School measures - Academy schools: education provision for improving behaviour

A measure to extend, to academies, legislation that allows maintained schools to temporarily direct pupils to another location (usually another education setting) in order to improve their behaviour (known as off-site direction). The intention is to place academy schools on the same statutory footing as maintained schools to ensure consistency of practice. This, however, will not be new to academies as they have the power to direct a pupil off-site to improve behaviour under their general powers found in their funding agreement.

The proposed legislation is not intended to change practice, but to help regularise the legal framework between academies and maintained schools’ powers. This is to ensure that all state-funded mainstream and special schools are subject to the same statutory requirements in using off-site direction, including processes to protect pupils and review off-site direction placements. It is argued that the amendment supports wider efforts to consistently safeguard pupils and promote educational outcomes, ensuring similar scrutiny and transparency and guarding against misconduct or malpractice.

The intention is for the Education (Educational Provision for Improving Behaviour) Regulations 2010 to be amended to apply their existing provision to academies in the same way as they currently apply to maintained schools, without any other substantive change in policy or effect. The subject-matter to be covered by the regulations in relation to academy trusts will be the same as for maintained schools including ensuring that academies follow the same statutory safeguards as maintained schools.

The above analysis relates to Children’s Wellbeing and Schools Bill which has not yet become law and may be subject to change as it passes through Parliament. We will be posting updates to this page if there are any key developments but the above may not reflect the latest changes to the legislation.  Please contact our School Support (schoolsupport@wslaw.co.uk)  or Schools HR (schoolshr@wslaw.co.uk) teams if you require an update on the latest status of the Bill.