Education and Inspections Act 2006

98 Parenting orders in case of exclusion or misbehaviour E+W

(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 [F1 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 [F1 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 ”.

Textual Amendments

F1 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)

Commencement Information

I1 S. 98 in force at 1.9.2007 for E. by S.I. 2007/1801, art. 3(c)

I2 S. 98 in force at 31.10.2010 for specified purposes for W. by S.I. 2010/2543, art. 2(h)

I3 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)