Part 3

Parental responsibilities

Truancy and misbehaviour at school

Parenting orders in cases of exclusion or potential exclusion from school
20
1
Subsection (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
A relevant body may apply to a magistrates' court for a parenting order in respect of a parent of the pupil.
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.
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.
9
In this section “
a relevant body
” means—
a
a
local 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.
Words in ss. 19-21 substituted (5.5.2010) by The Local Education Authorities and Children’s Services Authorities (Integration of Functions) Order 2010 (S.I. 2010/1158), art. 1, Sch. 2 para. 52
Words 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)
Words 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)
Words 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)
S. 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)
S. 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)
S. 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)
Words 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)
S. 20 in force at 11.5.2006 for W. by S.I. 2006/1278, art. 2
S. 20 in force at 27.2.2004 for E. by S.I. 2003/3300, art. 4(b)