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Education and Inspections Bill


Education and Inspections Bill
Part 7 — Discipline, behaviour and exclusion
Chapter 1 — School Discipline

66

 

(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

81(2)(b).

(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

body.

(4)   

The measures which the head teacher determines under subsection (1) must

include the making of rules and provision for disciplinary penalties (as defined

by section 83).

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

staff of the school.

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

time, and

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

consists of exclusion.

(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—

 
 

Education and Inspections Bill
Part 7 — Discipline, behaviour and exclusion
Chapter 1 — School Discipline

67

 

(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

was made—

(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—

(i)   

the pupil’s age,

(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

particular description;

(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

section 548 of EA 1996.

(11)   

This section is not to be construed as restricting what may lawfully be done

apart from this section.

(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

 
 

Education and Inspections Bill
Part 7 — Discipline, behaviour and exclusion
Chapter 1 — School Discipline

68

 

made with the governing body or proprietor of the school or with any other

person.

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

section.

(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

account.

(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

apart from this section.

(7)   

In this section, “permitted day of detention”, in relation to a pupil, means any

of the following days—

(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

regulations made—

(i)   

in relation to England, by the Secretary of State, and

(ii)   

in relation to Wales, by the Assembly.

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Education and Inspections Bill
Part 7 — Discipline, behaviour and exclusion
Chapter 1 — School Discipline

69

 

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

in question, or

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

section 548 of EA 1996.

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

that section).

(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.

 
 

 
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