, retention or disposal (as the case may be) was
lawful (whether or not by virtue of section 90).
(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).
10
(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
94
Interpretation of Chapter 1
In this Chapter—
15
“disciplinary penalty” has the meaning given by section 89;
“member of the staff”, in relation to a school, means—
(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
20
being provided at the school;
“possessions”, in relation to a pupil, includes any goods over which he
appears to have control.
Repeals
95
Repeals consequential on provisions of Chapter 1
25
The following provisions (which are superseded by sections 87 to 92) cease to
have effect—
(a)
sections 550A and 550B of EA 1996;
(b)
section 61 of SSFA 1998.
Chapter 2
30
Parental responsibilities and excluded pupils
Parenting contracts and parenting orders
96
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.
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Education and Inspections Bill
Part 7 — Discipline, behaviour and exclusion
Chapter 2 — Parental responsibilities and excluded pupils
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(2)
After subsection (1) insert—
“(1A)
This section also applies where a local education authority or the
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—
5
(a)
has caused, or is likely to cause—
(i)
significant disruption to the education of other pupils,
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
10
(b)
forms part of a pattern of behaviour which (if continued) will
give rise to a risk of future exclusion from the school on
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—
15
(a)
conduct at the school, or
(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
20
the section, for “exclusion from” substitute “misbehaviour at”.
97
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)”.
25
(3)
In subsection (2), for “A local education authority” substitute “A relevant
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—
30
(a)
it appears to the body making the application that the pupil has
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
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the appropriate person are satisfied.
(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
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extent that those grounds relate to his education or welfare after
exclusion.”

Education and Inspections Bill
Part 7 — Discipline, behaviour and exclusion
Chapter 2 — Parental responsibilities and excluded pupils
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(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
pupil has engaged in behaviour of the kind mentioned in that
5
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—
“(9)
In this section “a relevant body” means—
10
(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.”
(7)
In the heading, after “exclusion” insert “or potential exclusion”.
15
98
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—
20
“(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 101 of the Education and Inspections Act 2006
(reintegration interview in case of fixed period exclusion) when
25
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—
30
“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
35
(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