HC Deb 11 March 2004 vol 418 c1748W
Mr. Evans

To ask the Secretary of State for Education and Skills (1) what steps he is taking to address the problem of unruly behaviour by pupils in(a) primary schools and (b) high schools; [156492]

(2) what plans he has to change guidance to teachers with respect to restraining unruly and violent pupils. [156496]

Mr. Ivan Lewis

We are investing nearly £470 million over this and the next two years in measures to improve behaviour and attendance in schools. These include training for school staff in managing pupil behaviour and reducing and preventing violence. We have also made it clear that head teachers can permanently exclude pupils responsible for violence, and that we would support such action. In January 2003 new Regulations governing exclusions came into force and the DfES issued new Guidance on Exclusion from Schools and Pupil Referral Units, which introduced several changes. Independent Appeal Panels are not able to reinstate a pupil solely on the basis of technical defects in prior procedure. They are also now required to balance the interests of the excluded pupil against the interests of all the other members of the school community.

New legislation in t he Anti-social Behaviour Act 2003 will enable local education authorities and schools to enter into parenting contracts with parents whose children are excluded from school, helping parents who are willing to engage to improve their children's behaviour. Where children are excluded for serious misbehaviour and parents are unwilling to engage, local education authorities may apply for court-imposed Parenting Orders, compelling the parents to attend parenting classes. We have issued "A legal toolkit for schools", which identifies legal remedies available when school staff experience problems with violent parents. Some of these are also available when dealing with violent pupils.

It is not possible to provide details of separate primary and secondary funding as a major element. The Behaviour Improvement Programme, funds partnerships of schools that include primary and secondary schools, and funding decisions are made locally.

We have no plans to change current guidance on restraining unruly or violent pupils. Our current guidance is contained in Section 550A, Circular 10/98, which came into force on 1 September 1998.

We also have guidance in this area for special schools. These are contained in LEA/0264/2003 September 2003 (guidance for LEAs and special schools on drawing up physical intervention policies and risk assessment).