Threatened Detention

Some snippets for you:

http://webarchive.nationalarchives.gov.uk/20130401151715/https://www.education.gov.uk/publications/eOrderingDownload/Behaviour%20and%20discipline%20in%20schools%20-%20A%20guide%20for%20head%20teachers%20and%20school%20staff.pdf

Punishing poor behaviour

What the law allows:

13. Teachers can discipline pupils whose conduct falls below the standard which could reasonably be expected of them. This means that if a pupil misbehaves, breaks a school rule or fails to follow a reasonable instruction the teacher can impose a punishment on that pupil.

14. To be lawful, the punishment (including detentions) must satisfy the following three conditions:

1) The decision to punish a pupil must be made by a paid member of school staff or a member of staff authorised by the head teacher;

2) The decision to punish the pupil and the punishment itself must be made on the school premises or while the pupil is under the charge of the member of staff; and

3) It must not breach any other legislation (for example in respect of disability, special educational needs, race and other equalities and human rights) and it must be reasonable in all the circumstances.

15. A punishment must be proportionate. In determining whether a punishment is reasonable, section 91 of the Education and Inspections Act 2006 says the penalty must be reasonable in all the circumstances and that account must be taken of the pupil’s age, any special educational needs or disability they may have, and any religious requirements affecting them.

Matters schools should consider when imposing detentions

26. Parental consent is not required for detentions.

27. As with any disciplinary penalty a member of staff must act reasonably, as described in paragraph 15 above, when imposing a detention.

28. With lunchtime detentions, staff should allow reasonable time for the pupil to eat, drink and use the toilet.

Detentions outside school hours

29. School staff should not issue a detention where they know that doing so would compromise a child's safety. When ensuring that a detention outside school hours is reasonable, staff issuing the detention should consider the following points:

 Whether the detention is likely to put the pupil at risk.

 Whether the pupil has known caring responsibilities which mean that the detention is unreasonable.

 Whether the parents ought to be informed of the detention. In many cases it will be necessary to do so, but this will depend on the circumstances. For instance, notice may not be necessary for a short after school detention where the pupil can get home safely.

 Whether suitable travel arrangements can be made by the parent for the pupil. It does not matter if making these arrangements is inconvenient for the parent.

Some snippets for you:

http://webarchive.nationalarchives.gov.uk/20130401151715/https://www.education.gov.uk/publications/eOrderingDownload/Behaviour%20and%20discipline%20in%20schools%20-%20A%20guide%20for%20head%20teachers%20and%20school%20staff.pdf

Punishing poor behaviour

What the law allows:

13. Teachers can discipline pupils whose conduct falls below the standard which could reasonably be expected of them. This means that if a pupil misbehaves, breaks a school rule or fails to follow a reasonable instruction the teacher can impose a punishment on that pupil.

14. To be lawful, the punishment (including detentions) must satisfy the following three conditions:

1) The decision to punish a pupil must be made by a paid member of school staff or a member of staff authorised by the head teacher;

2) The decision to punish the pupil and the punishment itself must be made on the school premises or while the pupil is under the charge of the member of staff; and

3) It must not breach any other legislation (for example in respect of disability, special educational needs, race and other equalities and human rights) and it must be reasonable in all the circumstances.

15. A punishment must be proportionate. In determining whether a punishment is reasonable, section 91 of the Education and Inspections Act 2006 says the penalty must be reasonable in all the circumstances and that account must be taken of the pupil’s age, any special educational needs or disability they may have, and any religious requirements affecting them.

Matters schools should consider when imposing detentions

26. Parental consent is not required for detentions.

27. As with any disciplinary penalty a member of staff must act reasonably, as described in paragraph 15 above, when imposing a detention.

28. With lunchtime detentions, staff should allow reasonable time for the pupil to eat, drink and use the toilet.

Detentions outside school hours

29. School staff should not issue a detention where they know that doing so would compromise a child's safety. When ensuring that a detention outside school hours is reasonable, staff issuing the detention should consider the following points:

 Whether the detention is likely to put the pupil at risk.

 Whether the pupil has known caring responsibilities which mean that the detention is unreasonable.

 Whether the parents ought to be informed of the detention. In many cases it will be necessary to do so, but this will depend on the circumstances. For instance, notice may not be necessary for a short after school detention where the pupil can get home safely.

 Whether suitable travel arrangements can be made by the parent for the pupil. It does not matter if making these arrangements is inconvenient for the parent.