Section 16: Removal of truants and excluded pupils to designated premises etc., Crime and Disorder Act 1998

This section applies where a local authority—

designates premises in a police area (“designated premises”) as premises to which children and young persons of compulsory school age may be removed under this section; and

notifies the chief officer of police for that area of the designation.

A police officer of or above the rank of superintendent may direct that the powers conferred on a constable by subsections (3) and (3ZA) below—

shall be exercisable as respects any area falling within the police area and specified in the direction; and

shall be so exercisable during a period so specified;

and references in each of those subsections to a specified area and a specified period shall be construed accordingly.

If a constable has reasonable cause to believe that a child or young person found by him in a public place in a specified area during a specified period—

is of compulsory school age; and

is absent from a school without lawful authority,

the constable may remove the child or young person to designated premises, or to the school from which he is so absent.

If a constable has reasonable cause to believe that a child or young person found by him in a public place in a specified area during a specified period and during school hours—

is of compulsory school age,

has been excluded on disciplinary grounds from a relevant school for a fixed period or permanently,

remains excluded from that school,

has not subsequently been admitted as a pupil to any other school, and

has no reasonable justification for being in the public place,

the constable may remove the child or young person to designated premises.

Subsection (2) shall have effect in relation to The British Transport Police Force; and for that purpose the reference to any area falling within the police area shall be treated as a reference to any area in a place specified in section 31(1)(a) to (f) of the Railways and Transport Safety Act 2003.

In subsection (3ZA), “school hours” means any time during a school session of the school referred to in paragraph (b) of that subsection or during a break between sessions of that school on the same day.

A child’s or young person’s absence from a school shall be taken to be without lawful authority unless the child or young person is prevented from attending by sickness or other unavoidable cause or the absence falls within subsection (3) (leave or day set apart for religious observance) of section 444 of the Education Act 1996.

In this section—

“British Transport Police” means the force of constables appointed under section 53 of the British Transport Commission Act 1949 (c. xxix);
“local authority” means—
(a)in relation to England, a county council, a district council whose district does not form part of an area that has a county council, a London borough council or the Common Council of the City of London;
(b)in relation to Wales, a county council or a county borough council;
. . .
“public place” has the same meaning as in Part 2 of the Public Order Act 1986;
“relevant school” has the meaning given by section 111 of the Education and Inspections Act 2006;
“school” has the same meaning as in the Education Act 1996.

Section 16: Removal of truants and excluded pupils to designated premises etc.

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