School security and banning parents from school premises

This page explains the law on barring a parent from entering the premises of a school including how a parent can make representations about this and the consequences of breaching a bar.

This guide applies to both maintained schools and academies. 

All schools have the power to ban parents from their premises

A school despite providing a public service is a private premises. 

Parents of children attending the school will have an implied license to have access to the premises. The implied licence will stipulate when and where the parent can have access, for example, the school playground at the beginning and end of the day. If the parent exceeds the implied licence then the school can take court action for trespass. 

Whilst a parent of a child has an implied licence to access the premises this can be withdrawn by the school where the parent’s conduct justifies such action, for example, where the parent uses insulting language against the staff or pupils.  

It is a criminal offence under  Section 547 Education Act 1996 for a person who is on school premises without lawful authority to cause or permit a nuisance or disturbance.

Procedure for banning parents from the school premises

There is non-statutory advice for banning parents from school premises, which we recommend schools follow when deciding to implement a ban: https://www.gov.uk/government/publications/school-security  

A Notice can be served on the parent of the child prior to the ban informing them of the intent to ban them from the school premises. The notice provides the parent with the opportunity to make representations.

A letter should be sent to the parent of the child by the head teacher or Local Authority informing them of the ban, the reasons for the ban and the duration of the ban. The letter should bring to the parent’s attention how the ban is to be reviewed regularly and their right to make representations. It is good practice to provide a provisional ban in order to give the parent the opportunity to make representations. 

Where a ban has been made the school should review the ban within a reasonable time.