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Baroness Blatch moved Amendment No. 132:
- After Clause 200, insert the following new clause—
The noble Baroness said: My Lords, the amendment addresses an important issue for maintained schools. It allows the head teacher to take disciplinary action against any pupil or pupils who have committed an offence, or caused a nuisance in a public place, if the child can be identified as being of a particular school.
I know I went to school a million years ago, but it was commonplace that if you brought your school into disrepute outside the school by behaving badly, when you arrived the next morning the school would take disciplinary action against you. Not only would disciplinary action be taken at home but the school also would take a dim view.
We are constantly wringing our hands in this Chamber about what we are going to do about disaffected youth and increasing incidents of poor behaviour in the classroom. The amendment gives us the opportunity of another shot in the armoury for schools to deal with such problems. I beg to move.
Baroness Ashton of Upholland: My Lords, a head teacher of any maintained school, including foundation or voluntary aided schools may already—as the noble Baroness referred to from her own experience as a young person—take disciplinary action against a pupil for behaviour that occurs outside school premises if there is a clear link between the misconduct in question and the promotion of good behaviour and discipline on the part of the school's pupils.
This will be a matter of judgment for the head teacher, who will take into account the likely impact of the misconduct on the life of the school. The same
The revised draft guidance on school exclusions makes it clear that where a school-related incident is also subject to a police investigation which may result in criminal prosecution proceedings, the head teacher may exclude the pupil in question. In those circumstances, before excluding, the head teacher must take into account a number of factors: first, the seriousness of the allegation made against the pupil by another pupil or member of staff at the school; secondly, whether the allegation may result in criminal proceedings being brought; and finally whether, pending the outcome of any criminal proceedings, the pupil's presence in school is likely to have an adverse effect on the complainant and other potential witnesses and on the promotion of good order and discipline generally.
It is important that there are checks on the head teacher's discretion as it would be entirely inappropriate for the head teacher to take such action unless he or she was satisfied of the seriousness of the impact of the alleged offence on the school.
Regardless of whether criminal proceedings result, in all cases where a pupil's action was entirely unconnected with the school, we consider it to be both undesirable and unreasonable to expect the head teacher to take disciplinary action.
Generally speaking, at times when a school does not have charge of its pupils outside school hours and off the school premises, it will not have a general duty either to its pupils or anyone else to police pupils' activities. That is rightly principally the duty of the children's parents and, where criminal offences are concerned, the police.
I would be cautious about raising expectations that a school should continue to have general disciplinary responsibility for a pupil when he is not within the school's control other than in the limited circumstances identified by the Court of Appeal in the Bradford Smart case; for example, if it were reasonable for a teacher to intervene if he saw one pupil attacking another near the school gates. It will also clearly extend further afield if the pupils are on a school trip, educational, recreational or sporting.
However, there should be no opportunity for parents in particular to rely on a school to take action to avoid their own responsibility for their child's discipline. Furthermore, where there are already laws and law enforcers in existence to deal with anti-social behaviour in public, it does not seem necessary also to make pupils, already subject to those laws, the responsibility of the school in the circumstances where the school would not otherwise be involved. If a school were to be expected to take action in such circumstances, it would also be a burden and impractical for it to investigate a complaint of misbehaviour, irrespective of where or when it was alleged to have occurred.
Perhaps I may repeat the point with which I began. The head teacher of any maintained school may already take disciplinary action against a pupil for behaviour that occurs outside the school premises if there is a clear link between the misconduct in question and the promotion of good behaviour and discipline on the part of a school's pupils.
For the reasons I have given, I hope that the noble Baroness will feel able to withdraw her amendments.
Baroness Blatch: My Lords, I find it difficult to understand how one establishes a clear link. Let me give two examples. The first is of a child in school uniform away from the school's buildings being very rude to an old person: not sufficiently rude as to require a policeman to take criminal charges against a child. Would the fact that the child was recognisable as a child of that school be a link with the school? The second example is of a child out of uniform but identifiable as belonging to a particular school behaving in a similar way and causing a nuisance or disturbance, but which fell short of being a criminal offence but was nevertheless regarded as a real nuisance. I am not sure what the Minister means by establishing a link.
The Minister referred to parents and I have to agree with her on one point. She said that parents have a responsibility, but, sadly, many parents either collude with their children or have no interest in their children's behaviour. Their children are out at all hours and are committing offences and causing nuisance. The parents turn a blind eye to all of that. Again, if the school is being bought into disrepute, and if the school takes that seriously, is it not understandable that the school would want to consider excluding such a child or at least consider the situation the following day in school? The complainant might be the old lady who was being harassed by a child, so should not the school take that seriously and take action?
The noble Baroness was speaking about the serious end of behaviour, but I am talking about the community nuisance, disturbance, offensive behaviour which falls short of criminal behaviour. If it is criminal behaviour, there is another remedy, but if it is not, the school and the parents should be allowed to act. The Minister seems to believe that a link should be established, but I do not know what a link is. It would be helpful to know whether in the examples I have given a link would be established and in what way.
Baroness Ashton of Upholland: My Lords, I mean the noble Baroness no disrespect by not responding. It is in part through my understanding of the procedures of the House on Report.
I sought to indicate that the head teacher can indeed do the things for which the noble Baroness asks. It is for the head teacher to consider the likely impact on the life of the school. If the head teacher believes that the attitude and behaviour of a pupil, perhaps on his way home from school wearing the school uniform, was relevant to that consideration he or she could take disciplinary action.
Schools are not acting in loco parentis in that context. On a Saturday or Sunday the school is closed and the teachers are nowhere near it. The child is wearing jeans and a T-shirt and is operating well within the jurisdiction of the parent but not of the school. I do not believe that it is the job of our schools to be entirely responsible for the behaviour of the children. But where the head teacher believes there to be a link—it is a matter of discretion—the head teacher can act.
Baroness Blatch: My Lords, I am grateful for that. There is considerable discretion for the school. The link is a matter for the head teacher to decide and that head teacher would be supported. I beg leave to withdraw the amendment.
Amendment, by leave, withdrawn.
Schedule 20 [Nuisance or disturbance on educational premises]:
Baroness Blatch moved Amendment No. 133:
The noble Baroness said: My Lords, under Schedule 20 schools have a protection against a person who without authority causes or permits nuisance or disturbance to the annoyance of persons who lawfully use the premises. I see no reason why nursery schools should not be included.
Section 547 of the Education Act 1996 is amended by Schedule 20 of the Bill. Section 547 relates to nuisance or disturbance on educational premises caused by any person who is present without authority. Such persons would be guilty of an offence and liable on summary conviction to a fine. But this protection does not appear to be enjoyed by nursery schools.
I have taken the trouble to rewrite Section 547 with all the amendments set out in Schedule 20. Where all other schools are named, it makes eminent sense to include nursery schools. I note that there is a reference to grant-maintained schools although they do not exist. That does not appear to have been amended. I hope that the Minister will agree that if other schools are protected from this kind of unruly, unattractive and in some cases threatening behaviour, a nursery school is as deserving of protection as a primary school, secondary school, or any other school. I beg to move.
"NUISANCE OR DISTURBANCE OFF EDUCATIONAL PREMISES
Where a pupil or pupils of a foundation or voluntary aided school, who are clearly identifiable as being pupils of that school, are guilty of committing an offence, or cause nuisance or disturbance in a public place or behave in a manner offensive to a reasonable member of the public, the head teacher of the school shall have full authority to apply the disciplinary code of the school to the pupil or pupils, even if the offence, nuisance or disturbance is committed outside school premises or outside school hours."
Page 189, line 8, at end insert—
"(ac) any nursery school"
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