Commentary Part 7: Discipline, Behaviour and Exclusion
430.Following the Learning Behaviour report of the Practitioners’ Group on School Behaviour and Discipline, (October 2005, http://www.dfes.gov.uk/behaviourandattendance/about/learning_behaviour.cfm) the White Paper Higher Standards, Better Education for All (Cm 6677) set out a number of commitments by the Government for further improving standards of school discipline. This part of the Act carries forward those commitments in the White Paper on school discipline requiring primary legislation. That includes the establishment of a statutory power to enforce school discipline and more specific measures relating to excluded pupils and parental responsibility for the behaviour of children.
431.The provisions on enforcement of school discipline have been considerably developed since the White Paper was published, through a consultation paper and discussion with key stakeholders. As a result, the Act includes specific new provisions on detentions (replacing section 550B of the 1996 Act) and on items confiscated from pupils. In line with the consultation paper, the Act also re-enacts other existing legal provisions on the responsibilities of governing bodies for discipline and determination by the head teacher of a behaviour policy (section 61 of the 1998 Act) and on physical restraint of pupils (section 550A of the 1996 Act).