Introduction

This Quick Guide covers the law and practice of managed moves. A managed move is used to initiate a process which leads to the transfer of a pupil to another mainstream school permanently

A managed move does not require the family to apply to a new school; it is arranged through mutual agreement between the headteachers.

For directions on using a managed move as an alternative to permanent exclusion, see the Step-by-Step Guide: Finding an alternative to permanent exclusion

For directions on using the relevant law to put arguments to the school's governors, see the Step-by-Step Guide: Preparing written arguments for the governing board

For directions on using the relevant law to put arguments to the IRP, see the Step-by-Step Guide: Preparing written arguments for the independent review panel

The Relevant Law

Managed moves are a voluntary arrangement between schools, meaning there are no circumstances where a headteacher is obligated to agree to a managed move or to participate in finding a new school for a student. However, as with any decision made by a public body, the headteacher’s choice to either engage in or decline the process must be lawful, reasonable, fair, and in line with the guidelines outlined in the exclusions guidance.

Permanent exclusion should be a last resort

The exclusions guidance sets out that a permanent exclusion should only ever be used where it is a last resort. In this context, "last resort" should be read in a common-sense way, meaning that all other options must have been exhausted first.

If a managed move is an available option, but the headteacher refuses to agree to it, then it is reasonable to expect them to provide a good reason for this decision. If they cannot provide a good reason, it may be argued that the exclusion has not been used as a last resort.

Public law principles

Public law principles apply to any decision a school makes, including whether to engage in the managed move process. This means that the decision should be lawful, rational, and fair.

Lawfulness requires that a school only act within the scope of powers that have been granted to it by the law. There is very little law on managed moves, except that families should never feel pressured to accept one under threat of exclusion. If a school attempted to force a managed move on a family in this way, it would likely be unlawful.

Rationality in public law requires that a school consider all relevant information but not irrelevant information before making a decision. Having considered this information, the decisions should be reasonable given the information available. This will mean that a school should consider circumstances relevant to a managed move, such as whether there is a receiving school available, whether it is likely to be successful, and whether it is an option the young person would benefit from.

Fairness in public law is the requirement that proper and fair procedures are followed when coming to a decision. This will mean that a headteacher cannot simply go through the motions of considering a managed move without any intention of actually making it work. If it is reasonable and lawful to pursue one, they should follow that process in good faith, attempting to secure a good outcome for the young person.

The process of a managed move

Although there is a standard process for managed moves, it is not legally established, and it may vary across different regions. Local authorities and schools may have their own specific protocols. 

Managed moves should be offered as part of a planned intervention. The original school should be able to evidence that appropriate initial intervention has been carried out, including, where relevant, multi-agency support, or any statutory assessments were done or explored prior to a managed move.

The managed move should be preceded by information sharing between the original school and the new school, including data on prior and current attainment, academic potential, a risk assessment and advice on effective risk management strategies. It is also important for the new school to ensure that the pupil is provided with an effective integration strategy.

Before recent updates to the exclusion guidance, it was common practice for managed moves to involve a pupil temporarily transferring to another school while remaining on the original school's roll. If the trial period was successful, a formal transfer would occur. However, if the trial was unsuccessful, the managed move would end, and the pupil would return to their original school.

However, this practice appears to have been phased out. The guidance for parents on school exclusions now states the following:

In some cases, your child’s school may decide it is best for your child to move to another school permanently following an off-site direction placement. This is known as a managed move.

Schools should not use a ‘trial period’ or ‘trial admission’ for managed moves, as a managed move is a permanent move to another school.

Once again, it’s difficult to offer clear guidance in this area due to the absence of a statutory framework. However, it seems that the Department for Education (DfE) is of the view that if a trial period is necessary, an “off-site direction” should be issued first, and a managed move could then be considered after the off-site direction has been implemented, if there have been no issues at the receiving school. 

It's important to note that a managed move requires the consent of all parties, including the young person's parents. If a parent believes that they are being pressured into a managed move or is unhappy with a managed move, they can take up the issue through the school’s formal complaints procedure with the governing board and, where appropriate, the local authority.