Education Secretary Michael Gove recently announced that he would be giving teachers a ‘new’ power to punish pupils who misbehave outside school premises.
However, the power already exists under the Education and Inspections Act 2006 s.89 which states that a school’s behaviour policy may, to such extent as is reasonable, include measures to regulate conduct of pupils when they are not on the premises of the school. Is Gove saying that he will extend the power by removing the caveat of reasonableness?
Gove also states that he wants to ensure that the balance of power in the classroom changes and put teachers back in charge. Teachers are already in charge, but perhaps lack the confidence to exercise their powers through fear of criticism and reproach which could result in a legal challenge. Teachers would benefit greatly from clear guidance on how best to exercise the power.
Posted by Mark Blois, who specialises in advice to schools, colleges, and local authorities on the full range of legal issues, both contentious and non-contentious including changes of category, reorganisations, governance, commercial arrangements, special educational needs, disability discrimination, admissions, exclusions and safeguarding.
Mark Blois
0115 976 6087
mblois@brownejacobson.com
