How Long Can a School Confiscate a Phone
What's the law on confiscating a pupil'due south mobile phone?
Confiscation has been a hot topic on social media this week. Ramona Derbyshire clarifies schools' and teachers' legal rights
If a teacher confiscates a mobile phone (or something else of value) from a student and it and then gets cleaved or lost, who is responsible, and who must therefore conduct the cost of replacing the item? Is information technology the teacher, the pupil or the school? And what does the police force say about how long information technology is reasonable to withhold such items from pupils?
Legally, the schoolhouse has taken possession of the educatee's holding. Yet, Section 94 of the Education and Inspections Human activity 2006 states that where a teacher disciplines a pupil by confiscating an item, neither the teacher nor the school will be liable for any loss or damage to that detail. Every bit, there is no statutory liability on schools for items that go missing in other means.
This will no doubt come every bit a relief to schools. Still, there are some caveats to all this.
Outset, the disciplinary penalty must be lawful. This ways the activity must be reasonable, proportionate and imposed past an authorised person (usually a paid fellow member of the teaching staff) and not in breach of any statutory requirement or prohibition. The deed does requite some helpful guidance on considerations to be taken when deciding if such a penalty is reasonable: these include deciding whether the penalization is proportionate in all the circumstances, and whether at that place are any personal characteristics relevant to the pupil, including their historic period, special educational needs, disability or any religious requirements (e.g. dress) affecting the imposition of the penalty.
2d, the school's policy on items such as mobile phones and other electronics should be communicated clearly to the educatee and their parents or guardians. They should be told that bringing such items into schoolhouse is done and then at their own risk. The policy should also outline what is considered acceptable telephone use and that the school retains the right to confiscate items for inappropriate apply.
The schoolhouse owes a duty to each kid in its care
Third, when school staff confiscate such items they should also take reasonable steps to ensure their safety, such every bit storing them in lockers in the staff room.
However, even if the school adheres to all the to a higher place, boosted complications can arise. Picture the following scenario: the parents of the student whose phone has been removed lodge a complaint with the head the following day. Their child was unable to call home, telling their parents they had been held back for detention, or decided to stay on for a revision session that night; this caused untold worry for the parents, who were left in the dark and unable to get concur of their child.
In curt, the school owes a duty to each child in its care, requiring it to do what is reasonable to protect the health, prophylactic and welfare of children and dependent on the facts of each individual instance. Following the guidance from the deed, confiscating a educatee's phone overnight for a student who is older, lives locally and is not otherwise vulnerable is likely to be seen as more reasonable than a younger child, or one with special needs, whose telephone may be an important condom particular.
In summary, the police force does protect the teacher and schoolhouse, provided the guidelines are followed.
Ramona Derbyshire is a partner at Thrings
Source: https://schoolsweek.co.uk/whats-the-law-on-confiscating-a-pupils-mobile-phone/
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