Most schools use detention of pupils after school as part of their code of discipline and sanctions. This code is normally published in the school prospectus and/or school rules, thus bringing the policy to the attention of parents, although guidance issued in August 1998, made clear that schools may use detention as a sanction “irrespective of parental consent”.

In broad terms, the use of detention as a sanction is lawful, provided that it is for such a period or imposed in such circumstances that it is consistent with ‘reasonable parental discipline’, i.e. would this disciplinary measure be in line with what a reasonable parent would do in those particular circumstances?

Teachers should be clear on the school policy on detention and should ensure that they apply it at all times. However, even when the use of detention as a disciplinary measure conforms to school rules, it is important for teachers to act fairly and reasonably in all circumstances and to be aware of each child’s particular situation. The following factors must always be considered:

- have parents been given at least 24 hours prior notice of the detention;
- the age and sex of the pupil;
- the distance between the school and the child’s home;
- the quality of travel facilities;
- the child’s ability to cope with the journey alone;
- the hours of daylight;
- crossing patrol availability.

[N.B. DfEE guidance issued in 2000 makes clear that: 'mere inconvenience to parents' is not grounds for withdrawing or changing a detention.]

It is also important to note that an otherwise lawful detention may become unlawful if it is imposed indiscriminately. Detention should be used to punish only those who have committed an offence. Keeping a whole class in when the guilty party or parties cannot be identified is generally regarded as bad practice and could be deemed unlawful if tested in court.

The statutory framework governing the detention of pupils on disciplinary grounds is contained in Section 5 of the 1997 Education Act.

A further issue is raised by the Human Rights Act 1998, in which it is stated that the detention of a minor can occur for the purpose of “educational supervision”. This may limit the practice used by some schools of having pupils on detention carry out ‘useful’ tasks such as picking up litter or cleaning off graffiti.