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iram a
iram a, Advocate
Category: Law
Satisfied Customers: 1570
Experience:  Principal at IA Solicitors
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What is in the legal 'right' for a teacher to punish a

Customer Question

What is in the legal 'right' for a teacher to punish a student for misbehviour
Assistant: Where is this? It matters because laws vary by location.
Customer: We live in mid Glamorgan, Wales went to Bryn cylrnnog comp.
Assistant: What steps have you taken so far?
Customer: Outside forces are preventing us so far
Assistant: Anything else you want the lawyer to know before I connect you?
Customer: The teacher told others to ignore us while we hyperventilated, isolated for disagreeing with her, ignored when approaching staff member about the misbehaviour and border-line assault from other students
Submitted: 3 months ago.
Category: Law
Expert:  iram a replied 3 months ago.

i am reviewing

Customer: replied 3 months ago.
Thanks
Expert:  iram a replied 3 months ago.

hi

i can help with your question.

government has issued new guidance about school discipline. It clearly sets out the roles and responsibilities for governing bodies, headteachers and teachers regarding behaviour and discipline. It unequivocally restores adult authority to the classroom. It makes clear:

  • Schools should not have a ‘no touch’ policy. It is often necessary or desirable for a teacher to touch a child (dealing with accidents or teaching musical instruments).
  • Teachers have a legal power to use reasonable force. They can use force to remove a pupil who is disrupting a lesson or to prevent a child leaving a classroom.
  • Heads can search without consent for an extended list of items including alcohol, illegal drugs and stolen property.
  • Heads have the power to discipline pupils who misbehave outside the schools premises and outside schools hours.
  • Schools must have measures in place to deal with bullying both in and outside of school.

The guidance also protects teachers from malicious allegations:

  • Heads can temporarily or permanently exclude pupils who make false allegations. In extreme circumstances, they can involve the police if there are grounds for believing a criminal offence has been committed.
  • Schools should not automatically suspend teachers accused of using force unreasonably where other alternatives exist.
  • All but the tiny number of the most complex cases should be resolved within three months and the vast majority should be resolved in four weeks.
  • Malicious, unsubstantiated or unfounded allegations should not be included in employment references.

The new Education Bill currently going through the House of Lords will also:

  • Extend teachers’ powers to search pupils for any items that have, or could be, used to cause harm or break the law, and for items banned by school rules.
  • Stop appeals panels sending excluded children back to the school from which they were excluded.
  • Give teachers anonymity when facing allegations.
  • Remove the requirement on schools to give parents 24 hours notice of detention.

i hope it will help you.

please you give 5 star to encourage me to help people

Customer: replied 3 months ago.
In your professional opinion would isolation & ignoring need for medical attention be covered by these laws
Expert:  iram a replied 3 months ago.

i personally believe as a professional, if there is any problem with the child, teacher should report to the disciplinary committee and to the management instead punishing. I believe both isolation and ignoring would be difficult to defend in a critical situation. So you must be extra careful when dealing with child. Your every act must covered by law.

Expert:  iram a replied 3 months ago.

Hello, I see you have read my response to your query. Could you please let me know if it has answered your original question? You can simply reply on here with a quick ‘Yes, thanks’ and I won’t bother you again. Thank you