The law is supplemented by guidance: Behaviour and discipline in schools: a guide for teachers and school staff.
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 she/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.