Off-site provision

February 19th, 2016

Yesterday’s decision in R ota HA v Hampstead School concerns the power to transfer a pupil to off-site provision for behavioural reasons in section 29A of the Education Act 2002 and the Education (Educational Provision for Improving Behaviour) Regulations 2010.  Section 29A says that the power rests with the governing body, but relying on DFE Guidance the judge held that the headteacher can exercise the power under delegated authority.  However the claim succeeded because the school breached notification provisions under the Regulations, and failed to conduct a review.

Peter Oldham QC

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