Banning parents from school premises

This page explains the law on barring a parent from entering the premises of a school including how a parent can make representations about this and the consequences of breaching a bar.

A school has the power to ban parents from school premises in certain circumstances. The Department for Education has issued non-statutory advice titled Controlling access to school premises.

Do I have the right to access school premises?

Even though they serve a public function, schools are private establishments. Parents of students on the school roll have an implied licence to enter school grounds. This means that parents of enrolled students have access to school premises at specific times, such as a playground at the start and end of the school day. The conditions and terms of this licence can be specified by the school.

This implied license may extend to additional facilities secured by the schools for recreation, physical and social training.

Under Section 576 Education Act 1976, “parent” includes a child’s natural parents, anyone with parental responsibility for the child or anyone who is caring for a child. The public has no automatic right of entry onto school premises.

When can I be barred?

It is up to schools to define the extent of access to school premises. If you go over this limit, this may be considered trespass. Trespass is a civil offence, and schools can take legal action if an individual repeatedly trespasses on school premises.

If you use abusive or insulting language that endangers staff or students, the school has the authority to withdraw your licence.

What should happen before I am barred?

The headteacher of the school or the local authority should write a letter to you stating that they are barring you from the premises. It is good practice to implement a provisional bar to allow time to respond or find representation. You should be given a reasonable opportunity to make representations.

Alternatively the school can serve a notice of intent, giving you a reasonable time to respond.

How can the bar be removed?

Any bar should be reviewed within a reasonable time frame. If you believe the bar is no longer necessary, you should make written representations to the school or the local authority. It is critical to demonstrate why the reasons for its implementation no longer apply.

Individual cases cannot be reviewed by the Department for Education because they fall outside of its purview.

Can there be criminal consequences to breaching a barring order?

Under Section 547 Education Act 1996, it is a criminal offence for a person who is on school premises without lawful authority to cause or permit a nuisance or disturbance.

Therefore, if you have been barred and still went on to the school premises and caused or allowed a nuisance or disturbance to occur, you may be guilty of a criminal offence. The police would have power to remove you from the school in this situation.

Similarly, if you exceeded the terms of the licence to be on school premises, such as going to the school at a time clearly not mandated by the school policy, and either caused or permitted a nuisance or disturbance to occur, you may be guilty of a criminal offence.