Under s. 29A of the Education Act 2002, introduced by the Education and Skills Act 2008 a governing board of a maintained school can require a pupil to attend another education setting as a temporary measure, when interventions or targeted support have not been successful in improving a pupil’s behaviour.
This could be either to an Alternative Provision (AP) or a managed move to another school (see separate webpage.)
Academies have similar powers if their Articles of Association are written to include them.
Although the legislation, regulations and guidance do not apply to Academies, they can provide Academies with an example of good practice.
Depending on the needs of the pupil, this could involve full time education off-site or part time in Alternative Provision and school.
However, when possible, in-school interventions or targeted support from AP schools should be used to meet a pupil’s individual needs and circumstances – whether behavioural or special educational. (Suspension and Permanent Exclusions Guidance 2022, para 36)
If a pupil with a disability or SEN has been moved off-site, the duties under the Equality Act 2010 and the Children and Families Act 2014 continue to apply (for example, to make reasonable adjustments or to put support in place to meet SEN).
The length of time a pupil spends in another mainstream school or AP will depend on what best supports the pupil’s needs and potential improvement in behaviour.
The Suspension and Permanent Exclusions Guidance 2022, para 32, states that this power to direct off-site:
- may only be used to improve behaviour and not as a sanction or punishment
- Should only be used where in-school interventions and/or outreach have been unsuccessful or are deemed inappropriate
- Should be based on an understanding of the support a child or young person needs in order to improve their behaviour, as well as any SEND/health needs.
If a child has a disability, then governors will also need to consider whether directing the child off-site is discriminatory.
The statutory guidance also highlights that:
- The nature of the intervention, its objectives, and timeline to achieve these should be clearly defined and agreed with the provider upfront.
- The plan should then be frequently monitored and reviewed.
- Pupils must continue to receive a broad and balanced education, and this will support reintegration into mainstream schooling.
(Suspension and Permanent Exclusions Guidance 2022, para 34)
When directing or reviewing Alternative Provision Governors must have regard to the Alternative Provision: Statutory guidance for local authorities, headteachers and governing bodies 2013 and they must comply with the Education (Educational Provision for Improving Behaviour) Regulations 2010. And accompanying amendments of 2012
See below for the outline and stages of governor responsibilities, highlighting duties from the above legislation.
Governing Board Duty
What this involves
Decision to send a pupil off-site to improve behaviour
| The governing board must write to: – The parents (or the pupil if 18 or older) – The local authority if the pupil has an Education, Health and Care (EHC) plan The notice has to be given as soon as possible and at least two school days before the day when the education starts. (Suspension and Permanent Exclusions Guidance 2022, para 39 ) |
| As per Education (Educational Provision for Improving Behaviour) Regulations 2010 – This information in the letter must include: – the address at which the educational provision is to be provided for the pupil; – details of the person the pupil should report to on first attending the AP; – the number of days they will be directed off site; – what the purpose of the off-site direction is – what are the objectives for the pupil; – where two sessions per day are provided, the times it starts in the morning, the time it ends in the afternoon and the timing of the break between the morning and afternoon, – or where a single session per day is provided, the times the session starts and finishes. |
Regular Reviews
| The off-site education must be reviewed frequently enough to provide assurance that the off-site direction is achieving its objectives via monitoring points. (Suspension and Permanent Exclusions Guidance 2022, para 43 |
As per The Education (Educational Provision for Improving Behaviour)( Amendment) Regulations 2012
the governing body must keep the provision under review by holding a review meeting as many times as required by the needs of the pupil.
So the reviews may have to be more or less frequent depending on the individual pupil’s circumstances.
The governing body must ensure, insofar as is practicable, that any review meeting is arranged on a date, and at a time, that is suitable for the parent or the young adult.
Review Invitations
Not later than 6 days before the date of any review, the governing body must send out written invitations requesting either attendance at the review meeting or asking for advice to be submitted.
| As per the Education (Educational Provision for Improving Behaviour) Regulations 2010 Invitations must be sent to: (a) The parents (or the pupil if 18 or older); (b) the provider of the off-site education; (c) the head teacher of the main school; (d) a representative of the governing body; (e) where the pupil has an EHC plan, a representative of the local authority. However, para 43 of the Suspension and Permanent Exclusions Guidance 2022 highlights that other relevant agencies may be invited like a pupil’s social worker, Child and Adolescent Mental Health Services (CAMHS), Multi-Agency Safeguarding Hubs (MASH) and Youth Justice Teams. |
Reviews should be recorded in writing
Outcome of a review
Following a review meeting the governing body must make a decision as to whether the off-site education should continue and, if so, for what further period of time.
In making that decision, they must take into account the views of any one invited to the review meeting who have attended the review meeting or have submitted their views in writing.
As per the Education (Educational Provision for Improving Behaviour) Regulations 2010
Notification of the outcome of a review
Not later than six days after the date of the review meeting, the governing body must give written notice of their decision by post and the reasons for it.
| As per the Education (Educational Provision for Improving Behaviour) Regulations 2010 – Governors must send this notification to: – the parent (if the child is under 18) or the young adult (if over 18), – the provider of the AP, – where the pupil has an EHC plan, the local authority. |
Right to request a review
Parents, or pupils aged 18 or over, and (where the pupil has an EHC plan) the local authority, can request in writing that the governing board hold a review meeting to discuss this direction.
When this happens, governing boards must comply with the request as soon as reasonably practicable, unless there has already been a review meeting in the previous 10 weeks.
