Practical Law Public Sector addresses the questions that schools may ask local authorities regarding day-to-day school management and sets out the legal issues to consider when responding:
In this edition, we consider the issues to consider when dealing with abusive vistors to a school. For details of all our school hotline queries, please see Practice note, Schools hotline FAQs.
Q: Two of our parents have had a falling out and are often seen arguing in the playground when they collect their children. Yesterday they got into a fight and when our deputy headteacher tried to stop them they threatened him. We don’t want them on the school premises any more. What can we do?
A: School premises are private property but parents of children at your school have an implied licence to enter onto them during school hours and for purposes connected with the education of their children. However, that licence can be withdrawn by the local education authority (LA) or the school’s governing body if necessary, by writing to the parents and asking them not to attend the school. They should give the parents an opportunity to respond before making a final decision (Wandsworth Borough Council v Parent A [2000] 1 WLR 1246 (CA)). The school’s decision to revoke an implied licence can only be challenged through judicial review (for example, on the grounds of Wednesbury unreasonableness). If banned parents subsequently enter the school site then they are trespassing, which is a civil matter that the school can pursue through the courts.
If parents cause a nuisance or a disturbance they are committing a criminal offence and the LA may prosecute them under section 547 of the Education Act 1996 (EA 1996).
It is advisable for every school to have a clear, written policy on how it will deal with unacceptable behaviour by parents and visitors on the school premises.
The Department for Education (DfE) has provided guidance for schools on barring parents from schools (see Advice on school security: Access to, and barring of individuals from, school premises (December 2012)).