Education and Skills Bill

A school governing body already has the power under section 29(3) of the Education Act 2002 to direct a pupil off site to receive instruction or training. The clause provides that the governing body can also require registered pupils to attend off-site educational provision that is intended to improve their behaviour, such as anger management classes. During the Bill's passage, concerns have been raised as to how the power would be used in practice. My right hon. Friend the Minister for Schools and Learners had a particularly helpful meeting with my hon. Friend the Member for Blackpool, South (Mr. Marsden) and the Special Educational Consortium to discuss their concerns. I would like to take this opportunity to thank them for their helpful comments. My right hon. Friend mentioned to me earlier that we can perhaps consider these measures as the Blackpool amendments. The amendments allow regulations to be made to determine the maximum length of time that a pupil can be required to attend off-site provision. It has always been our intention that governing bodies would be able to require pupils to attend off-site provision only for as long as is reasonable and necessary for the purpose of improving their behaviour. We intend to ensure that that is the case by making regulations that provide that governing bodies may not require a pupil to attend off-site provision for a period that goes beyond the end of the school year in which it is imposed. We will also set out in regulations that a review must take place within 30 days of the requirement being imposed, and every 30 days thereafter while the pupil is attending off-site provision. We intend to impose an obligation to have regard to guidance, and to issue guidance that will emphasise the need to pay particular attention to pupils with special educational needs. That guidance will set out expectations that an assessment will be undertaken to examine what can be done to improve their behaviour in schools, and how their needs are being met, before an off-site referral is considered. It will also recommend a pre-placement meeting involving the parents, the head teacher, a governor and a local authority representative.