The right to refuse to admit persistently disruptive pupils does not currently exist for teachers. To establish such a legal right changes would be required to both teachers’ contracts of employment and to regulations governing exclusion. If this right were to be established it may bring a risk of legal challenge directly to teachers.

Teachers may be entitled to refuse to admit persistently disruptive pupils, if there is a demonstrable risk to the teacher, other adults or pupils.  Such risks are likely to exist when pupils exhibit violence or aggressive behaviour. Legal protection can be enhanced by pursuing the matter through Institute policy on industrial action.  There will be circumstances when a teacher may require to admit a pupil following discussion with the Head Teacher.  This matter should be pursued by Local Associations as part of the raft of strategies to improve discipline set out in the comprehensive policy paper on Pupil Indiscipline.