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Education & Inspections Education & Inspections Act 2006 Including Use of Force Act 2006 Including Use of Force

Guidance.Guidance.

Education & Inspections Act 2006Education & Inspections Act 2006

Section 93 of EIA 2006 replaces Section 550A Section 93 of EIA 2006 replaces Section 550A of the Education Act 1996of the Education Act 1996

Teachers have been allowed to restrain pupils Teachers have been allowed to restrain pupils under common law, with the same authority under common law, with the same authority as parents.as parents.Previous guidelines on discipline were not Previous guidelines on discipline were not clear enough – unsure if they had the law on clear enough – unsure if they had the law on their sidetheir side

New measures include :New measures include :

Legal right to confiscate inappropriate items, Legal right to confiscate inappropriate items, such as mobile phones or music players.such as mobile phones or music players.

Statutory powers to discipline pupils on the Statutory powers to discipline pupils on the way to & from school (travelling on buses or way to & from school (travelling on buses or trains ).trains ).

Greater legal scope & flexibility in giving Greater legal scope & flexibility in giving detentions ( inc. after school or Saturdays )detentions ( inc. after school or Saturdays )

A legal duty to make provision to tackle all A legal duty to make provision to tackle all forms of bullyingforms of bullying

Reasonable forceReasonable force

There is still no legal definition of There is still no legal definition of reasonable reasonable force.force.

The Act strengthens the legal power for school The Act strengthens the legal power for school staff in their use of force to prevent pupils staff in their use of force to prevent pupils from:–from:–

Committing a crimeCommitting a crime Causing injury:Causing injury:

damagedamagedisruption disruption

Weapon searchesWeapon searches

Legislation in the Violent Crime Reduction Act Legislation in the Violent Crime Reduction Act 20062006

Allows HT to search groups of pupils,Allows HT to search groups of pupils,if they suspect knife carrying.if they suspect knife carrying.

Schools can use metal-detector arches & Schools can use metal-detector arches & wands to carry out - random, non-intrusive wands to carry out - random, non-intrusive searches for weapons.searches for weapons.

[see article Jan 07 Sec Teachers,no.48 – A Safe Place to Learn:[see article Jan 07 Sec Teachers,no.48 – A Safe Place to Learn:re George Mitchell Sch., Waltham Forest.]re George Mitchell Sch., Waltham Forest.]

School disciplineSchool discipline

2006 Ofsted reported that pupil behaviour is 2006 Ofsted reported that pupil behaviour is satisfactory or better in almost all schools satisfactory or better in almost all schools inspected.inspected.

Fewer than 1: 10 HT said that behaviour was Fewer than 1: 10 HT said that behaviour was among their top three concernsamong their top three concerns

Quote Quote

Jim Knight , Minister of State for Schools :Jim Knight , Minister of State for Schools :

“ “The new power to discipline puts an end to The new power to discipline puts an end to the culture of, you can’t tell me what to do, the culture of, you can’t tell me what to do, which a few arrogant pupils or abusive which a few arrogant pupils or abusive parents have sneered at teachers.” parents have sneered at teachers.”

School discipline policy School discipline policy

Every HT is required to draw up & publicise a Every HT is required to draw up & publicise a discipline policy.discipline policy.

Bring it to the attention of pupils , parents & staff Bring it to the attention of pupils , parents & staff at at leastleast once a year. once a year.

Essential elements are strategies to tackle Essential elements are strategies to tackle Bullying / racial & sexual harassmentBullying / racial & sexual harassment

The policy on detentionsThe policy on detentions

It should:It should: Promote self- discipline & proper regard for Promote self- discipline & proper regard for

authority among pupils.authority among pupils.

Encourage good behaviour & respect for others.Encourage good behaviour & respect for others.

Ensure pupils’ standards of behaviour is Ensure pupils’ standards of behaviour is acceptable.acceptable.

Regulate students conduct.Regulate students conduct.

School discipline policy School discipline policy

Working with parentsWorking with parents

Effective partnership between schools & parents is Effective partnership between schools & parents is key to good discipline. [Ofsted report 2005]key to good discipline. [Ofsted report 2005]

New in force from Sept 2007 include :New in force from Sept 2007 include : Parent contracts to ensure parents tackle problem Parent contracts to ensure parents tackle problem

behaviour before the point of exclusion.behaviour before the point of exclusion. Parents to take responsibility in the 1Parents to take responsibility in the 1stst five days of five days of

exclusion to ensure their child is not found in a public exclusion to ensure their child is not found in a public place without reasonable justification.place without reasonable justification.

Education provision to be made for all excluded Education provision to be made for all excluded pupils from day 6, rather than the current day 16pupils from day 6, rather than the current day 16

School PartnershipsSchool Partnerships

By Sept 2007 all Secondary schools are By Sept 2007 all Secondary schools are expected to expected to work togetherwork together to improve: to improve: behaviour & persistent truancybehaviour & persistent truancy to share expertiseto share expertise & make better use of the national support & make better use of the national support available.available.

Local Authorities are expected to devolve Local Authorities are expected to devolve funding (commissioning support & provision for funding (commissioning support & provision for at risk pupils- exclusions, persistent truants )at risk pupils- exclusions, persistent truants )

Use of ForceUse of Force

This updated guidance replaces and supersedes DFES Circular This updated guidance replaces and supersedes DFES Circular 10/98.It provides clarity of purpose and process. 10/98.It provides clarity of purpose and process.

Strong emphasis on staff training in de-escalation strategies Strong emphasis on staff training in de-escalation strategies alongside physical intervention skills alongside physical intervention skills

(Para 41); on documentation that underpins practice, such as (Para 41); on documentation that underpins practice, such as positive handling plans (Para 23b) positive handling plans (Para 23b)

Specific areas to cover in policy construction (Annex “A” Page Specific areas to cover in policy construction (Annex “A” Page 16-19) and the recording and reporting of incidents. (Para 43-51 16-19) and the recording and reporting of incidents. (Para 43-51 and Annexe “B” Page 19)and Annexe “B” Page 19)

Explicit Key Messages:Explicit Key Messages:

• The guidance acknowledges the potential for injury to The guidance acknowledges the potential for injury to both pupils and staff involved in physical intervention both pupils and staff involved in physical intervention responses. (Para 37)responses. (Para 37)

• Schools should have a policy on the use of reasonable Schools should have a policy on the use of reasonable force to control or restrain pupils ( Para 18) force to control or restrain pupils ( Para 18)

• The Policy should be approved formally by the The Policy should be approved formally by the governing body and made known to staff, pupils and governing body and made known to staff, pupils and parents ( Para 18)parents ( Para 18)

No Touch Policy!No Touch Policy!

No school should have a policy of “ No Physical No school should have a policy of “ No Physical contact” (Para 19)contact” (Para 19)

All staff – authorised and unauthorised – need to All staff – authorised and unauthorised – need to understand their powers and the options open to understand their powers and the options open to them. They need to know what is acceptable and them. They need to know what is acceptable and what is not ( Para 20)what is not ( Para 20)

Search for WeaponsSearch for Weapons

Although the guidance acknowledges that reasonable Although the guidance acknowledges that reasonable force may be used in exercising the statutory power force may be used in exercising the statutory power introduced under section 45 of the violent Crime introduced under section 45 of the violent Crime reduction act 2006 to search pupils without their reduction act 2006 to search pupils without their consent for weapons, there is a clear and strong consent for weapons, there is a clear and strong emphasis that advises schools NOT to search a pupil emphasis that advises schools NOT to search a pupil where resistance is expected, but rather to call the where resistance is expected, but rather to call the police. (Para 16) police. (Para 16)

Parents & PHP’sParents & PHP’s

Schools need to develop Positive Handling plans for Schools need to develop Positive Handling plans for Individual pupils assessed as being at greatest risk of Individual pupils assessed as being at greatest risk of needing restrictive physical interventions in needing restrictive physical interventions in consultation with the pupil and his or her parents consultation with the pupil and his or her parents (Para 23b) Such plans would include strategies to (Para 23b) Such plans would include strategies to prevent and deal with any recurrence of behaviour prevent and deal with any recurrence of behaviour that could lead to the use of force ( Para 57)that could lead to the use of force ( Para 57)

RecordsRecords

Schools should keep an up to date record of staff who are authorised to Schools should keep an up to date record of staff who are authorised to use force (Para 24b)use force (Para 24b)

School leadership teams are advised to assess the frequency and School leadership teams are advised to assess the frequency and severity of incidents requiring the use of force (Para 31) severity of incidents requiring the use of force (Para 31)

It is good practice for governors to monitor incidents where force has It is good practice for governors to monitor incidents where force has been used. Head teachers have an important role in reporting such been used. Head teachers have an important role in reporting such incidents to the governing body. (Para 54) incidents to the governing body. (Para 54)

An incident Report form involving the use of restrictive physical An incident Report form involving the use of restrictive physical intervention is likely to form part of the pupil’s educational record. intervention is likely to form part of the pupil’s educational record. Schools should retain records of such incidents until the member of staff Schools should retain records of such incidents until the member of staff involved has reached normal retirement age or for 10 years from the date involved has reached normal retirement age or for 10 years from the date of allegation if that is longer. (Para 51)of allegation if that is longer. (Para 51)

TrainingTraining

The guidance provides schools with information The guidance provides schools with information about the BILD accreditation scheme as a source for about the BILD accreditation scheme as a source for schools and local authorities with regard to identifying schools and local authorities with regard to identifying organisations that offer training in the use of force organisations that offer training in the use of force and related techniques such as de-escalation. and related techniques such as de-escalation. ( Para 41)( Para 41)