Part II New framework for maintained schools

Chapter V Staffing and conduct of schools

Discipline: general

C1C3C4C6C9C1061 Responsibility of governing body and head teacher for discipline.

C2F31

The governing body of a maintained school shall ensure that policies designed to promote good behaviour and discipline on the part of its pupils are pursued at the school.

C22

In particular, the governing body—

a

shall make, and from time to time review, a written statement of general principles to which the head teacher is to have regard in determining any measures under subsection (4); and

b

where they consider it desirable that any particular measures should be so determined by the head teacher or that he should have regard to any particular matters—

i

shall notify him of those measures or matters, and

ii

may give him such guidance as they consider appropriate;

and in exercising their functions under this subsection the governing body shall have regard to any guidance given from time to time by the Secretary of State.

C23

Before making or revising the statement required by subsection (2)(a) the governing body shall consult (in such manner as appears to them to be appropriate)—

C2a

the head teacher; and

b

parents of registered pupils at the school.

C24

The head teacher shall determine measures (which may include the making of rules and provision for enforcing them) to be taken with a view to—

a

promoting, among pupils, self-discipline and proper regard for authority;

b

encouraging good behaviour and respect for others on the part of pupils and, in particular, preventing all forms of bullying among pupils;

c

securing that the standard of behaviour of pupils is acceptable; and

d

otherwise regulating the conduct of pupils.

C25

The head teacher shall in determining such measures—

a

act in accordance with the current statement made by the governing body under subsection (2)(a); and

b

have regard to any notification or guidance given to him under subsection (2)(b).

C26

The standard of behaviour which is to be regarded as acceptable at the school shall be determined by the head teacher, so far as it is not determined by the governing body.

C27

The measures determined by the head teacher under subsection (4) shall be publicised by him in the form of a written document as follows—

a

he shall make the measures generally known within the school and to parents of registered pupils at the school; and

b

he shall in particular, at least once in every school year, take steps to bring them to the attention of all such pupils and parents and all persons employed, or otherwise engaged to provide their services, at the school.

F18

In this section “maintained school” includes a maintained nursery school.

C562LEA’s reserve power to prevent a breakdown of discipline.

C7C11C131

The local education authority may, in the circumstances mentioned in subsection (2) or where F4subsection (2A) or (3) applies, take such steps in relation to a maintained school as they consider are required to prevent the breakdown, or continuing breakdown, of discipline at the school.

C7C11C132

The circumstances are that—

a

in the opinion of the authority—

i

the behaviour of registered pupils at the school, or

ii

any action taken by such pupils or their parents,

is such that the education of any registered pupils at the school is (or is likely in the immediate future to become) severely prejudiced; and

b

the governing body have been informed in writing of the authority’s opinion.

F52A

This subsection applies where, in the case of a school in England—

a

a warning notice has been given in accordance with section 60(2) of the Education and Inspections Act 2006 (“the 2006 Act”) referring to the safety of pupils or staff at the school being threatened by a breakdown of discipline at the school,

b

the governing body have failed to comply, or secure compliance, with the notice to the authority's satisfaction within the compliance period, and

c

the authority have given reasonable notice in writing to the governing body that they propose to exercise their powers under subsection (1) of this section (whether or not in conjunction with exercising their powers under any one or more of sections 63 to 66 of the 2006 Act);

and a notice under paragraph (c) of this subsection may be combined with a notice under section 60(2) of the 2006 Act.

3

This subsection applies where F6in the case of school in Wales—

a

a warning notice has been given in accordance with section 15(2) referring to the safety of pupils or staff at the school being threatened by a breakdown of discipline at the school,

b

the governing body have failed to comply, or secure compliance, with the notice to the authority’s satisfaction within the compliance period, and

c

the authority have given reasonable notice in writing to the governing body that they propose to exercise their powers under subsection (1) of this section (whether or not in conjunction with exercising their powers under either or both of sections 16 and 17);

and a notice under paragraph (c) of this subsection may be combined with a notice under section 15(1)(c).

C8C12C144

Steps taken by a local education authority under subsection (1) may include the giving of any direction to the governing body or head teacher.

F25

In this section “maintained school” includes a maintained nursery school.