Directing children off site to improve behaviour

This page explains the power of schools to send a child to another educational establishment to improve their behaviour. 

This page is aimed at Local Authority Maintained schools. It may also apply to Academies if your funding agreement or Articles of Association contain a similar power.

Section 29A of the Education Act 2002 – Power of governing body in England: educational provision for improving behaviour 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.”

This statute grants the governing body of a school the power to direct a child off site for the purpose of improving that child’s behaviour. The child remains on the school roll of the original school but for a prescribed period will be educated at another educational establishment. The power can be used if you believe that another educational establishment might be particularly suited to improving a child’s behaviour rather than your own school. For example if a child in your school has been excluded, or is at risk of exclusion, for incidents that appear to be very similar. Sending a child to another educational establishment might prevent this incident from recurring. This could benefit the child by preventing further exclusion and you as a school by the possible prevention of disruption to staff and pupils from the recurring incidents.

A decision to direct a child off site to improve behaviour should be carefully considered before any action is taken. There should be a real prospect that the child’s behaviour will be improved by another education provider. If the Child has Special Educational Needs or a disability you should ask whether his/her particular needs will be met by the alternative education provider and whether the child will continue to receive the same standard of education.   

Top tip: At the Child Law Advice Service we often find that parents have not been fully informed about proposals to educate their child at a different school. Parents may believe the child is being excluded, isolated or simply driven out of the school without knowing the statutory basis or full reasoning of the school for doing so. 

We would always advise you as a school to explain that the child is being sent off site to improve his/her behaviour under Section 29A of the Education Act 2002, that the child is not being excluded and then go on to explain how this will benefit the child and why.

The Education (Educational Provision for Improving Behaviour) Regulations 2010 and 2012

The power under section 29A is further defined by the Education (Educational Provision for Improving Behaviour) Regulations 2010 and 2012. The Regulations give the procedure for directing a child off site that as a school you must adhere to if you are thinking of using the power. It is important to mention that you do not have to seek the consent of the child’s parents to direct a child off site but you must follow the Regulations. Failure to do so could result in a formal complaint. In summary the Regulations state that when using the power the governing body of the school must:

1. Give the prescribed persons below a notice in writing of the proposed direction off site containing the information prescribed below.
   1. The prescribed persons are the parents of the child, the child if over 18 and the Local Education Authority if the child has a Statement of Special Educational Needs or Education Health Care Plan.
   2. The prescribed information is;
      1. The address at which the educational provision is to be provided for the pupil;
      2. Particulars identifying the person to whom the pupil should report on first attending that address for the purposes of receiving the educational provision;
      3. The number of days for which the requirement is to be imposed;
      4. The reasons for, and objectives of, imposing the requirement; and
      5. 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 and ends.
2. The notice must be given as soon as practicable after the determination has been made to direct the child off site and not less than two school days before the first day at which the child is expected to attend the new educational establishment.
3. Keep under review the alternative placement by holding a review meeting examining how effective the alternative placement is proving to be in meeting its aim, whether it should continue and considering any views of those that have attended the review meeting or submitted their views in writing. 
4. Not later than six days before the date of any review meeting give a written invitation to the prescribed persons above, the alternative educational establishment and the Head Teacher of your 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.
5. Give written notification of any decision to continue the alternative placement and the reasons for continuing it to the parties directly above not later than six days after the date of the review meeting.

The full version of the 2010 Regulations can be found here.