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Schools: Crime

Volume 472: debated on Tuesday 26 February 2008

To ask the Secretary of State for Children, Schools and Families what definition of a school-specific offence his Department uses; and if he will list those school-specific offences recognised by his Department. (187878)

The Department does not use any particular definition of a school-specific offence. If ‘school-specific offence’ means an offence created by or under the Education Acts in relation to schools, or an offence framed by reference to schools, the offences listed as follows would seem to be relevant in relation to England. References are to sections of the Acts mentioned unless otherwise stated.

Education Act 1996

336(5) (failure to comply with requirement imposed by the Special Educational Needs and Disability Tribunal in respect of the discovery or inspection of documents or giving of evidence)

434(6) (contravention or failure to comply with any requirement imposed by regulations on registration of pupils)

443(1) (failure of parent to comply with the requirements of school attendance order)

444(1) (failure of parent to secure regular attendance at school of registered pupil)

444(1A) (knowing failure of parent to secure regular attendance at school of registered pupil)

506(2) (failure of parent of pupil to present pupil for examination by medical practitioner in accordance with notice)

525(1) (neglecting the cleanliness of pupil)

547(1) (causing or permitting nuisance or disturbance to the annoyance of persons who lawfully use school premises)

559(3) (employing child in contravention of prohibition or restriction imposed by local education authority or for failure to provide the authority with information for the purpose of ascertaining the circumstances of employment)

323(5) and paragraph 5 of schedule 26 (failure of parent to comply with requirements of a notice served by local education authority considering whether to make an assessment of special educational needs)

Education Act 2002

159(1) (conducting an independent school which is not a registered school)

159(6) (wilfully obstructing the Chief Inspector in inspecting premises and taking copies of documents, in relation to offence of conducting an independent school which is not a registered school)

162B(4) (intentionally obstructing a person in the exercise of his functions in relation to an inspection of a registered school)

165(9) (failure of proprietor to comply with an order of registration authority requiring the proprietor to cease using part of the school premises, to close part of the school’s operation or to cease to admit any new pupils)

167(9) (failure of proprietor to comply with an order of Care Standards Tribunal requiring the proprietor to cease using part of the school premises, to close part of the school's operation or to cease to admit any new pupils)

168(2) and regulation 10 Education (Provision of Information by Independent Schools) (England) Regulations 2003 (failure of proprietor to comply with requirement to provide a return within the first three months of operation, an annual return, to report the facts of a dismissal, or to provide information requested by the Secretary of State relevant to his function of prohibiting unsuitable persons from teaching)

Education Act 2005

10(2) (obstructing the Chief Inspector in relation to the inspection of a school for the purposes of section 5 or 8)

109(1) (non-permitted disclosure of information received about eligibility for education maintenance allowances relating to a particular person)

111(1) (non-permitted disclosure of information received about tax credits and social security relating to a particular person)

Education and Inspections Act 2006

103(3) (offence of parent where parent’s child, an excluded pupil, is present in a public place at any time during school hours on one of first five days to which exclusion relates)

Criminal Justice Act 1998

139A(1) (having bladed or sharply pointed article on school premises)

139A(2) (having an offensive weapon on school premises)

Safeguarding Vulnerable Groups Act 2006

8(5) (acting as a member of the governing body of an educational institution for the provision of education to children, or a maintained nursery school, without being monitored in relation to regulated activity relating to children)