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Anti-social Behaviour Act 2003

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Truancy and [F1misbehaviour at] schoolE+W

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Amendments (Textual)

F1Words in s. 19 cross-heading substituted (1.9.2007 for E., 31.10.2010 for W.) by Education and Inspections Act 2006 (c. 40), ss. 97(4), 188(3); S.I. 2007/1801, art. 3(c); S.I. 2010/2543, art. 2(g)

19Parenting contracts in cases of [F2misbehaviour at] school or truancyE+W

(1)This section applies where a pupil has been excluded on disciplinary grounds from a relevant school for a fixed period or permanently.

[F3(1A)This section also applies where a [F4local 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—

(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

(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—

(a)conduct at the school, or

(b)conduct elsewhere in circumstances in which it would be reasonable for the school to regulate his conduct.]

(2)This section also applies where a child of compulsory school age has failed to attend regularly at —

[F5(a)a relevant school at which he is a registered pupil,

(b)any place at which education is provided for him in the circumstances mentioned in subsection (1) [F6or (1A)] of section 444ZA of the Education Act 1996, and

(c)any place at which he is required to attend in the circumstances mentioned in subsection [F7(1B) or] (2) of that section.]

(3)A [F4local authority] or the governing body of a relevant school may enter into a parenting contract with a parent of the pupil or child.

(4)A parenting contract is a document which contains—

(a)a statement by the parent that he agrees to comply with such requirements as may be specified in the document for such period as may be so specified, and

(b)a statement by the [F4local authority] or governing body that it agrees to provide support to the parent for the purpose of complying with those requirements.

(5)The requirements mentioned in subsection (4) may include (in particular) a requirement to attend a counselling or guidance programme.

(6)The purpose of the requirements mentioned in subsection (4)—

(a)in a case falling within subsection (1) [F8or (1A)], is to improve the behaviour of the pupil,

(b)in a case falling within subsection (2), is to ensure that the child attends regularly at the relevant school at which he is a registered pupil.

(7)A parenting contract must be signed by the parent and signed on behalf of the [F4local authority] or governing body.

(8)A parenting contract does not create any obligations in respect of whose breach any liability arises in contract or in tort.

(9)[F4local authorities] and governing bodies of relevant schools must, in carrying out their functions in relation to parenting contracts, have regard to any guidance which is issued by the appropriate person from time to time for that purpose.

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Amendments (Textual)

F2Words in s. 19 heading substituted (1.9.2007 for E., 31.10.2010 for W.) by Education and Inspections Act 2006 (c. 40), ss. 97(4), 188(3); S.I. 2007/1801, art. 3(c); S.I. 2010/2543, art. 2(g)

F3S. 19(1A)(1B) inserted (1.9.2007 for E., 31.10.2010 for W.) by Education and Inspections Act 2006 (c. 40), ss. 97(2), 188(3); S.I. 2007/1801, art. 3(c); S.I. 2010/2543, art. 2(g)

F5S. 19(2)(a)-(c) substituted for words in (2) (1.9.2005 for E., 1.9.2006 for W.) by Education Act 2005 (c. 18), s. 125(4), Sch. 18 para. 15 (with s. 119); S.I. 2005/2034, art. 4; S.I 2006/1338, art. 3, Sch. 1

F8Words in s. 19(6) substituted (1.9.2007 for E., 31.10.2010 for W.) by Education and Inspections Act 2006 (c. 40), ss. 97(3), 188(3); S.I. 2007/1801, art. 3(c); S.I. 2010/2543, art. 2(g)

Commencement Information

I1S. 19 in force at 27.2.2004 for E. by S.I. 2003/3300, art. 4(a)

I2S. 19 in force at 11.5.2006 for W. by S.I. 2006/1278, art. 2

20Parenting orders in cases of exclusion [F9or potential exclusion] from schoolE+W

(1)[F10Subsection (2)] applies where—

(a)a pupil has been excluded on disciplinary grounds from a relevant school for a fixed period or permanently, and

(b)such conditions as may be prescribed in regulations made by the appropriate person are satisfied.

(2)[F11A relevant body] may apply to a magistrates' court for a parenting order in respect of a parent of the pupil.

[F12(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 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.

(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 exclusion.]

[F13(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 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.]

(4)A parenting order is an order which requires the parent—

(a)to comply, for a period not exceeding twelve months, with such requirements as are specified in the order, and

(b)subject to subsection (5), to attend, for a concurrent period not exceeding three months, such counselling or guidance programme as may be specified in directions given by the responsible officer.

(5)A parenting order under this section may, but need not, include a requirement mentioned in subsection (4)(b) in any case where a parenting order under this section or any other enactment has been made in respect of the parent on a previous occasion.

(6)A counselling or guidance programme which a parent is required to attend by virtue of subsection (4)(b) may be or include a residential course but only if the court is satisfied that the following two conditions are fulfilled.

(7)The first condition is that the attendance of the parent at a residential course is likely to be more effective than his attendance at a non-residential course in improving the behaviour of the pupil.

(8)The second condition is that any interference with family life which is likely to result from the attendance of the parent at a residential course is proportionate in all the circumstances.

[F14(9)In this section “a relevant body” means—

(a)a [F4local 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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Amendments (Textual)

F9Words in s. 20 heading inserted (1.9.2007 for E., 31.10.2010 for W. for specified purposes and 5.1.2011 so far as not already in force) by Education and Inspections Act 2006 (c. 40), ss. 98(7), 188(3); S.I. 2007/1801, art. 3(c); S.I. 2010/2543, arts. 2(h), 3(a)

F10Words in s. 20(1) substituted (1.9.2007 for E., 31.10.2010 for W. for specified purposes and 5.1.2011 so far as not already in force) by Education and Inspections Act 2006 (c. 40), ss. 98(2), 188(3); S.I. 2007/1801, art. 3(c); S.I. 2010/2543, arts. 2(h), 3(a)

F11Words in s. 20(2) substituted (1.9.2007 for E., 31.10.2010 for W. for specified purposes and 5.1.2011 so far as not already in force) by Education and Inspections Act 2006 (c. 40), ss. 98(3), 188(3); S.I. 2007/1801, art. 3(c); S.I. 2010/2543, arts. 2(h), 3(a)

F12S. 20(2A)(2B) inserted (1.9.2007 for E., 31.10.2010 for W. for specified purposes and 5.1.2011 so far as not already in force) by Education and Inspections Act 2006 (c. 40), ss. 98(4), 188(3); S.I. 2007/1801, art. 3(c); S.I. 2010/2543, arts. 2(h), 3(a)

F13S. 20(3) substituted (1.9.2007 for E., 31.10.2010 for W. for specified purposes and 5.1.2011 so far as not already in force) by Education and Inspections Act 2006 (c. 40), ss. 98(5), 188(3); S.I. 2007/1801, art. 3(c); S.I. 2010/2543, arts. 2(h), 3(a)

F14S. 20(9) inserted (1.9.2007 for E., 31.10.2010 for W. for specified purposes and 5.1.2011 so far as not already in force) by Education and Inspections Act 2006 (c. 40), ss. 98(6), 188(3); S.I. 2007/1801, art. 3(c); S.I. 2010/2543, arts. 2(h), 3(a)

Commencement Information

I3S. 20 in force at 27.2.2004 for E. by S.I. 2003/3300, art. 4(b)

I4S. 20 in force at 11.5.2006 for W. by S.I. 2006/1278, art. 2

21Parenting orders: supplementalE+W

(1)In deciding whether to make a parenting order under section 20, a court must take into account (amongst other things)—

(a)any refusal by the parent to enter into a parenting contract under section 19 in respect of the pupil in a case falling within subsection (1) [F15or (1A)] of that section, or

(b)if the parent has entered into such a parenting contract, any failure by the parent to comply with the requirements specified in the contract.

[F16(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 102 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.]

(2)Before making a parenting order under section 20 in the case of a pupil under the age of 16, a court must obtain and consider information about the pupil’s family circumstances and the likely effect of the order on those circumstances.

(3)Subsections (3) to (7) of section 9 of the Crime and Disorder Act 1998 (c. 37) (supplemental provisions about parenting orders) are to apply in relation to a parenting order under section 20 as they apply in relation to a parenting order under section 8 of that Act.

F17(4). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(5)[F4local authorities] ,[F18governing bodies] head teachers and responsible officers must, in carrying out their functions in relation to parenting orders, have regard to any guidance which is issued by the appropriate person from time to time for that purpose.

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Amendments (Textual)

F15Words in s. 21(1)(a) inserted (1.9.2007 for E., 31.10.2010 for W. for specified purpose and 5.1.2011 so far as not already in forces) by Education and Inspections Act 2006 (c. 40), ss. 99(2)(a), 188(3); S.I. 2007/1801, art. 3(c); S.I. 2010/2543, arts. 2(h), 3(a)

F16S. 21(1A) inserted (1.9.2007 for E., 31.10.2010 for W. for specified purposes and 5.1.2011 so far as not already in force) by Education and Inspections Act 2006 (c. 40), ss. 99(2)(b), 188(3); S.I. 2007/1801, art. 3(c); S.I. 2010/2543, arts. 2(h), 3(a)

F17S. 21(4) repealed (1.9.2007 for E., 31.10.2010 for W. for specified purposes and 5.1.2011 so far as not already in force) by Education and Inspections Act 2006 (c. 40), ss. 99(2)(c), 188(3), Sch. 18 Pt. 6; S.I. 2007/1801, art. 3(c)(h) (with art. 5(2)); S.I. 2010/2543, arts. 2(h), 3(a)

F18Words in s. 21(5) inserted (1.9.2007 for E., 31.10.2010 for W. for specified purposes and 5.1.2011 so far as not already in force) by Education and Inspections Act 2006 (c. 40), ss. 99(2)(d), 188(3); S.I. 2007/1801, art. 3(c); S.I. 2010/2543, arts. 2(h), 3(a)

Commencement Information

I5S. 21 in force at 27.2.2004 for E. by S.I. 2003/3300, art. 4(c)

I6S. 21 in force at 11.5.2006 for W. by S.I. 2006/1278, art. 2

22Parenting orders: appealsE+W

(1)An appeal lies to the Crown Court against the making of a parenting order under section 20.

(2)Subsections (2) and (3) of section 10 of the Crime and Disorder Act 1998 (appeals against parenting orders) are to apply in relation to an appeal under this section as they apply in relation to an appeal under subsection (1)(b) of that section.

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Commencement Information

I7S. 22 in force at 27.2.2004 for E. by S.I. 2003/3300, art. 4(d)

I8S. 22 in force at 11.5.2006 for W. by S.I. 2006/1278, art. 2

[F1922AParenting contracts and parenting orders: further provisionsE+W

(1)The appropriate person may by regulations make further provision about the exercise by [F20local 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—

(a)provision limiting the power of a [F20local 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 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 parenting order in cases where a pupil has been admitted to a relevant school after being permanently excluded from another;

(c)provision requiring one [F20local authority] or governing body to consult with another before taking any prescribed step;

(d)provision authorising or requiring the provision of information by one [F20local authority] or governing body to another;

(e)provision as to how the costs associated with parenting contracts entered into by [F20local authorities] or 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 by the appropriate person under subsection (1).]

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Amendments (Textual)

F19S. 22A inserted (1.9.2007 for E., 31.10.2010 for W. for specified purposes and 5.1.2011 so far as not already in force) by Education and Inspections Act 2006 (c. 40), ss. 99(3), 188(3); S.I. 2007/1801, art. 3(c); S.I. 2010/2543, arts. 2(h), 3(a)

23Penalty notices for parents in cases of truancyE+W

(1)After section 444 of the Education Act 1996 (c. 56) (failure to secure regular attendance at school of registered pupil) insert—

444APenalty notice in respect of failure to secure regular attendance at school of registered pupil

(1)Where an authorised officer has reason to believe—

(a)that a person has committed an offence under section 444(1), and

(b)that the school to which the offence relates is a relevant school in England,

he may give the person a penalty notice in respect of the offence.

(2)A penalty notice is a notice offering a person the opportunity of discharging any liability to conviction for the offence under section 444(1) 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 the notice relates (or an offence under section 444(1A) arising out of the same circumstances) 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 (or an offence under section 444(1A) arising out of the same circumstances) if he pays a penalty in accordance with the notice.

(5)Penalties under this section shall be payable to local education authorities in England.

(6)Sums received by a local education authority under this section may be used by the authority for the purposes of any of its functions which may be specified in regulations.

444BPenalty notices: supplemental

(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 which a 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 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—

(i)repayment of any amount paid 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 (and any offence under section 444(1A) arising out of the same circumstances),

(i)provision for a certificate—

(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,

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,

(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 569(4), regulations under subsection (1)(b) may make provision for penalties of different amounts to be payable in different cases or circumstances (including provision for the 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 shall, in carrying out their functions in relation to penalty notices, have regard to any guidance which is published by the Secretary of State from time to time in relation to penalty notices.

(4)In this section and section 444A—

  • authorised officer” means—

    (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—

    (a)

    a head teacher of a relevant school in England, or

    (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,

  • penalty” means a penalty under a penalty notice,

  • penalty notice” has the meaning given by section 444A(2),

  • relevant school” means—

    (a)

    a maintained school,

    (b)

    a pupil referral unit,

    (c)

    an Academy,

    (d)

    a city technology college, or

    (e)

    a city college for the technology of the arts.

(2)In section 572 of that Act (service of notices and other documents) for “served on any person may be served” substitute “ served on, or given to, any person may be served or given ”.

F21(3). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F21(4). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F22(5). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(6)In paragraph 1(2) of Schedule 5 to that Act (powers of accredited persons to issue fixed penalty notices) before paragraph (b) insert—

(ab)the power of a constable to give a penalty notice under section 444A of the Education Act 1996 (penalty notice in respect of failure to secure regular attendance at school of registered pupil);.

(7)After paragraph 1(3) of that Schedule insert—

(4)In its application to an offence which is an offence by reference to which a notice may be given to a person in exercise of the power mentioned in sub-paragraph (2)(ab), sub-paragraph (1) shall have effect as if for the words from “who he has reason to believe” to the end there were substituted “in the relevant police area who he has reason to believe has committed or is committing a relevant fixed penalty offence”.

(8)In paragraph 2 of that Schedule (power to require giving of name and address) after sub-paragraph (3) insert—

(4)In its application to an offence which is an offence by reference to which a notice may be given to a person in exercise of the power mentioned in paragraph 1(2)(ab), sub-paragraph (1) of this paragraph shall have effect as if for the words “has committed a relevant offence in the relevant police area” there were substituted “in the relevant police area has committed a relevant offence”.

(9)The National Assembly for Wales may by order amend sections 444A and 444B of the Education Act 1996 (c. 56) by removing the words “in England” in each place where they occur.

(10)Where an order is made under subsection (9), any functions of the Secretary of State under sections 444A and 444B of the Education Act 1996 which by virtue of the order become exercisable in relation to Wales are to be treated as if they had been transferred to the National Assembly for Wales by an Order in Council under section 22 of the Government of Wales Act 1998 (c. 38).

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Amendments (Textual)

F21S. 23(3)(4) omitted (31.1.2017 for specified purposes, 15.12.2017 in so far as not already in force) by virtue of Policing and Crime Act 2017 (c. 3), s. 183(1)(5)(e), Sch. 12 para. 15(a); S.I. 2017/1139, reg. 2(k) (as amended by S.I. 2017/1162, reg. 2)

Modifications etc. (not altering text)

C1S. 23(9)(10) modified (1.9.2005) by Education Act 2005 (c. 18), s. 125(4), Sch. 18 para. 4 (with s. 119); S.I. 2005/2034, art. 5

Commencement Information

I9S. 23 in force at 27.2.2004 by S.I. 2003/3300, art. 3(a)(ii)

24InterpretationE+W

In this section and [F23sections 19 to 22A]

  • the appropriate person” means—

    (a)

    in relation to England, the Secretary of State, and

    (b)

    in relation to Wales, the National Assembly for Wales,

  • child of compulsory school age” has the same meaning as in the 1996 Act, and “child” is to be construed accordingly,

  • [F24governing body”, in relation to a relevant school which is an [F25Academy school, alternative provision 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;]

  • head teacher” includes acting head teacher, teacher in charge and acting teacher in charge,

  • [F26local authority] ” has the same meaning as in the 1996 Act,

  • parent”, in relation to a pupil or child, is to be construed in accordance with section 576 of the 1996 Act, but does not include a person who is not an individual,

  • pupil” is to be construed in accordance with section 3(1) and (1A) of the 1996 Act,

  • registered pupil” has the meaning given by section 434(5) of the 1996 Act,

  • [F27relevant school ” means— ]

    (a)

    a community, foundation or voluntary school,

    (b)

    a community or foundation special school,

    (c)

    a maintained nursery school as defined in section 22(9) of the School Standards and Framework Act 1998,

    (d)

    a pupil referral unit as defined in section 19(2) of the 1996 Act,

    (e)

    [F28an Academy school,

    (ea)

    an alternative provision Academy,]

    (f)

    a city technology college, or

    (g)

    a city college for the technology of the arts,

  • responsible officer”, in relation to a parenting order, means one of the following who is specified in the order, namely—

    (a)

    an officer of a [F26local authority] , and

    (b)

    a head teacher or a person nominated by a head teacher,

    but a person falling within paragraph (b) may not be specified in the order without his consent,

  • the 1996 Act” means the Education Act 1996 (c. 56).

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Amendments (Textual)

F23Words in s. 24 substituted (1.9.2007 for E., 31.10.2010 for W. for specified purposes and 5.1.2011 so far as not already in force) by Education and Inspections Act 2006 (c. 40), ss. 99(4)(a), 188(3); S.I. 2007/1801, art. 3(c); S.I. 2010/2543, arts. 2(h), 3(a)

F24Words in s. 24 inserted (1.9.2007 for E., 31.10.2010 for W. for specified purposes and 5.1.2011 so far as not already in force) by Education and Inspections Act 2006 (c. 40), ss. 99(4)(b), 188(3); S.I. 2007/1801, art. 3(c); S.I. 2010/2543, arts. 2(h), 3(a)

F27Words in s. 24 substituted (8.11.2006) by Education and Inspections Act 2006 (c. 40), s. 188(1), Sch. 16 para. 4

Commencement Information

I10S. 24 in force at 27.2.2004 for E. by S.I. 2003/3300, art. 4(e)

I11S. 24 in force at 11.5.2006 for W. by S.I. 2006/1278, art. 2

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