TEACHERS AND THE LAW |
Discipline and Sanctions |
Presentation and Case Studies
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The Detention of Pupils on
Disciplinary Grounds |
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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. |
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Next section - Confiscation of
Pupils' Property |
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