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Sanctions and discipline
The school or college discipline policy should state clearly what sanctions are available and who has the power to impose them.
Teachers, lecturers and support staff should clarify what authority they have to impose punishments, and if there are circumstances where they must refer an issue to a senior colleague.
Sanctions and punishments
The school or college should publish an escalating system of sanctions ranging from removal from classes, loss of privileges, reporting to senior staff, contact with parents/guardians, being placed on 'report' and behaviour 'contracts', through to temporary exclusions (suspension from school or college) and, ultimately, expulsion (permanent exclusions).
The Education Act sets down detailed controls on some of these sanctions. For example, only the headteacher/principal can exclude a student from school or college - and he or she must observe a procedure when doing so.
Corporal punishment is not a legitimate sanction and is illegal.
Detention
The Education and Inspections Act 2006 sets out clear rules as to who can give a detention, when it can take place, what notice must be given and whether parents can opt out. The law is supplemented by guidance: School discipline and pupil behaviour policies (via TeacherNet website).
Schools should publish clear policies on school discipline and pupil behaviour, making clear when and how detention may be imposed.
Maintained schools are entitled to impose detentions, even without parental consent. They have to observe four statutory requirements, however:
detention must be an established sanction, made known generally both within the school and to parents
the punishment must be imposed by the head or another authorised teacher
the detention must be reasonable
parent(s) must have been given at least 24 hours' notice in writing.
In assessing reasonableness, the act highlights a number of relevant issues: the pupil's age, any special educational needs s/he may have, any religious requirements applicable, whether suitable alternative travel arrangements can reasonably be made by the parent, and whether the detention constitutes a 'proportionate punishment in the circumstances of the case'.
Even a casually imposed instruction to 'stay behind after school for five minutes' must satisfy the rules as to reasonableness and notice to parents. Above all, teachers must be careful that the detention can be justified as appropriate to the offence.
Need further advice?
Your first point of contact is your ATL rep in your school or college. Your local ATL branch is also available to help with queries, or you can contact ATL's member advisors on tel: 020 7930 6441 or email us. Please have your membership number to hand when telephoning and include it with any correspondence - this will help us to answer your query more quickly.
You may also wish to call: the out-of-office-hours helpline, tel: 020 7782 1612; our stress helpline, tel: 08705 234 828; our crisis helpline, tel: 08705 234 838, or our personal injury claims line, tel: 0800 083 7285.