Teachers' Legal Responsibilities (Summer school video)

(Michael Gavan) Teachers standards is a document that applies to all teachers in England. - policies and values to uphold

Teachers are required to do all is reasonable to protect the health, safety and welfare of pupils. There are three sources which give rise to and outline these responsibilities.

1. The common Law duty of care.

2. The Statutory duty of care: Children Act 2004.

3. Documents which form part of the employment contract, e.g. the STPCD

The current standard of care expected of a teacher is that of a reasonable person in the circumstance of a teacher..

This duty of care is influenced by individual pupil circumstance, for example: - The subject or activity taught - Teaching PE, will require extra responsibilities around physical health

- The age of the children - Younger students may need extra pastoral care, for example.

- The available resources - If more dangerous resources are available, then the duty of care shifts to protect students from harm.

- The size of the class - If a class is much larger, the duty of care is affected as it becomes difficult to manage the behaviour of students in larger numbers.

According to the advice from the Department of Education, it is not illegal to touch a student. There are occasions when contact is proper and necessary, for example: - Holding the hand of a child, when escorting to assembly

- When comforting a distressed pupil

- In praise

- To demonstrate use of an instrument

- To demonstrate exercises in PE

- To give first aid

Teachers have a statutory power to use reasonable force to prevent pupils:

- From hurting themselves or others

- From committing an offence

- From damaging property

- From causing disorder

If you have a safeguarding concern report it to a safeguarding lead.

Teachers have a power to discipline students. This includes legal right to:

- Impose a penalty for unreasonable behaviour

- Confiscate inappropriate items such as mobiles

- Discipline students who behave badly on the way to and from school

- Impose detention (conditions apply)

The Equality Act (2010) prohibits discrimination against pupils and prospective pupils on the grounds of:

Disability

Pregnancy

Race

Religion

Sex

Sexual Orientation

Trans status

The SEN codes Emphasise:

The importance of working with and taking into account the views of parents and pupils.

The need for early identification and assessment of SEN.

They also describe the conditions for the inclusion of pupils with SEN within mainstream schools

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