School behaviour policy

Every school has a behaviour policy, which lists the rules of conduct for pupils before and after school as well as during the school day.

The policy should also say what the school does to prevent bullying.

You can ask the school for a copy of the policy document.

Punishments

Schools can punish pupils if they behave badly.

Examples of punishments (sometimes called ‘sanctions’) include:

• a telling-off
• a letter home
• removal from a class or group
• confiscating something inappropriate for school (eg mobile phone or MP3 player)
• detention

Detention

Schools don’t have to give parents notice of after school detentions or tell them why a detention has been given

Physical contact

School staff can use reasonable force to control and restrain pupils. This could include leading a pupil by the arm into a classroom.

Complaining about a punishment

If you disagree with the way your child’s been punished, first talk to the head teacher. If you’re not satisfied, ask for a copy of the complaints procedure.

Headteachers can exclude your child (also called being ‘expelled’ or ‘suspended’) if they misbehave.

What happens when your child is excluded

Your child’s school will let you know about an exclusion as soon as possible and follow up with a letter including information about how long your child is excluded for and why.

You should also be told how to challenge the exclusion, if you want to.

Exclusions can start the same day but the school can’t make you collect your child straight away.

Risk of prosecution if child is found in public place

For the first 5 school days of an exclusion, it’s your responsibility to make sure your child isn’t in a public place during normal school hours unless there is a good reason.

You might be prosecuted if your child is found in a public place when they’re not supposed to be.

You can get get free legal advice if your child has been excluded.

Types of exclusion

There are 2 kinds of exclusion - fixed period (suspended) and permanent (expelled).

Fixed period exclusion

A fixed period exclusion is where your child is temporarily removed from school. They can only be removed for up to 45 school days in 1 school year.

If a child has been excluded for a fixed period, schools should set and mark work for the first 5 school days.

If the exclusion is longer than 5 school days, the school must arrange full-time education from the 6th school day.

Permanent exclusion

Permanent exclusion means your child is expelled. The local council must arrange full-time education from the 6th school day.

Alternative education and exclusion

The school must tell you about any alternative education they or the local council arrange. It's your responsibility to make sure your child attends.

Contact the school (for fixed period exclusions) or the local council (for permanent exclusions) if they haven’t arranged anything after 5 days, or if you have a complaint about the education.

You can complain to the Department for Education (DfE) if you’re not happy with their response.

Challenging exclusion

The letter from school about the exclusion will tell you how to challenge the decision.

Challenging fixed period exclusion

You can challenge fixed period exclusions if a pupil has been excluded for more than 5 school days in a term or an exclusion will mean they will miss a public exam or national curriculum test. For exclusions of 5 school days or less, parents can ask the governing body to consider their views.

Challenging permanent exclusion

You can challenge permanent exclusion with the governing body. If they agree with the exclusion, you can appeal to the local council or the Academy Trust if the school is an academy. The governing body must tell you how to do this.

Discrimination and other complaints

You can make a claim to a court or a tribunal if you think your child’s been discriminated against. Contact the Equality Advisory Support Service for help and advice.

For more general complaints (eg if you don’t want to challenge the exclusion but you’re not happy with the way the school handled it), follow the normal school complaints process.

Searches without your child’s consent

The school doesn’t need your child’s consent to search them if they think your child has prohibited items:

• weapons, eg knives
• alcohol
• illegal drugs
• stolen goods
• tobacco products, eg cigarettes
• pornographic images (of any kind, eg tabloid topless pictures and ‘lads’ mags’ as well as extreme adult material)
• fireworks
• anything that has been, or is likely to be, used to cause injury or commit an offence
• anything banned in the school rules

These things can be confiscated.

Legal requirements of a search

There should normally be 2 members of staff present during the search - the person doing the search and the search witness. Searches should normally be done by someone the same sex as your child.

The search witness must also be the same sex as your child if possible. Your child must not be asked to remove clothes, other than outer clothing like a coat.

If there’s a risk of serious harm to a person if the search is not conducted immediately, a child may be searched by a person of the opposite sex and without another member of staff present.

Metal detectors

Schools can make pupils go through a metal detector - they don’t have to suspect that your child has a weapon. If your child refuses to go through the metal detector, they can be stopped from coming into school.

Complaining about a search

If you’re unhappy with a search on your child at school, talk to the headteacher. If you’re not satisfied, ask for a copy of the complaints procedure.

You can get free legal advice and information on children’s schooling and education rights from the Coram Children’s Legal Centre.

You can download factsheets from the website or talk to an advisor on the phone.

Coram Children's Legal Centre
www.childrenslegalcentre.com
Telephone: 08088 020 008
Monday to Friday, 8am to 8pm
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