|
| |
|
(a) | act in accordance with the current statement made by the governing |
| |
body under section 81(2)(a), and |
| |
(b) | have regard to any notification or guidance given to him under section |
| |
| |
(3) | The standard of behaviour which is to be regarded as acceptable must be |
| 5 |
determined by the head teacher, so far as it is not determined by the governing |
| |
| |
(4) | The measures which the head teacher determines under subsection (1) must |
| |
include the making of rules and provision for disciplinary penalties (as defined |
| |
| 10 |
(5) | The measures which the head teacher determines under subsection (1) may, to |
| |
such extent as is reasonable, include measures to be taken with a view to |
| |
regulating the conduct of pupils at a time when they are not on the premises of |
| |
the school and are not under the lawful control or charge of a member of the |
| |
| 15 |
(6) | The measures determined by the head teacher under subsection (1) must be |
| |
publicised by him in the form of a written document as follows— |
| |
(a) | he must make the measures generally known within the school and to |
| |
parents of registered pupils at the school, and |
| |
(b) | he must in particular, at least once in every school year, take steps to |
| 20 |
bring them to the attention of all such pupils and parents and all |
| |
persons who work at the school (whether or not for payment). |
| |
Enforcement of discipline (including compliance with instructions) |
| |
83 | Meaning of “disciplinary penalty” |
| |
(1) | In this Chapter, “disciplinary penalty” means a penalty imposed on a pupil, by |
| 25 |
any school at which education is provided for him, where his conduct falls |
| |
below the standard which could reasonably be expected of him (whether |
| |
because he fails to follow a rule in force at any such school or an instruction |
| |
given to him by a member of its staff or for any other reason). |
| |
(2) | In subsection (1), the reference to conduct, in relation to a pupil, includes— |
| 30 |
(a) | conduct which occurs at a time when the pupil is not on the premises |
| |
of a school and is not under the lawful control or charge of a member of |
| |
the staff of a school, but only to the extent that it is reasonable for the |
| |
school imposing the penalty to regulate the pupil’s conduct at such a |
| |
| 35 |
(b) | conduct which consists of a failure by the pupil to comply with a |
| |
penalty previously imposed on him. |
| |
84 | Enforcement of disciplinary penalties: general |
| |
(1) | This section applies in relation to a disciplinary penalty imposed on a pupil by |
| |
any school at which education is provided for him, other than a penalty which |
| 40 |
| |
(2) | The imposition of the disciplinary penalty is lawful if the following three |
| |
conditions are satisfied. |
| |
(3) | The first condition is that the imposition of the penalty on the pupil— |
| |
|
| |
|
| |
|
(a) | is not in breach of any statutory requirement or prohibition, and |
| |
(b) | is reasonable in all the circumstances. |
| |
(4) | The second condition is that the decision to impose the penalty on the pupil |
| |
| |
(a) | by any paid member of the staff of the school, except in circumstances |
| 5 |
where the head teacher has determined that the member of staff is not |
| |
permitted to impose the penalty on the pupil, or |
| |
(b) | by any other member of the staff of the school, in circumstances where |
| |
the head teacher has authorised the member of the staff to impose the |
| |
penalty on the pupil and it was reasonable for the head teacher to do so. |
| 10 |
(5) | The third condition is that the decision to impose the penalty was made, and |
| |
any action taken on behalf of the school to implement the decision was taken— |
| |
(a) | on the premises of the school, or |
| |
(b) | elsewhere at a time when the pupil was under the lawful control or |
| |
charge of a member of staff of the school. |
| 15 |
(6) | In determining for the purposes of subsection (3)(b) whether the imposition of |
| |
the penalty is reasonable, the following matters must be taken into account— |
| |
(a) | whether the imposition of the penalty constitutes a proportionate |
| |
punishment in the circumstances of the case, and |
| |
(b) | any special circumstances relevant to its imposition on the pupil which |
| 20 |
are known to the person imposing it (or of which he ought reasonably |
| |
to be aware) including in particular— |
| |
| |
(ii) | any special educational needs he may have, |
| |
(iii) | any disability he may have, and |
| 25 |
(iv) | any religious requirements affecting him. |
| |
(7) | For the purposes of subsection (6)(b)(iii) a pupil has a disability if he has a |
| |
disability for the purposes of the Disability Discrimination Act 1995 (c. 50). |
| |
(8) | A determination or authorisation by the head teacher for the purpose of |
| |
subsection (4)(a) or (b) may be made— |
| 30 |
(a) | in relation to a particular member of staff or members of staff of a |
| |
| |
(b) | in relation to a particular disciplinary penalty or disciplinary penalties |
| |
of a particular description; |
| |
(c) | in relation to a particular pupil or pupils of a particular description or |
| 35 |
generally in relation to pupils. |
| |
(9) | Where the disciplinary penalty is detention outside normal school hours, this |
| |
section has effect subject to section 85. |
| |
(10) | Nothing in this section authorises anything to be done in relation to a pupil |
| |
which constitutes the giving of corporal punishment within the meaning of |
| 40 |
| |
(11) | This section is not to be construed as restricting what may lawfully be done |
| |
| |
(12) | In this section, “paid member of the staff”, in relation to a school, means any |
| |
member of the staff who works at the school for payment, whether under a |
| 45 |
contract of employment or a contract for services; and, for this purpose, it is |
| |
immaterial whether the contract of employment or contract for services is |
| |
|
| |
|
| |
|
made with the governing body or proprietor of the school or with any other |
| |
| |
85 | Enforcement of disciplinary penalties: detention outside normal school hours |
| |
(1) | This section applies in relation to a disciplinary penalty which consists of the |
| |
detention of a pupil outside normal school hours. |
| 5 |
(2) | In relation to a disciplinary penalty to which this section applies, subsection (2) |
| |
of section 84 has effect as if it required the following additional conditions to |
| |
be satisfied, as well as the conditions set out in subsections (3) to (5) of that |
| |
| |
(3) | The additional conditions are— |
| 10 |
(a) | that the pupil has not attained the age of 18, |
| |
(b) | that the head teacher of the school has previously determined, and has |
| |
made generally known within the school and to parents of registered |
| |
pupils at the school, that the detention of pupils outside normal school |
| |
hours is one of the measures that may be taken with a view to |
| 15 |
regulating the conduct of pupils, |
| |
(c) | that the detention is on a permitted day of detention, and |
| |
(d) | that the pupil’s parent has been given at least 24 hours’ notice in |
| |
writing that the detention is due to take place. |
| |
(4) | If arrangements have to be made for the pupil to travel to school for the |
| 20 |
purposes of the detention or to travel home after the detention, then in |
| |
determining for the purposes of the condition in subsection (3) of section 84 |
| |
whether the imposition of the detention is reasonable, subsection (6) of that |
| |
section is to be read as if it also required the question whether suitable |
| |
travelling arrangements can reasonably be made by his parent to be taken into |
| 25 |
| |
(5) | Section 572 of EA 1996, which provides for the methods by which notices may |
| |
be served under that Act, does not preclude a notice under subsection (3)(d) |
| |
from being given to the parent by any effective method. |
| |
(6) | This section is not to be construed as restricting what may lawfully be done |
| 30 |
| |
(7) | In this section, “permitted day of detention”, in relation to a pupil, means any |
| |
| |
(a) | a school day, other than a day on which the pupil has leave to be absent, |
| |
and for this purpose “leave” means leave granted by a person |
| 35 |
authorised to do so by the governing body or proprietor of the school; |
| |
(b) | a Saturday or Sunday during a school term, other than a Saturday or |
| |
Sunday which falls during, or at a weekend immediately preceding or |
| |
immediately following, a half-term break; |
| |
(c) | a day (whether or not during a school term) which is set aside wholly |
| 40 |
or mainly for the performance of duties by members of the staff of the |
| |
school other than teaching, other than such a day which is excluded by |
| |
| |
(i) | in relation to England, by the Secretary of State, and |
| |
(ii) | in relation to Wales, by the Assembly. |
| 45 |
|
| |
|
| |
|
86 | Power of members of staff to use force |
| |
(1) | A person to whom this section applies may use such force as is reasonable in |
| |
the circumstances for the purpose of preventing a pupil from doing (or |
| |
continuing to do) any of the following, namely— |
| |
(a) | committing any offence, |
| 5 |
(b) | causing personal injury to, or damage to the property of, any person |
| |
(including the pupil himself), or |
| |
(c) | prejudicing the maintenance of good order and discipline at the school |
| |
or among any pupils receiving education at the school, whether during |
| |
a teaching session or otherwise. |
| 10 |
(2) | This section applies to a person who is, in relation to a pupil, a member of the |
| |
staff of any school at which education is provided for the pupil. |
| |
(3) | The power conferred by subsection (1) may be exercised only where— |
| |
(a) | the member of the staff and the pupil are on the premises of the school |
| |
| 15 |
(b) | they are elsewhere and the member of the staff has lawful control or |
| |
charge of the pupil concerned. |
| |
(4) | Subsection (1) does not authorise anything to be done in relation to a pupil |
| |
which constitutes the giving of corporal punishment within the meaning of |
| |
| 20 |
(5) | The powers conferred by subsection (1) are in addition to any powers |
| |
exercisable apart from this section and are not to be construed as restricting |
| |
what may lawfully be done apart from this section. |
| |
(6) | In this section, “offence” includes anything that would be an offence but for the |
| |
operation of any presumption that a person under a particular age is incapable |
| 25 |
of committing an offence. |
| |
87 | Defence where confiscation lawful |
| |
(1) | This section applies where, as a disciplinary penalty— |
| |
(a) | an item which a pupil has with him or in his possessions is seized, and |
| |
(b) | the item is retained for any period or is disposed of. |
| 30 |
(2) | A person who seizes, retains or disposes of the item is not liable in any |
| |
proceedings in respect of— |
| |
(a) | the seizure, retention or disposal (as the case may be), or |
| |
(b) | any damage or loss which arises in consequence of it, |
| |
| if he proves that the seizure, retention or disposal (as the case may be) was |
| 35 |
lawful (whether or not by virtue of section 84). |
| |
(3) | Nothing in this section applies where an item is seized under section 550AA of |
| |
EA 1996 (provision as to what is to be done with such an item being made by |
| |
| |
(4) | This section is not to be construed as preventing any person relying on any |
| 40 |
defence on which he is entitled to rely apart from this section. |
| |
|
| |
|