School Discipline and the Law

One of the main concerns of new teachers is how to control unruly pupils in the classroom.

The Education and Inspections Act 2006 added a whole range of disciplinary powers to the teachers' arsenal.

The provisions of the Act apply at any time when pupils are under the control of a teacher, whether in official school time or not. The powers given by the Act also apply to other staff with responsibility for controlling pupils, such as teaching assistants, cover supervisors and lunchtime supervisors.

The Act allows the following:

• Power to discipline pupils for misbehaviour outside the school gates: Schools' discipline and behaviour policies may allow teachers to regulate pupil behaviour when they are off school premises and not under the direct control of school staff. Such instances might include when the pupils are causing a nuisance on their journey to and from school or when off school premises at lunchtime. The teacher could then discipline the pupils concerned on their return to school.
• Punishing poor behaviour: Teachers have power to encourage good and punish bad behaviour. Every school should have an agreed behaviour policy, which sets out a clear framework for managing pupil behaviour.
• Detention: Any pupil under the age of 18 can be put on detention, assuming it is a clearly publicised part of the school's behaviour policy. Parents need to be given 24 hours written notice if the detention occurs outside normal school hours. Parents can let you know if this causes particular inconvenience, but they cannot over-rule your decision.
• Confiscation: There is now a specific legal defence for confiscating an inappropriate item from a pupil where the item is confiscated lawfully. This includes a defence for confiscation, holding onto and disposing of the item provided the actions taken are reasonable. If confiscation is used it must be mentioned in the school's behaviour policy.
• Exclusion: The head teacher has the power to exclude pupils if necessary. This can either be permanently or for a fixed term.
• Searching pupils and their possessions: The head teacher may authorise a search of pupils and their possessions if there is reasonable grounds to do so. At present this law only applies to searches for weapons, but from September 2010 will be extended to searches for alcohol, controlled drugs and stolen property. Reasonable force may be used to execute the search. Pupil searches can be undertaken by school staff apart from teachers, including those employed specifically for the role. Teachers cannot be required to search pupils. Teachers may demand that a pupil turns out their pockets and punish them if they refuse to do so.
  
• Screening pupils for weapons: School staff can scan pupils for weapons using portable wands or screening arches. Teachers cannot be required to screen pupils.
• Use of force to control or restrain a pupil: Teachers can use reasonable force to control or restrain a pupil if this proves necessary to prevent a pupil from committing a criminal offence, causing injury or damage to property, or prejudicing good order and discipline. This would include physically guiding a pupil from the classroom if they had failed to leave when ordered to. Legislation requires schools to record all "significant" instances where a teacher has used force to control or restrain a pupil.

Previously, teachers had been allowed to restrain pupils under common law, with the same authority as parents.

But the Education and Inspections Act 2006 explicitly states that teachers have the right to physically restrain and remove unruly pupils, and impose detention, including sessions outside school hours and on Saturdays.

Welcome news at a time when anti-social behaviour at school and in the wider community is on the rise.