Off-site direction

Maintained schools have the power to direct a pupil off-site for education, to improve their behaviour (see Section 3 of Education Act 2002 and the Education Regulations 2012.

If a school decides to use this power, they must: 

·       ensure that parents are given clear information about the placement in advance – why, when, where, and how it will be reviewed. Where the pupil has an Education, Health & Care (EHC) plan, the Local Authority must also be involved in discussions and kept informed, plans should be updated to reflect this change.

·       keep the placement under review and involve parents in the review.
Note: The regulations state regular reviews are required but do not specify how often they must take place (that should be decided on an individual basis).

·       ensure reviews are frequent enough to provide assurance that the off-site education is achieving its objectives and that the pupil is benefitting from it.

·       have regard to guidance from the Secretary of State on the use of this power.

Further guidance can be found in Alternative provision - Statutory guidance for Local Authorities. This legislation refers to maintained schools and not academies. However, it is recommended that academies follow the same maintained school’s framework, as off-site direction, due to the nature, could have implications for schools making them vulnerable to legal challenge. It is also recommended that where relevant the use of off-site direction features in schools’ behaviour policies.

It is important to note that pupils must remain on roll at their home school during the prescribed period attending off-site provision. The home school must accept the pupil back once the prescribed period has lapsed.

Further guidance for off-site direction can be found on page 20 of DfE’s Suspension and Permanent Exclusion guidance (updated May 2023) categorised under pupil movement.

Note: Attendance Code D should be used if attending another educational establishment; if the activity does not involve the pupil being registered at any other school Code B should be used.