You’re barred: how to control access to your school

Schools expect those who enter their premises, including parents, guardians and other individuals, to behave with respect and politeness while visiting the site to pick up or drop off their children or attend appointments and school events.

Unfortunately, there are occasions when an individual’s behaviour falls short of these expectations and behaves in an anti-social manner. In these instances, it may be appropriate to ban the individual from the school site.

Jill Donabie, partner in our education team, explains more.

When can the school ban someone from the site?

The Department for Education has issued guidance in relation to barring individuals from school entitled “Controlling access to school premises” (Guidance). You can read the Guidance in full here.

As set out in the Guidance, schools are entitled to ban someone from the school site if they feel that their aggressive, abusive or insulting behaviour or language risks staff or pupils. It is enough for a member of staff or pupil to feel threatened – no “contact” needs to occur.

How is the ban put in place?

If a school bans or intends to ban an individual from the site, they must do so in line with the Guidance. In particular, the school should write to the individual to inform them that they have been banned, or that they intend to ban them.

The individual must be invited to present their side of the argument. This is an important step. The school can do this by either (a) barring the individual temporarily until the individual has had the opportunity to formally present their side or (b) telling the individual that they intend to ban them and inviting them to present their side by a set deadline.

After the individual’s side has been heard, the school can decide whether to uphold the ban (or implement it if it has not already done so). The Guidance is not prescriptive about how the individual can present their side; what is important is that the individual is allowed to do so.

If the decision is made to ban an individual from the site, this must be kept under review. As part of this review, it may be appropriate to consider further representations from the banned individual.

Again, the Guidance is not prescriptive as to how this review should be carried out; what is important is that this should not be viewed as an unchallenged “permanent” measure.

What if the ban is breached?

Section 547 of the Education Act 1996 makes it a criminal offence for an individual who has been banned from the site to cause a “nuisance” or “disturbance”. If the school has reasonable grounds to suspect that someone has committed an offence, a police officer, or other authorised person can remove them from the school.

Takeaways

Unfortunately, steps sometimes need to be taken in response to poor behaviour from visitors to the school site, whether from parents, guardians, or other parties.

Schools have the power to ban individuals in response to threatening behaviour. If exercising this power, it is important that this is done in line with the Guidance.

In particular, schools must ensure that they invite representations from the individual concerned and keep any ban under review.

For more information, please contact Jill using [email protected] or 0191 211 7933.