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
”
.