About this guidance

Schools and local authorities have powers to use parenting contracts, parenting orders and penalty notices in cases of non-attendance and misbehaviour/exclusion at school. 

This is statutory guidance from the Department. This means that although this guidance does not have the force of statute, there is an expectation that it will be followed unless there is good reason to depart from it.

This guidance covers parenting contracts and orders arising from non-attendance and exclusion from, or misbehaviour at, school. It provides advice on considerations to take into account in applying the measures and a context for the measures

This guidance replaced the September 2005 edition. It was revised to take account of the changes to education-related parenting contracts, parenting orders and penalty notices made by the Education and Inspections Act 2006, which took effect on 1 September 2007.

Expiry/ Review date

This guidance will be reviewed in Autumn 2012.

What legislation does this relate to?

The Anti-social Behaviour Act 2003 and The Education and Inspections Act 2006.

Who is this guidance for?

This guidance is for:

Governors, headteachers, local authorities, school staff, and police (for penalty notices only).

This guidance applies to all maintained schools, academies, free schools, PRUs, city technology colleges, city technology of arts, alternative provision (irregular attendance only); and maintained nursery schools ( for Behaviour measures only).

Key points

Local authorities, school governing bodies, school staff, and the police, including community support officers and accredited persons, are required by law to have regard to the relevant parts of this guidance when carrying out their functions in relation to parenting contracts, parenting orders and penalty notices. The Education and Inspections Act 2006 allows:

  • schools and local authorities to apply for parenting orders direct to the Magistrates’ Court in cases of serious misbehaviour/ exclusions;
  • parenting contracts to be offered to parents at an earlier stage where pupils have misbehaved in school; and
  • penalty notices to be issued to parents if their excluded child is found in a public place during school hours (in the first five days of exclusion).

The guidance is not exhaustive and judgements will need to take account of the circumstances of individual cases.