Explanatory note

The Education (Educational Provision for Improving Behaviour) Regulations 2010 apply to governing bodies of maintained schools in England. They impose requirements relating to the exercise of governing bodies’ powers under section 29A(1) of the Education Act 2002 to require a pupil to attend provision away from the school premises for the purpose of receiving education to improve the pupil’s behaviour (‘off-site provision’).

Regulation 3 provides that a governing body imposing a requirement that a pupil attend off-site provision must give written notice of the requirement to the relevant person, and, where the pupil has a statement of special educational needs, to the local authority maintaining the statement. The relevant person will be the pupil’s parent (where the pupil is under 18) or the pupil. The regulation imposes a time limit within which the notice must be given; sets out the information that the notice must contain; and provides that the requirement may have effect until the end of the school year in which it is imposed.

Regulation 4 provides that a governing body must keep under review the imposition of a requirement for a pupil to attend off-site provision by holding review meetings at least every 30 days for as long as the requirement remains in effect. Following each review meeting, the governing body must decide whether they should continue to require the pupil to attend off-site provision and, if so, for how long. In making this decision, they must take into account the views of the persons listed in regulation 5(1) who have attended the review meeting or expressed views in writing.

Regulation 5 sets out the persons who must be invited to attend review meetings. Those persons may also submit their views in writing as to whether the pupil concerned should continue to be required to attend off-site provision. The governing body must try to convene meetings at a time and date when the relevant person can attend.

Regulation 6 provides that the governing body must give written notice of the outcome of any review meeting to the relevant person, the provider and, where the pupil has a statement of special educational needs, to the local authority maintaining the statement, within six days of the meeting.

Regulation 7 provides that notices, invitations and notifications under these Regulations must be given by post. This means that service is deemed effective by properly addressing, pre-paying and posting a letter containing the document and, unless the contrary is proved, to have been effected at the time at which the letter would be delivered in the ordinary course of post^f1.

Regulation 8 creates an obligation upon governing bodies to have regard to guidance from the Secretary of State when exercising functions under section 29A(1) of the Education Act 2002 or under these Regulations.

A full regulatory impact assessment of the effect that this instrument will have on the costs of business and the voluntary sector is available at the Better Regulations Impact Assessment Library http://www.ialibrary.berr.gov.uk/ and is annexed to the Explanatory Memorandum which is available alongside the instrument on the OPSI website.