Schools are private property. People do not have an automatic right to enter. Parents have an ‘implied licence’ to come on to school premises at certain times, for instance:
1.1. For appointments
1.2. To attend a school event
1.3. To drop off or pick up children
Anyone who breaks these rules will be trespassing. Refer to section 2 for consequences of trespassing.
Trespassing is a civil offence. This means that the school can ask someone to leave, write to regular trespassers to tell them that they are potentially committing an offence and take civil action in the courts if someone trespasses regularly and will.
2.2. Barring an Individual
The school can bar someone from the premises if they feel that their aggressive, abusive or insulting behaviour or language is a risk to staff or pupils. Action will be taken if a member of staff or a pupil feels threatened.
The School Director will inform an individual in writing that it intends to bar them. They will be allowed to make an appeal to Board of Governors should they feel that they have been treated unjustly.
• The school will bar them temporarily, until they have had the opportunity to formally present their side.
• They will be invited, in writing, to present their side by a set deadline
• After the individual’s side has been heard, the school can decide whether to continue with barring them. The decision will be reviewed within 5 working days of the deadline set.
• The Individual will be informed of the School’s decision in writing, and this decision will be final.
It is a criminal offence for a person who is on school premises without legal permission to cause or permit a nuisance or disturbance. Trespassing itself does not constitute a criminal offence but can be considered a civil offence.
To have committed a criminal offence, an abusive individual must have been barred from the premises or have exceeded their ‘implied licence’, then also have caused a nuisance or disturbance.
If a school has reasonable grounds to suspect that someone has committed an offence, then they can be removed from the school by a police officer or a person authorised by the Board of Governors