The Education (Excluded Days of Detention) (England) Regulations 2007

EXPLANATORY NOTE

(This note is not part of the Regulations)

These Regulations specify what days may not be permitted days of detention for the purposes of section 92 of the Education and Inspections Act 2006.

Under section 92 of the Education and Inspections Act 2006 a member of staff of a school who has been authorised to do so may place a pupil in detention on a permitted day of detention.

A permitted day of detention in relation to a pupil, means—

(a) a school day, other than a day on which the pupil has leave to be absent;

(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;

(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 in relation to England, by the Secretary of State.

These Regulations are made in relation to England by the Secretary of State for the purpose of excluding a day which is set aside wholly or mainly for the performance of duties by members of staff of the school other than teaching (referred to as a “non-teaching day”). Such days may include teacher training days.

Subject to the exceptions in regulation 3(5), regulation 3 excludes non-teaching days from being permitted days of detention where they occur on a public holiday, before the first school day of term, during the half-term break or after the last school day of term. The exceptions are for term-time weekday non-teaching days which immediately follow the day a school breaks up (before half-term or the end of term).

A regulatory impact assessment has not been produced for this instrument as no impact on the private or voluntary sectors is foreseen.