Section A: Professional Framework

(5)   Schools must be seen to be taken action against bullying. Give TWO reasons in which

        a school may seek to discourage and prevent bullying:

1. By staff acting, and being seen to be acting, firmly against bullying. If staff fail to respond to reported or observed incidents this may be interpreted as condoning the behaviour.

2. The school should declare that bullying will not be tolerated and that all incidents will be  

        taken seriously.

(6)   Give the FOUR circumstances in which a teacher has the right to use reasonable force in

        order to restrain a pupil:

 When pupils are:

1. committing a criminal offence, including behaving in a way that would be an offence if the pupil were not under the age of criminal responsibility

2. causing personal injury to, or damage to the property of, any person, including pupils’

         own property

3. engaging in any behaviour prejudicial to the maintenance of good order and discipline at

        the school or among any of its pupils, whether that behaviour occurs during a teaching  

        lesson or otherwise

4. causing damage to property

(7)     “Home – School Agreements will help parents to work more effectively with their

         child’s school,” (DFEE 1999)

(a)     Give any THREE issues that are typically included in a Home-School Agreement:

i.       The HSA reminds parents of the importance of regular attendance and arriving to school  

         on time. It also points out parents responsibilities and the legal implications if this has

         not been adhered to  

ii.      Parents are encouraged to support the school by maintaining good behaviour

         and discipline for their child

iii.     Parents are expected to support the school’s homework policy. The school draws up a

         written statement, which includes guidelines on the amount of homework that is  

         required

(b)    Briefly discuss (i.e. 50 -100 words) the DFEEs claim that a Home-School

         Agreement will help parents and teachers work more effectively together:

A  H.S.A encourages parents to become more involved with their child’s time at school, which involves supporting their spiritual, moral, cultural and social development. It encourages parents and teachers to communicate effectively, for example by discussing any social or academic problems their child may have encountered. It also provides parents with the opportunity to discuss what they expect from the school and to contact the headteacher or governing body if the school fails to meet the H.S.A.  Furthermore it emphasises the importance of good behaviour, attendance and punctuality, which will help their child to develop qualities that are valued by employers.

 

SECTION B CASE STUDIES

B1

Although the school has chosen to open its doors at 8.30 a.m. the school day does not start until 8.50 a.m. Arrangements therefore have to be made to supervise early arrivals. In this case if a teacher has not volunteered to supervise, before the school day begins then they cannot be held accountable. It is the headteacher‘s duty to draw up a system, which allows for adequate cover during this period and the school governors responsibility to ensure that adequate supervision has been carried out. The school also must publish to parents the start and finish times of the school day. If these procedures have not been met, then the school maybe held responsible.

In this case there should have been a member of staff in the playground to prevent such an incident occurring.

B2

In this case the teacher is acting within the boundaries of the law and he/she has used a systematic approach to deal with the pupil’s misbehaviour. As a last resort it would appear that the teacher has had to “block his path…” According to Circular 10/98 this is perfectly acceptable as there is no evidence of physical force or even contact. Indeed if the pupil became aggressive the teacher would be entitled to use some degree of restraint i.e. they can ‘touch, hold, push, pull… However, if the teacher applied physical punishment, for example slapping and punching this would be considered unacceptable and unlawful.

B3

Although the teacher has established what task the pupils are expected to carry out we do not know whether he/she has carried out an appropriate risk assessment. For example are the groups of pupils positioned in a safe location whilst they are observing the traffic? If they are not then the pupils are exposed to foreseeable dangers. Also is there adequate supervision? Although there is no specific ratio of adult and pupils it is typically between 1:8 or 1:10. The headteacher is ultimately responsible for the appropriate supervision.

If the teacher has considered all possible eventualities and has acted in ‘loco parentis’ throughout bearing in mind that a level of freedom must be given to this age group, then negligence cannot be claimed against the teacher or school.

B4

Practicalities have to be considered. Can the school afford to employ an assistant for extra support or advanced hearing aid equipment? Also adjusting the lesson to suit the individual needs of the hearing impaired boy may affect the learning process of the rest of the pupils in the class. If the teacher has made reasonable changes to accommodate the boy’s needs i.e. allowed him to sit in the front of the class and perhaps altered his/her speech and whenever possible provided individual support; then the teacher cannot be held responsible. Appropriate provision will have therefore been made as outlined under the SENDA Act 2001.

B5

Teaching boys and girls separately does not necessarily mean that one group is favoured more than the other. Providing that the boys and girls are given equal access to courses and facilities and they are treated equally then gender discrimination will not have taken place. ‘Equal does not have to mean the same.’ In this case changing the setting arrangements… is purely in the interests of both sexes as studies have shown that boys and girls respond differently to different stimulus materials.

B6

In this case the teacher only appears to have heard ‘raised voices’ and not exactly what words have been exchanged. The headteacher would have to be informed. If the girl did tell the Lunchtime Supervisor to F***Off, then this would be regarded as unacceptable behaviour, as it clearly undermines the authority of the supervisor and the school. Disciplinary action would have to be enforced. However, if the supervisor was acting unprofessionally and had provoked the girl by ‘speaking rudely’ to her then this matter may need to be discussed privately with the headteacher. As the Children’s Act 1989 states “that a person who has care of a child must do all that is reasonable under the circumstances to safeguard or promote the child’s welfare.”

NAME: SEAN RUSSELL

LANCASTER UNIVERSITY

EDGE HILL

SECONDARY FLEXIBLE

PROFESSIONAL STUDIES

MODULE: SPV 310

TITLE: “TEACHERS AND THE LAW”

SUBMITTED BY:   FRIDAY 30th  JANUARY  2004

                                                                52 Green Lane

                                                                Mossley Hill

                                                                Liverpool

                                                                L18 6HD

                                                                Tel: 0151 724 6669        

17th January 2004

Rob Foster

Faculty Of Education

St Helens Road

Ormskirk

LANCS

L39 4QP

Dear Rob

Please find enclosed my completed “Teachers and the Law” assignment as requested by you.

Yours sincerely

Sean Russell