Education Act 1996

Discipline: general E+W

[F1 154 Responsibility of governing body and head teacher for discipline. E+W

(1) The governing body of a county, voluntary or maintained special school shall ensure that policies designed to promote good behaviour and discipline on the part of its pupils are pursued at the school.

(2) 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.

(3) 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)—

(a) the head teacher; and

(b) parents of registered pupils at the school.

(4) 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;

(c) securing that the standard of behaviour of pupils is acceptable; and

(d) otherwise regulating the conduct of pupils.

(5) 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).

(6) 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.

(7) 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 at the school.

(8) The governing body and the head teacher shall, before any measures are determined under subsection (4), consult the local education authority on any matter arising from the proposed measures which can reasonably be expected—

(a) to lead to increased expenditure by the authority, or

(b) to affect the responsibilities of the authority as an employer.]

Textual Amendments

F1 S. 154 substituted (1.4.1998) by 1997 c. 44, s.2 (with s. 57(3)); S.I. 1998/386, art. 2, Sch. 1 Pt. II

155 LEA’s reserve power to prevent a breakdown of discipline. E+W

(1) The local education authority may, in the circumstances mentioned in subsection (3), take such steps in relation to a county, controlled or maintained special school as they consider are required to prevent the breakdown, or continuing breakdown, of discipline at the school.

(2) The governing body and the head teacher of an aided or a special agreement school shall, in the circumstances mentioned in subsection (3), consider any representations made to them by the local education authority.

(3) 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.

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

156 Power of head teacher to exclude pupils. E+W

(1) The articles of government for a county, voluntary or maintained special school shall provide for the power to exclude a pupil from the school (whether by suspension, expulsion or otherwise) to be exercisable only by the head teacher.

(2) The head teacher of any such school may not—

(a) so exercise the power to exclude a pupil from the school for one or more fixed periods that the pupil is so excluded for more than 15 school days in any one term, or

(b) exclude a pupil from the school for an indefinite period;

but this subsection is without prejudice to the power to exclude a pupil from the school permanently.

(3) Subsection (2) has effect, in the case of a school having articles of government, despite anything in the articles.

157 Exclusion of pupils: duty to inform parents etc. E+W

(1) The head teacher of a county, voluntary or maintained special school shall have the following duties in relation to the exclusion of pupils from the school.

(2) Where the head teacher excludes any pupil, the head teacher shall (without delay) take reasonable steps to inform the relevant person—

(a) of the period of the exclusion (or, if the pupil is being permanently excluded, that he is being so excluded); and

(b) of the reasons for the exclusion; and

(c) that the relevant person may make representations about the exclusion to the governing body and the local education authority.

(3) Where the head teacher excludes any pupil in circumstances in which the pupil would, as a result of the exclusion—

(a) be excluded from the school for a total of more than five school days in any one term, or

(b) lose an opportunity to take any public examination,

the head teacher shall (without delay) inform the local education authority and the governing body of the period of the exclusion (or, if the pupil is being permanently excluded, that he is being so excluded) and of the reasons for it.

(4) Where the head teacher decides that any exclusion of a pupil for a fixed period should be made permanent, he shall (without delay)—

(a) inform the local education authority and the governing body of his decision and of the reasons for it, and

(b) take reasonable steps to inform the relevant person—

(i) of his decision and of the reasons for it, and

(ii) that that person may make representations about the decision to the governing body and the local education authority.

(5) In this section “the relevant person” means—

(a) in relation to a pupil under the age of 18, a parent of his;

(b) in relation to a pupil who has attained that age, the pupil himself.

158 Reinstatement of excluded pupils. E+W

Schedule 15 has effect in relation to the reinstatement of pupils excluded from county, voluntary or maintained special schools.

159 Appeals against exclusion or reinstatement of pupils. E+W

(1) A local education authority shall make arrangements—

(a) for enabling the relevant person to appeal against any decision not to reinstate a registered pupil who has been permanently excluded from a county, controlled or special school maintained by the authority, and

(b) for enabling the governing body of the school to appeal against any direction for the reinstatement of any such pupil which has been given to the head teacher of the school by the authority.

(2) The governing body of an aided or a special agreement school shall make arrangements for enabling the relevant person to appeal against any decision not to reinstate a registered pupil who has been permanently excluded from the school.

(3) Joint arrangements may be made under subsection (2) by the governing bodies of two or more aided or special agreement schools maintained by the same local education authority.

(4) Schedule 16 has effect in relation to the making and hearing of appeals pursuant to arrangements made under subsection (1) or (2); and in subsections (5) and (6) “appeal committee” means an appeal committee constituted in accordance with Part I of Schedule 33 (school admission appeals), as it applies in accordance with paragraph 4 of Schedule 16.

(5) The decision of an appeal committee on an appeal pursuant to arrangements made under subsection (1) or (2) shall be binding on the persons concerned.

(6) Where on such an appeal the appeal committee determines that the pupil in question should be reinstated, the committee shall either direct that he is to be reinstated immediately or direct that he is to be reinstated by a date specified in the direction.

(7) In this section “the relevant person” means—

(a) in relation to a pupil who is under the age of 18, a parent of his;

(b) in relation to a pupil who has attained that age, the pupil himself.

160 Additional provision for appeals against exclusion of pupils. E+W

(1) Where the articles of government for a county, voluntary or maintained special school provide—

(a) for the parents of an excluded pupil to have the right to appeal against his exclusion to a person specified by the articles, and

(b) for the procedure to be followed on such an appeal,

any decision on such an appeal that the pupil should be reinstated, or that he should be reinstated earlier than would otherwise be the case, shall be binding on the head teacher.

(2) In subsection (1) “excluded pupil” means a pupil who is excluded from the school in circumstances in which no right of appeal is given by virtue of section 159.