Part 7 – Discipline in Schools

Introduction

Part 7 of the Education & Inspections Act 2006 focuses on school discipline, setting out powers and responsibilities for schools to maintain good order and behaviour among pupils. It provides a legal framework for headteachers, teachers, and other authorised staff to implement and enforce disciplinary measures, including the use of reasonable force and powers to confiscate inappropriate items.

This document examines the key provisions of Part 7 and their relevance to maintaining discipline while safeguarding pupils’ rights and welfare.

Key Provisions of Part 7

1. Duty to Promote Good Behaviour 
   
   • Headteachers must establish and maintain a behaviour policy that promotes respect, good behaviour, and discipline.
   • The behaviour policy should be communicated to pupils, parents, and staff, ensuring transparency and consistency.
2. Disciplinary Powers 
   
   • Schools have the authority to discipline pupils for:
     
     • Behaviour on school premises.
     • Behaviour off school premises that affects the school community or its reputation.
3. Use of Reasonable Force
   
   • Teachers and authorised staff may use reasonable force to:
     
     • Prevent pupils from causing harm to themselves or others.
     • Prevent damage to property.
     • Maintain discipline during incidents where behaviour is seriously disruptive.
   • Force must always be proportionate and used as a last resort.
4. Confiscation of Items
   
   • Staff may confiscate items that:
     
     • Pose a threat to safety.
     • Are prohibited by the school’s behaviour policy.
     • Disrupt the learning environment.
5. Exclusion Powers
   
   • Headteachers have the authority to exclude pupils for serious breaches of school behaviour policies.
   • Exclusions may be temporary (fixed-term) or permanent, depending on the severity of the incident.
   • The decision to exclude must be lawful, reasonable, and fair, with a clear appeals process for parents.

Relevance to Schools

Part 7 empowers schools to maintain order while safeguarding pupils’ rights. The provisions are designed to balance discipline with fairness, ensuring that actions taken by staff are proportionate, consistent, and respectful of pupils’ dignity.

Behaviour Policy Requirements

• Schools must have a clearly defined behaviour policy that aligns with Part 7, outlining rules, disciplinary measures, and escalation procedures.
• Policies should include guidance on rewards for good behaviour and sanctions for poor behaviour.

Staff Training

• Teachers and staff must receive training on:
  
  • Using reasonable force appropriately.
  • Understanding the legal framework for confiscation and exclusions.
  • De-escalation techniques to manage challenging behaviour.

Safeguards for Pupils

While Part 7 provides schools with disciplinary powers, it also includes safeguards to ensure pupils’ rights and well-being are protected:

1. Proportionality: Disciplinary actions must be proportionate to the behaviour in question, considering factors such as the pupil’s age, maturity, and circumstances.
2. Clear Communication 
   
   • Pupils and parents must understand the behaviour policy and the consequences of breaking it.
   • Explanations should be provided when disciplinary measures are applied.
3. Avoiding Harm
   
   • The use of reasonable force must avoid causing unnecessary harm or humiliation.
   • Physical interventions should only be used when there is an immediate risk of harm or to prevent serious disruption.
4. Review of Exclusions
   
   • All exclusions must be reviewed, and parents must have the right to appeal to the school’s governing body.
   • Schools must provide alternative education for excluded pupils.

Practical Applications for Education Providers

1. Developing and Implementing Behaviour Policies 
   
   • Policies should reflect the school’s ethos and align with legal requirements.
   • Involve pupils, parents, and staff in creating behaviour policies to foster understanding and buy-in.
2. Managing Challenging Behaviour
   
   • Ensure staff are trained in de-escalation techniques to minimise the need for physical intervention.
   • Use restorative approaches to address the root causes of poor behaviour and promote reconciliation.
3. Using Reasonable Force Safely
   
   • Establish clear guidelines on when and how force may be used.
   • Record all incidents involving physical intervention and review them to identify lessons learned.
4. Confiscating Items Responsibly 
   
   • Maintain clear records of confiscated items and ensure they are returned or disposed of appropriately.
   • Avoid actions that could be seen as unfair or excessive, such as permanently confiscating personal property without justification.
5. Handling Exclusions Appropriately
   
   • Use exclusions as a last resort and explore alternative measures where possible.
   • Provide support to pupils returning from exclusion to help them reintegrate successfully.

Compliance and Monitoring

Schools must ensure they meet their legal obligations under Part 7 by:

• Regularly reviewing behaviour policies to ensure they remain effective and compliant.
  – Monitoring the use of disciplinary measures, including force and exclusions, to identify trends or areas for improvement.
• Engaging with external bodies such as local authorities or safeguarding boards to ensure best practices are followed.

Summary