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Legal, contractual andlegislative issues

in teaching

Adrian JoiceHull NASUWT Local Secretary

Talk Partners . . . 20 seconds

What laws could you break whilst employed as a teacher?

libel – FaceBook, onlineslander - spokensexual assault (allegations )assault (allegations)Health and Safety at Work - negligencebreach of contract – Welsh guy – rescue in Australia

trial by …media, courts,

school Governors etc

Civil law deals with non criminal disputes between individuals, organisations and other bodies in which compensation is awarded to the victim.

Criminal law deals with crime and the legal punishment of criminal offences. Health and Safety at Work etc Act 1974 (HSW Act) is criminal law aimed at protecting employees.

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CONDITIONS OF SERVICE• professional duties as required• specific duties as may reasonably be required by

head

The “Blue Book” (School Teachers’ Pay & Conditions 2013) will apply in the vast majority of schools

(but do check if teaching in an Academy)

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PROFESSIONAL DUTIES

• teaching• “other related activities”• assessment and reports• performance management• development and training• educational methods• discipline• health and safety: • staff meetings• public examinations

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WORKING TIME

• 195 days of which 190 teaching days

• 1265 hours directed time

• the additional work clause which currently states “such additional hours as may be needed”

• Currently under threat from Mr. Gove

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CK: “Blueprint for Sainthood.”

TEACHERS’ STANDARDS : 2012, apply to PGCE+PART TWO: PERSONAL AND PROFESSIONAL CONDUCT

A teacher is expected to demonstrate consistently high standards of personal and professional conduct . . . throughout a teacher’s career.

Teachers uphold public trust in the profession and maintain high standards of ethics and behaviour, within and outside school:

 

• treating pupils with dignity….at all times observing proper boundaries appropriate to a teacher’s professional position

• not undermining fundamental British values, including democracy, the rule of law . . . .• ensuring that personal beliefs are not expressed in ways which exploit pupils’ vulnerability or

might lead them to break the law. (EDF, BNP)• Teachers must have an understanding of, and always act within, the statutory

frameworks which set out their professional duties and responsibilities.

  

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HEALTH AND SAFETY AT WORK ACT 1974

Whilst it still exists

cutting red tape . . .RIDDOR Reporting of Injuries, Diseases and Dangerous Occurrences Regulations

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HEALTH AND SAFETY AT WORK ACT 1974

Extreme?

Bangladesh: 2 garment factory accidents = 1200+ dead.

Paint brush incident - Scotland.

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SCHOOL HEALTH AND SAFETY POLICY

Should include:-• general law and aims• responsibilities of

LEA/Academy Board, Governors and Head

• names of H&S Officer and Representatives

• duties of teachers and other staff

• expectations of pupils

• emergency procedures (evacuation – fire, flood, bomb)

• security issues doors, gates

• accident reporting and recording procedures – all incidents + RIDDOR

• school visits - risk assessment

• intruders and assaults• medical facilities and

arrangements• monitor and review

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DUTIES OF EMPLOYEES• to take reasonable care

– for their own safety– for the safety of others pupil, visitors, parents

• co-operate with those who have duties under the Act fire/safety inspector

• unlawful to misuse anything provided for the purposes of health or safety e.g. fire extinguishers as goalposts

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DUTIES OF TEACHERS

• duty of care and duties under Act correspond

• must be familiar with the school’s Health & Safety policy … induction session

• You can’t ignore something and hope all will be well . . . . .

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DUTY OF CARE

• statutory - by legislation

• contractual - by contract

• pastoral - inherent in the role of teacher

• loco parentis

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NEGLIGENCE• an action which could reasonably have been expected to

contribute, directly or indirectly, to causing harm to a pupil

• a failure to take action to prevent reasonably foreseeable harm to a pupil

No win No fee . . . .

•Stainforth Beck 2000:13 years - same trip. River walk – low risk - 2 girls drownedStaff negligent? Inquest found accidental death.HSE prosecuted the council - £30,000 fine & £50,000 costsStaff suspended for 3 years.

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EQUAL OPPORTUNITIES•Equality Act 2010 (Disability Discrimination Act)

The Equality Act is effective from day 1 of your employment. It is said to provide a modern, single legal framework with clear, streamlined law to more effectively tackle disadvantage and discrimination.

Includes ‘protected characteristics’ of disability, sexuality, age, religion & belief, sex, gender reassignment, pregnancy & maternity, race, marriage & civil partnership

See www.equalityhumanrights.com

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ENSURING THE WELFARE OF CHILDREN

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Loco Parentis(in the place of a parent)

• Usually used to describe responsibilities of a teacher towards the pupil

• Common law duty/responsibility towards pupils

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CHILDREN ACT 1989: Section3(5)

• “A person who ………has a duty of care of the child, may ….do what is reasonable ….for the purpose of safeguarding or promoting the child’s welfare”

?? Nursery incidents – child walking home or railings

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WHAT IS “REASONABLE”• As in Conditions of Service, Duty of

Care, this is not defined.• If teacher knows or suspects harm or

neglect – signs of abuse, behavioural change . . .

• Designated teacher CPO – aware? Then act, report it, otherwise could be professional negligence!

• School is not an investigation agency

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Relationships With Pupils • Sexual Offences Amendment (2000) Act• Abuse of trust: Do not leave yourself vulnerable:

– being alone with pupils open door & advise colleagues

– giving pupils lifts accident, breakdown, allegation?

– accepting or giving gifts to pupils– sending emails or text messages or contact

on social networking sites• Immediately discourage and report any obvious

crushes which are developing

• COMMON SENSE – BE AWARE!

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PHYSICAL CONTACT WITH PUPILS ? ? ? ?

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WHAT IS APPROPRIATE?

• Since the Children Act 1989 a myth has arisen that any physical contact with pupils is unlawful or unprofessional

• Some contact is unavoidable and, in some cases, essential

• However, how this contact takes place is a matter for some care as some actions can be misinterpreted.

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APPROPRIATE CONTACT• support during PE – misinterpretation??

• comfort when distressed – KS1 + 2

• first aid• positioning hands on musical or craft

instruments or, with FS children, computer mouse• children with physical special needs• children in danger of causing harm to

themselves, others or property….. but to stay safe, warn pupils what you are about to do

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PHYSICAL RESTRAINT OF PUPILS

• Section 4, 1997 Education Act added new section 550A to 1996 Education Act.

• Defines circumstances where “reasonable” force may be used to stop or prevent violent behaviour.

• TEAM TEACH – handling of pupils at risk….

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• Consider alternative strategies - use force only if immediate risk

• Send for help• Tell pupil to stop and warn of consequences• Do not use contact which could be construed

as indecent• Tell pupil that force will cease when pupil

complies with instruction• Keep calm and do not display aggression• Many more teachers are accused of assault than negligence…

INCIDENT MANAGEMENT

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• Act on your own only in dire emergency• Isolate offending pupil or remove other pupils

from area of risk• Send for assistance

INCIDENT MANAGEMENT

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WHEN RESTRAINT CAN BE USED

• to stop or prevent– committing a criminal offence– injuring themselves or others– causing damage to property including their own– engaging in conduct prejudicial to good order

and discipline in the school

• this applies in school and during authorised out of school activities e.g. swimming, visits

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• Seek immediate advice of union Rep• Make prompt oral report to Head - general

• Written report as soon as possible but only hand in after it has been checked by union –

I placed my hand gently in the small of his back and soothingly guided him out of the classroom …..

He had been an absolute pain and called me a “Twit” and so I lost it (because he has always known how to wind me up) and so I shoved him out of the classroom and, unfortunately he smashed into the wall and, yes, all the class saw what happened . . . . . .

REPORTING INCIDENTS

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Establish good habits• Know school procedures and policies• Know the relevant regulations (ignorance is

no defence)• If unsure, then ask or research• If there is a problem then get in touch with

your union as soon as possible: confidential advice

• Remember “professional distance”.• You are a teacher not a friend. You could be

a teacher who is friendly BUT …….

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e-safety• Don’t use school computers for personal use• Don’t give out your mobile number or email

address to pupils – is your phone password protected?

• Don’t add pupils as friends on Facebook (or their parents!) Westcott

• Be careful with social networking, e.g. Twitter• What is on YouTube or the web about you?• Know your schools ‘Acceptable Use Policy’

when it comes to internet access, photographing pupils, etc.

• TRUE CRYPT, Recuvva, Ccleaner etc

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To repeat…….because it can’t be said

enough these days!• Erase all evidence of silly, unfortunate, incriminating,

stupid activities on your Bebo/ Facebook/ personal networking sites. Prospective employers will often check to see what they can find and pupils may access your site as well!

• Never, ever, start an inappropriate relationship or give pupils your mobile number, e-mail address or site access details for any reason no matter how sensible it seems ! Your career may be at risk.

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Where next?

• www.nasuwt.org.uk

• www.dfe.gov.uk• Remember – teaching is a great career.

It’s demanding both physically and emotionally but exceedingly rewarding….