29A Education Act 2002 sets out the power to direct a pupil off site to another educational provision to improve the pupil’s behaviour. It is often used when a pupil is at risk of permanent exclusion and parental consent is not required,
however, it makes sense for it to be a collaborative process so far as is reasonably practicable.
This legislation states:
“The governing body of a maintained school in England may require any registered pupil to attend at any place outside the school premises for the purpose of receiving educational provision which is intended to improve the behaviour of the pupil.”
Academies whose funding agreement and/or articles of association make clear that they comply with the legislation can also direct pupils off-site.
The Education (Educational Provision for Improving Behaviour) Regulations 2010 outline the procedure that must be followed when directing a pupil off-site:
Where a governing body determine that they will impose a requirement on a pupil under section 29A(1) of the 2002 Act, they must:
Give notice in writing to the parent/carer of a child, the child if over 18, and the LA if the child has an EHCP, (The notice must be given as soon as practicable after the determination has been made and not less than two school days before the relevant
day) including the following information:
- the address at which the educational provision is to be provided for the pupil;
- particulars identifying the person to whom the pupil should report on first attending that address for the purposes of receiving the educational provision;
- the number of days for which the requirement is to be imposed;
- the reasons for, and objectives of, imposing the requirement; and
- in relation to the educational provision—
- where two sessions per day are provided, the times at which the morning session commences, the afternoon session ends and the break between them commences and ends, or where a single session per day is provided, the times at which the session commences
Schools must keep under review the alternative placement by holding a review meeting determining the effectiveness of the alternative placement in meeting its objective, whether it should continue and considering any views of those that have attended the
review meeting or those views submitted in writing.
The review meetings
Not later than six days before the date of any review meeting a governing body should give written invitation to the persons above, the alternative educational establishment and the Head Teacher of the school requesting them to attend the review meeting
or to submit in writing before the date of the meeting their views on the alternative placement.
Written notification of any decision to continue the alternative placement and the reasons for continuing should be given to those involved not later than six days after the date of the review meeting.
It could be considered an unlawful use of this provision if the school fails to adhere to the regulations above.