header-logo header-logo

15 February 2007 / Nicholas Hancox
Issue: 7260 / Categories: Opinion
printer mail-detail

Policing pupils

Nicholas Hancox argues that head teachers should be allowed to run their schools without police intervention

Police intervention in matters of internal school discipline is encouraged yet again by a new Act of Parliament. This is another step in the unwelcome process of turning errant children into criminals and, although it purports to strengthen the hand of teachers and heads at school, its result is the opposite.

The Violent Crime Reduction Act 2006 (VCRA 2006), s 45 will, when it comes into force, amend the Education Act 1996 (EA 1996) by inserting a new s 550AA. This section will apply in maintained schools, independent schools and EA 1996, s 482 academies.

The new s 550AA allows school heads and those authorised by them to search their pupils for knives and other offensive weapons. But, why the need to legislate? It is hard to imagine, whether in common sense or at common law, that a head teacher who suspects a pupil of carrying a weapon has no power to find and confiscate that weapon. At common law, head teachers are in loco parentis and have a duty,

If you are not a subscriber, subscribe now to read this content
If you are already a subscriber sign in
...or Register for two weeks' free access to subscriber content

MOVERS & SHAKERS

Hogan Lovells—Lisa Quelch

Hogan Lovells—Lisa Quelch

Partner hire strengthens global infrastructure and energy financing practice

Sherrards—Jan Kunstyr

Sherrards—Jan Kunstyr

Legal director bolsters international expertise in dispute resolution team

Muckle LLP—Stacey Brown

Muckle LLP—Stacey Brown

Corporate governance and company law specialist joins the team

NEWS

NOTICE UNDER THE TRUSTEE ACT 1925

HERBERT SMITH STAFF PENSION SCHEME (THE “SCHEME”)

NOTICE TO CREDITORS AND BENEFICIARIES UNDER SECTION 27 OF THE TRUSTEE ACT 1925
Law firm HFW is offering clients lawyers on call for dawn raids, sanctions issues and other regulatory emergencies
From gender-critical speech to notice periods and incapability dismissals, employment law continues to turn on fine distinctions. In his latest employment law brief for NLJ, Ian Smith of Norwich Law School reviews a cluster of recent decisions, led by Bailey v Stonewall, where the Court of Appeal clarified the limits of third-party liability under the Equality Act
Non-molestation orders are meant to be the frontline defence against domestic abuse, yet their enforcement often falls short. Writing in NLJ this week, Jeni Kavanagh, Jessica Mortimer and Oliver Kavanagh analyse why the criminalisation of breach has failed to deliver consistent protection
Assisted dying remains one of the most fraught fault lines in English law, where compassion and criminal liability sit uncomfortably close. Writing in NLJ this week, Julie Gowland and Barny Croft of Birketts examine how acts motivated by care—booking travel, completing paperwork, or offering emotional support—can still fall within the wide reach of the Suicide Act 1961
back-to-top-scroll