Education Act 1997

JurisdictionUK Non-devolved
Citation1997 c. 44


Education Act 1997

1997 Chapter 44

An Act to amend the law relating to education in schools and further education in England and Wales to make provision for the supervision of the awarding of external academic and vocational qualifications in England, Wales and Northern Ireland and for connected purposes.

[21st March 1997]

B e it enacted by the Queen's most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, as follows:—

I Assisted places scheme

Part I

Assisted places scheme

S-1 Extension of assisted places scheme to schools providing only primary education.

1 Extension of assisted places scheme to schools providing only primary education.

In section 479 of the Education Act 1996(the assisted places scheme), in subsection (2) (by virtue of which a ‘participating school’ must be one providing secondary education), the words ‘providing secondary education’ shall be omitted.

II School Discipline

Part II

School Discipline

Responsibility for discipline

Responsibility for discipline

S-2 Responsibility for discipline: LEA-maintained schools.

2 Responsibility for discipline: LEA-maintained schools.

For section 154 of the Education Act 1996 there shall be substituted-

S-154 ‘Responsibility of governing body and head teacher for discipline.

154 ‘Responsibility of governing body and head teacher for discipline.

(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.’

S-3 Responsibility for discipline: grant-maintained and grant-maintained special schools.

3 Responsibility for discipline: grant-maintained and grant-maintained special schools.

(1) After section 306 of the Education Act 1996 there shall be inserted—

Discipline

‘Discipline

S-306A

306A Responsibility of governing body and head teacher for discipline.

(1) The governing body of a grant-maintained 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 meas ures (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.’

(2) In Schedule 28 to that Act (government and conduct of grant-maintained special schools), in paragraph 15 (application of section 307 to such schools) for ‘Section’ there shall be substituted ‘Each of sections 306A (responsibility for discipline) and’.

Power to restrain pupils

S-4 Power of members of staff to restrain pupils.

4 Power of members of staff to restrain pupils.

After section 550 of the Education Act 1996there shall be inserted—

Power to restrain pupils

‘Power to restrain pupils

S-550A

550A Power of members of staff to restrain pupils.

(1) A member of the staff of a school may use, in relation to any pupil at the school, such force as is reasonable in the circumstances for the purpose of preventing the pupil from doing (or continuing to do) any of the following, namely—

(a) committing any offence,

(b) causing personal injury to, or damage to the property of, any person (including the pupil himself), or

(c) engaging in any behaviour prejudicial to the maintenance of good order and discipline at the school or among any of its pupils, whether that behaviour occurs during a teaching session or otherwise.

(2) Subsection (1) applies where a member of the staff of a school is—

(a) on the premises of the school, or

(b) elsewhere at a time when, as a member of its staff, he has lawful control or charge of the pupil concerned;

but it does not authorise anything to be done in relation to a pupil which constitutes the giving of corporal punishment within the meaning of section 548.

(3) Subsection (1) shall not be taken to prevent any person from relying on any defence available to him otherwise than by virtue of this section.

(4) In this section—

‘member of the staff’, in relation to a school, means any tea cher who works at the school and any other person who, with the authority of the head teacher, has lawful control or charge of pupils at the school;

‘offence’ includes anything that would be an offence but for the operation of any presumption that a person under a particular age is incapable of committing an offence.’

Detention

S-5 Detention outside school hours lawful despite absence of parental consent.

5 Detention outside school hours lawful despite absence of parental consent.

After the section 550A inserted in the Education Act 1996by section 4 of this Act there shall be inserted—

Detention

‘Detention

S-550B

550B Detention outside school hours lawful despite absence of parental consent.

(1) Where a pupil to whom this section applies is required on disciplinary...

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