Part 7

Discipline, behaviour and exclusion
Chapter 2

Parental responsibilities and excluded pupils

Parenting contracts and parenting orders

Parenting contracts
97
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 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.
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 ”.

Parenting orders in case of exclusion or misbehaviour
98
1
Section 20 of the Anti-social Behaviour Act 2003 (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 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—
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.
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 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—
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.
7
In the heading, after “exclusion” insert “ or potential exclusion ”.

Parenting contracts and parenting orders: further provisions
99
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—
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.
,
c
omit subsection (4), and
d
in subsection (5), after “authorities,” insert “ governing bodies ”.
3
After section 22 insert—

Parenting contracts and parenting orders: further provisions
22A
1
The appropriate person may by regulations make further provision about the exercise by local 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 local 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 local authority or governing body to consult with another before taking any prescribed step;
d
provision authorising or requiring the provision of information by one local authority or governing body to another;
e
provision as to how the costs associated with parenting contracts entered into by local 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).
4
In section 24 (interpretation)—
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 the school, as defined by section 579(1) of the 1996 Act;
.

Excluded pupils

Duty of governing body or proprietor where pupil excluded for fixed period
100
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 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.
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 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—
- “governing body”, in relation to a relevant school which is an Academy school, an alternative provision 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;
- “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.

Duty of local authority in relation to excluded pupils
101
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 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 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.
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—
- “relevant school” means—
  1. a maintained school,
  2. an Academy,
  3. a city technology college, or
  4. a city college for the technology of the arts;
- “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).

Reintegration interviews
102
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 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.
4
In this section—
- “prescribed” means prescribed by regulations;
- “regulations” means regulations made—
  1. in relation to England, by the Secretary of State, or
  2. in relation to Wales, by the Assembly;
- “a temporarily excluded pupil” means a pupil who is or has been excluded on disciplinary grounds for a fixed period.

Duty of parent in relation to excluded pupil
103
1
This section applies where—
a
a pupil of compulsory school age (“the excluded pupil”) is excluded on disciplinary grounds from a relevant school in England, whether for a fixed period or permanently, and
b
notice under section 104 has been given to a parent of the pupil.
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
b
is stated in the notice under section 104 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.
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.
6
Proceedings for an offence under subsection (3) may not be instituted except by a local 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 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—
  1. any highway, and
  2. 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 any time during a school session of the school referred to in subsection (1)(a) or during a break between sessions of that school on the same day.

Notice to parent relating to excluded pupil
104
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 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 be provided for the excluded pupil.
3
The notice must specify as days on which the parent is to be subject to section 103(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 that day,
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 103 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 authority, they must 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.
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—
  1. in the case of a permanent exclusion or an exclusion from a pupil referral unit, a local authority,
  2. in the case of an exclusion for a fixed period from a maintained school, the governing body of the school, and
  3. in the case of an exclusion for a fixed period from a relevant school which is an Academy school, an alternative provision 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;
- “the relevant enactment” means—
  1. where the appropriate authority is a local authority, section 19 of EA 1996, and
  2. in any other case, section 100 of this Act.

Penalty notice in respect of presence of excluded pupil in public place
105
1
Where an authorised officer has reason to believe that a person has committed an offence under section 103(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 103(3) 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 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 if he pays a penalty in accordance with the notice.
5
Sums received by a local 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.
6
In this section—
- “authorised officer” means—
  1. a constable,
  2. an officer of a local authority in England who is authorised by the authority to give penalty notices, or
  3. an authorised staff member;
- “authorised staff member” means—
  1. a head teacher of a relevant school in England, or
  2. 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;
- “regulations” means regulations made by the Secretary of State.

Penalty notices: supplemental
106
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 authority to whom 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 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 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;
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 181(2)(a), regulations under subsection (1)(b) may make provision for penalties of different amounts to be payable in different cases (including provision for the penalty payable under a penalty notice to differ according to the time by which it is paid).
3
Local authorities, head teachers and authorised officers must, in carrying out their functions in relation to penalty notices, have regard to any guidance which is given by the Secretary of State from time to time in relation to penalty notices.
4
In this section —
- “penalty” means a penalty under a penalty notice;
- “penalty notice” has the meaning given by section 105(2);
and other expressions have the same meaning as in section 105.

Penalty notices: amendments of Police Reform Act 2002
107
1
The Police Reform Act 2002 (c. 30) is amended as follows.
2. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
3. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
4
In paragraph 1(2) of Schedule 5 (powers of accredited persons to issue fixed penalty notices), after paragraph (ab) insert—
ac
the power of a constable to give a penalty notice under section 105 of the Education and Inspections Act 2006 (penalty notice in respect of presence of excluded pupil in public place);
.
5
In paragraph 1(4) of that Schedule, after “sub-paragraph (2)(ab)” insert “ or (ac) ”.
6
In paragraph 2(4) of that Schedule, after “paragraph 1(2)(ab)” insert “ or (ac) ”.

Removal of excluded pupils to designated premises
108
1
Section 16 of the Crime and Disorder Act 1998 (c. 37) (removal of truants to designated premises) is amended in accordance with subsections (2) to (6).
2
In subsection (2)—
a
for “subsection (3)” substitute “ subsections (3) and (3ZA) ”, and
b
for “that subsection” substitute “ each of those subsections ”.
3
After subsection (3) insert—
3ZA
If a constable has reasonable cause to believe that a child or young person found by him in a public place in a specified area during a specified period and during school hours—
a
is of compulsory school age,
b
has been excluded on disciplinary grounds from a relevant school for a fixed period or permanently,
c
remains excluded from that school,
d
has not subsequently been admitted as a pupil to any other school, and
e
has no reasonable justification for being in the public place,
the constable may remove the child or young person to designated premises.
4
After subsection (3A) insert—
3B
In subsection (3ZA), “school hours” means any time during a school session of the school referred to in paragraph (b) of that subsection or during a break between sessions of that school on the same day.
5
In subsection (5), after the definition of “public place” insert—
“relevant school” has the meaning given by section 111 of the Education and Inspections Act 2006;
.
6
In the heading, after “truants” insert “ and excluded pupils ”.
7. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

School attendance

Failure to secure school attendance
109
1
In section 444 of EA 1996 (offence of failing to secure regular attendance at school of registered pupil), in subsection (1A), omit “without reasonable justification”.
2
After that subsection insert—
1B
It is a defence for a person charged with an offence under subsection (1A) to prove that he had a reasonable justification for his failure to cause the child to attend regularly at the school.
3
In subsection (2) of that section, for “(3)” substitute “ (2A) ”.
4
After that subsection insert—
2A
The child shall not be taken to have failed to attend regularly at the school by reason of his absence from the school at any time if the parent proves that at that time the child was prevented from attending by reason of sickness or any unavoidable cause.
5
In subsection (3) of that section—
a
at the end of paragraph (a) insert “ or ”, and
b
omit paragraph (b) and the “or” immediately following it.
6
In subsection (6) of that section, for “the parent shall be acquitted if he proves” substitute “ it is a defence for the parent to prove ”.
7
In subsection (7) of that section, for “at a time when he was not” substitute “ unless the parent proves that at that time the child was ”.
8
After that subsection insert—
7A
Where—
a
a child of compulsory school age has been excluded for a fixed period on disciplinary grounds from a school in England which is—
i
a maintained school,
ii
a pupil referral unit,
iii
an Academy,
iv
a city technology college, or
v
a city college for the technology of the arts,
b
he remains for the time being a registered pupil at the school,
c
the appropriate authority make arrangements for the provision of full-time education for him at the school during the period of exclusion, and
d
notice in writing of the arrangements has been given to the child's parent,
the exclusion does not affect the application of subsections (1) to (7) to the child's attendance at the school on any day to which the arrangements relate.
7B
In subsection (7A)(c) “the appropriate authority” means—
a
in relation to a maintained school, the governing body of the school,
b
in relation to a pupil referral unit, the local authority, and
c
in relation to any school mentioned in subsection (7A)(a)(iii) to (v), the proprietor of the school.
9
In subsection (6) of section 444ZA of EA 1996 (application of section 444 to alternative educational provision), for “the parent shall be acquitted if he proves” substitute “ it is a defence for the parent to prove ”.
10
In section 16 of the Crime and Disorder Act 1998 (c. 37), in subsection (4) for the words from “unless” to the end substitute “ unless the child or young person is prevented from attending by sickness or other unavoidable cause or the absence falls within subsection (3) (leave or day set apart for religious observance) of section 444 of the Education Act 1996 ”.
11
The amendments made by this section, and the entry in Part 1 of Schedule 18 relating to section 444 of EA 1996, do not apply in relation to any failure to attend at a school, or other place in relation to which that section applies, which occurs before the commencement of the amendment in question.

Sums received under section 444A of EA 1996
110
In section 444A of EA 1996 (penalty notice in respect of failure to secure regular attendance at school of registered pupil) for subsection (6) substitute—
6
Sums received by a local authority under this section may be used by the authority for the purposes of any of its 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.

Interpretation of Chapter 2

Meaning of “maintained school” and “relevant school” in Chapter 2
111
In this Chapter—
- “maintained school” means—
  1. a community, foundation or voluntary school,
  2. a community or foundation special school, or
  3. a pupil referral unit;
- “relevant school” means—
  1. a maintained school,
  2. an Academy school,
  3. an alternative provision Academy,
  4. a city technology college, or
  5. a city college for the technology of the arts.
S. 97 in force at 1.9.2007 for E. by S.I. 2007/1801, art. 3(c)
S. 98 in force at 1.9.2007 for E. by S.I. 2007/1801, art. 3(c)
S. 99 in force at 1.9.2007 for E. by S.I. 2007/1801, art. 3(c) (with art. 5(2))
S. 102 in force at 1.9.2007 for E. by S.I. 2007/1801, art. 3(d)
S. 108 in force at 1.9.2007 for E. by S.I. 2007/1801, art. 3(e)
S. 100 in force at 1.9.2007 by S.I. 2007/1801, art. 4(g)
S. 101 in force at 1.9.2007 by S.I. 2007/1801, art. 4(g)
S. 103 in force at 1.9.2007 by S.I. 2007/1801, art. 4(h)
S. 104 in force at 1.9.2007 by S.I. 2007/1801, art. 4(h)
S. 105 in force at 1.9.2007 by S.I. 2007/1801, art. 4(h)
S. 106 in force at 1.9.2007 by S.I. 2007/1801, art. 4(h)
S. 107 in force at 1.9.2007 by S.I. 2007/1801, art. 4(h)
S. 109(8) in force at 1.9.2007 by S.I. 2007/1801, art. 4(i)
S. 110 in force at 1.9.2007 by S.I. 2007/1801, art. 4(i)
Words in Pts. 1-7 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. 14(2)
S. 97 in force at 31.10.2010 for W. by S.I. 2010/2543, art. 2(g)
S. 98 in force at 31.10.2010 for specified purposes for W. by S.I. 2010/2543, art. 2(h)
S. 99 in force at 31.10.2010 for specified purposes for W. by S.I. 2010/2543, art. 2(h)
S. 102 in force at 31.10.2010 for specified purposes for W. by S.I. 2010/2543, art. 2(i)
S. 108 in force at 31.10.2010 for W. by S.I. 2010/2543, art. 2(j)
S. 98 in force at 5.1.2011 for W. in so far as not already in force by S.I. 2010/2543, art. 3(a)
S. 99 in force at 5.1.2011 for W. in so far as not already in force by S.I. 2010/2543, art. 3(a)
S. 102 in force at 5.1.2011 for W. in so far as not already in force by S.I. 2010/2543, art. 3(b)
Words in s. 100(5) substituted (1.4.2012) by Education Act 2011 (c. 21), s. 82(3), Sch. 13 para. 16(3); S.I. 2012/924, art. 2
Words in s. 104(8) substituted (1.4.2012) by Education Act 2011 (c. 21), s. 82(3), Sch. 13 para. 16(4); S.I. 2012/924, art. 2
Words in s. 111 substituted (1.4.2012) by Education Act 2011 (c. 21), s. 82(3), Sch. 13 para. 16(5); S.I. 2012/924, art. 2
S. 104 modified (18.5.2012) by The Wiltshire Council (Arrangements for the Provision of Suitable Education) Order 2012 (S.I. 2012/1107), arts. 1(2)(a), 7 (with art. 5)
S. 107(2)(3) 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. 20(a); S.I. 2017/1139, reg. 2(k) (as amended by S.I. 2017/1162, reg. 2)
S. 108(7) 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. 20(b); S.I. 2017/1139, reg. 2(k) (as amended by S.I. 2017/1162, reg. 2)