Trespassers

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Schools are not public places to which any member of the public is entitled to have access. Any person who enters without permission is a trespasser. Trespassers may, therefore be asked to leave. Trespass is not a criminal offence, but a matter which may be pursued through the civil courts. However, if a trespasser refuses to leave school premises, or enters after being required to leave, their behaviour may give rise to a criminal offence under section 547 of the Education Act 1996.

Discouraging trespass

Schools may take the following steps to clarify the position regarding trespass:

the governing body's security strategy should make clear that nobody (including governors, staff and pupils) has an unrestricted right of access to the school premises, except those who have a statutory right to enter for certain purposes (e.g. OFSTED and Health and Safety Executive inspectors)
the head teacher (in consultation with the LEA and/or governing body as appropriate) may post notices at entrances to the premises which clarify the terms on which people may enter; such notices should, of course, be welcoming but might also specify that:
- during the day, parents should act as visitors to the school, complying with appropriate school arrangements
- visitors should present themselves at a specified reception point, with a route to it indicated, where necessary
- suppliers, contractors and commercial deliveries should follow separate arrangements
those who have a broad permission to enter (i.e. staff, pupils, contractors, out-of-hours users) can be informed, preferably in writing by standard form letters, of the limitations both in terms of time and place as to their permission to enter the premises.

Such arrangements will not, of course, deter a determined intruder, but they should help ensure that those who do not follow visitor procedures are noticed. They also leave no doubt that the school's premises are private and thus provide a clear basis for treating as a trespasser any person who enters the premise without permission.

Excluding parents from school premises

Where a headteacher is seeking to exclude a parent from school premises, the parent should be afforded the opportunity to provide a written reason why they should not be excluded before a decision is made by the head teacher. Headteachers should be aware of the Court of Appeal Verdict regarding parents' right to enter their children's school. See Hints and Tips for information.

Main text
Legislation
Key documents
Further information
Hints and tips