Part 7Discipline, behaviour and exclusion

Chapter 2Parental responsibilities and excluded pupils

Parenting contracts and parenting orders

I1I2I398Parenting orders in case of exclusion or misbehaviour

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 F1local 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 F1local 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 ”.