Teachers demand right to discipline disruptive pupils

Leaders of the National Union of Teachers say new legislation is necessary to restore respect for the profession in the face of persistent disruption by a growing number of pupils.

They also want national guidance on what restraint techniques they can use against unruly pupils - and lessons in how to put them into effect - amid evidence that teachers are reluctant to break up fights in case they end up being charged with assault.

The demands are spelt out in a new charter on how to behave in schools to be sent to a top-level government working party on school discipline - which is expected to report next month.

Steve Sinnott, the general secretary of the NUT, said: "We want to put a stop to the situation where a teacher tries to discipline a pupil for constant low level disruption in class - and the response is, 'There's nothing you can do to me. My dad says that you can't do that to me.'

"There is a changing culture in this country and teachers' authority is being questioned.

"We're saying it will assist us in developing proper respect for the teacher in all schools and in all situations if we can be given this legal authority."

The code drawn up by the union says: "There remains uncertainty about the legal basis of the authority of teachers. It is not clear whether reasonable actions which teachers can undertake in schools, including disciplinary actions, are beyond legal challenge."

At present, the law says that teachers are in loco parentis and therefore able to administer the kind of reasonable sanction that a parent may take against a child.

However, teachers are reporting that parents are refusing to back them if they put their child in detention - or withdraw them from voluntary games activities as a punishment. They have even questioned whether they should be set homework.

"In loco parentis doesn't mean anything to today's child or parent," said one union leader.

On the question of restraining children, teachers are worried they may face allegations of assault if they intervene to restrain a pupil.

Only last week, a teacher was in court accused of assault after being suspended from school for 12 months.

Willem van Trotsenburg, 51, from Hobart High School in Loddon, Norfolk, was accused of pushing a 14-year-old girl and injuring her arm as he led her from the classroom after she had constantly misbehaved - and refused his request to leave the room.

The judge threw out the case but he may still face a disciplinary hearing by school governors.

Mr Sinnott said: "Teachers are reluctant to intervene when it is essential they do intervene because they are worried about the consequences.

"We want them to have training so that they can deal properly and appropriately with the situation."

A section of the 1996 Education Act enables teachers to use reasonable force to restrain pupils. However, there has been no national guidance or training for teachers on using restraint techniques.

Teachers have been suspended for assault on the word of a pupil for anything up to two years before an allegation is disproved.

The union wants them to have the guarantee of confidentiality until the results of any legal proceedings are known - and for there to be fast-track procedures to deal with allegations.

The union also wants ministers to redraft guidance to schools on expulsions - so that they are allowed permanently to exclude pupils for persistent low-level disruption.

"It may be that one particular incident is not going to be of sufficient order for a child to be excluded," said Mr Sinnott. "However, the continuation of these incidents for lesson after lesson - that's something we believe should be included in any definition of unacceptable pupil behaviour."