Requirement to keep a child away from school2
1
This regulation applies where a local authority is satisfied in relation to a child (C) that–
a
C is or may be infected or contaminated2;
b
the infection or contamination is one which presents or could present significant harm to human health;
c
there is a risk that C might infect or contaminate others;
d
it is necessary to keep C away from school in order to remove or reduce that risk; and
e
keeping C away from school is a proportionate response to the risk to others presented by C.
2
The local authority may by serving notice3 on C’s parent (PT) require that PT keep C away from school.
3
The notice must include the following information—
a
the date from which the requirement commences;
b
the duration of the requirement (up to a maximum of 28 days);
c
why the requirement is believed to be a necessary and proportionate measure;
d
the penalty for failing to comply with the notice; and
e
contact details for an officer of the local authority who is able to discuss the notice.
4
The local authority must as soon as reasonably practicable after serving notice under paragraph (2) inform the headteacher of C’s school—
a
that it has served such a notice in relation to C; and
b
of the contents of that notice.
5
PT may request that the local authority review the notice at any time before the requirement lapses.
6
The local authority—
a
must review the notice within 5 working days beginning with the day on which the request is made where PT is requesting a review in respect of that notice for the first time; or
b
may review the notice in the case of all other requests.
7
The local authority must inform PT and the headteacher of C’s school of the outcome of any review it conducts as soon as reasonably practicable after the review is concluded.
8
A local authority may vary or revoke a notice.
9
A local authority must as soon as reasonably practicable after varying or revoking a notice under paragraph (8) inform PT and the headteacher of C’s school that the notice has been varied or revoked and, if varied, the nature of the variation.
10
A local authority may serve consecutive notices under paragraph (2).
11
A local authority must inform PT and the headteacher of C’s school as soon as reasonably practicable where a notice has expired and no further notice is to be served.
12
It is an offence for PT to fail without reasonable excuse to comply with a notice served under paragraph (2) or varied under paragraph (8).
13
Any person who commits an offence under this regulation is liable on summary conviction to one or both of—
a
a fine not exceeding level 2 on the standard scale;
b
a further fine not exceeding an amount equal to 50% of level 1 on the standard scale for each day on which the default continues after conviction.
14
In this regulation—
“child” (“plentyn”) means a person under 18 years of age;
“headteacher” (“pennaeth”) means the headteacher or, if the headteacher is absent, the person deputising for the headteacher;
“parent” (“rhiant”) has the meaning given to it by section 576 of the Education Act 19964;
“school” (“ysgol”) has the meaning given to it by section 4 of the Education Act 19965; and
“working day” (“diwrnod gwaith”) means any day which is not a Saturday, Sunday, Christmas Day, Good Friday or a day which is a bank holiday in Wales under the Banking and Financial Dealings Act 19716.