Safeguarding – Directing Pupils Off Site

The recent decision of the High Court in CHF and CHM (Children), R (On the Application Of) v Newick Ce Primary School & Anor [2021] EWHC 2513 (Admin) highlights the difficulties around the use of the power contained in section 29A of the Education Act 2002 that maintained schools have to direct children off-site for learning for the purposes of improving their behaviour. This statutory power is most commonly used in situations where a headteacher decides to direct a pupil to alternative provision ("AP"), usually in the form of a pupil referral unit or a specialist provision, for a period of time and for a specific purpose: for example to address a particular type of behaviour or to provide a degree of respite and additional support for a pupil who is finding a certain situation challenging. The aim should always be to reintegrate the pupil back into the mainstream school at which they are enrolled. The power applies to maintained schools, and varies slightly for