advice for school staff on screening, confiscating

Advice for school staff on screening, confiscating and

use of reasonable force.

January, 2012

Dr Geri Gowans

Rationale:

In the light of changes under the Education Act 2011 there is a need for all schools to review their current policies for ensuring behaviour productive to learning and development, especially with regards to

1. screening

2. searching and confiscation

3. use of reasonable force.

While there is no requirement on the LA to provide any advice, since guidance is given by the Secretary of State, we summarise below the main changes and key government advice as well as providing links to broader advice/research, trusted training providers and best practice.

Use Of Reasonable Force : definitions

Reasonable: the degree of force used should be no more than is needed to achieve the

desired result.

Control: passive physical contact, such as standing between pupils or blocking a pupil's path,

or active physical contact such as leading a pupil by the arm out of a classroom.

Restraint: means to hold back physically[Education Bill 2011; Department for Education advice 2011,12]

Current advice: general • Any policy on the use of reasonable force should acknowledge the

legal duty to make reasonable adjustments for disabled childrenand children with SEN.

• Schools do not require parental consent to use force on a student. • Schools should not have a ‘no contact’ policy. There is a real risk

that such a policy might place a member of staff in breach of theirduty of care towards a pupil, or prevent them taking action needed.

• It is not illegal to touch a pupil. There are occasions when physical

contact, other than reasonable force, with a pupil is proper andnecessary.

• Corporal Punishment is illegal. [Education Bill 2011; Department for Education advice 2011,12]

1. Screening : current advice • Schools’ statutory power to make rules on pupil behaviour and their duty as an employer to manage the safety of staff, pupils and visitors

enables them to impose a requirement that pupils undergo screening.

• Schools can require pupils to undergo screening by a walk-through orhand-held metal detector (arch or wand) even if they do not suspectthem of having a weapon and without the consent of the pupils.

• Any member of school staff can screen pupils

• If a pupil refuses to be screened, the school may refuse to have the pupil on the premises.

• If a pupil fails to comply, and the school does not let the pupil in, the school has not excluded the pupil and the pupil’s absence should be treated as unauthorised. The pupil must comply with the rules and

attend.

• Schools should make clear in their school behaviour policy and in communications to parents and pupils what items are banned.

[Education Bill 2011; Department for Education advice

2011,12]

Power of staff at schools to search pupils: current advice

• Searches without consent can only be carried out on the school premises or, if elsewhere, where the member of staff has lawful control or charge of the pupil, for example on school trips in England or in training settings. The powers only apply in England.

• The person conducting the search may not require the pupil to remove any clothing other than outer clothing

• Staff are empowered, under the Act, to search students if they have reasonable grounds for suspecting students are in possession of a prohibited items,

[Education Bill 2011; Department for Education advice 2011,12]

Prohibited items

• knives or weapons • alcohol • illegal drugs and stolen item• an article which the member of staff reasonably suspects

has been, or is likely to be, used to commit an offence• an article which he as a member of staff, reasonably

suspects, has been used to cause personal injury to, or damage to the property of, any person

• any other item which the school rules identify as an item for which a search may be made


Power of staff at schools to search pupils: current advice

Where in the 1996 Act the teacher had to be the same sex as the person he/she searched and there had to be a witness to the search, the law has been amended in the 2011 Act.

It is now satisfactory if the person carrying out the search reasonably believes that there is a risk that serious harm will be caused to a person if the search is not carried out as a matter of urgency and in the time available it is not reasonably practicable for the search to be carried out in the presence of another member of staff. And in the time available it is not reasonably practicable for the search to be carried out by a person of the same sex .


Advising parents on searches : current advice Schools are not required to inform parents before a search takes place or to seek their consent to search their child.There is no legal requirement to make or keep a record of a search, it is however, best practice

• Schools should inform the individual pupil’s parents or guardians where alcohol, illegal drugs or potentially harmful substances are found, though there is no legal requirement to do so.

• Complaints about screening or searching should be dealt with through the normal school complaints procedure.

It is good practice for schools to speak to parents about serious incidentsinvolving the use of force and to consider how best to record such seriousincidents. Where a member of staff has acted within the law – that is, theyhave used reasonable force in order to prevent injury, damage toproperty or disorder – this will provide a defense to any criminalprosecution or other civil or public law action.


Confiscation: current advice

• A person who seizes an item that is a prohibited item must—

• (a)deliver the item to a police constable as soon as reasonably practicable [weapons, stolen items, drugs etc]

• (b)return the item to its owner

• (c)retain the item

• (d)dispose of the item. With regards to electronic devices, the person who seized the item may examine any data or files on the device, if the person thinks there is a good reason to do so. Following an examination, if the person has decided to return the item to its owner, retain it or dispose of it, the person may erase any data or files from the device if the person thinks there is a good reason to do so.


Records

Records would normally include:

• the pupil’s behaviour, • The pupil’s age, • The level of risk presented at the time of the incident• the degree of force used• the effect on the pupil or member of staff• follow up care


Use Of Reasonable Force : current advice

All members of school staff have a legal power to use reasonable force to: • remove disruptive children from the classroom where they have refused to follow

an instruction to do so

• prevent a pupil behaving in a way that disrupts a school event or a school trip or visit

• prevent a pupil leaving the classroom where allowing the pupil to leave would risk their safety or lead to behaviour that disrupts the behaviour of others

• prevent a pupil from attacking a member of staff or another pupil, or to stop a fight in the playground

• restrain a pupil at risk of harming themselves through physical outbursts

• to prevent pupils from damaging property


Use of Reasonable Force

It is illegal to use force as a punishment.

The decision on whether or not to physically intervene is down to the professional judgment of the staff member concerned and should always depend on the individual circumstances


Complaints: current advice • All complaints about the use of force should be thoroughly, speedily

and appropriately investigated.

• Suspension must not be an automatic response when a member of staff has

been accused of using excessive force.

• Schools should refer to the “Dealing with Allegations of Abuse against Teachers and Other Staff” guidance.

• It is important that schools provide appropriate pastoral care to any member of

staff who is subject to a formal allegation following a use of force incident.

• There is a power, not a duty, to use force so members of staff have discretion whether or not to use it.


Please note

This advice is merely a summary of advice and legislation provided to all the public, by the government and Department for Education, 2011.It is provided here in response to Ealing schools request for such a summary.

thank you,

Dr Geri Gowans LA Lead Behaviour Professional

Ealing LA