Centre of excellence for research and teaching Secondary PGCE Induction Your responsibilities as a teacher

University ofSchool of Southampton Education Your responsibilities as a teacher  What do you need to know about to be a teacher?

University ofSchool of Southampton Education Your responsibilities as a teacher  What constitutes professional misconduct?  What steps do you take if you suspect child abuse?  What physically contact can you legally make with a child/young person as a teacher?  When can you physically restrain a child?  Can you legally put a pupil into detention without the parents’ permission?  What are the responsibilities of a teacher under the Race Relations Act and Amendment Act?  What are your responsibilities for SEN?

University ofSchool of Southampton Education Your responsibilities as a teacher  Statutory frameworks  All the standards are underpinned by the five key outcomes for children and young people identified in Every Child Matters and the six areas of the Common core of skills and knowledge for the children’s workforce. The work of practising teachers should be informed by an awareness, appropriate to their level of experience and responsibility, of legislation concerning the development and well- being of children and young people expressed in the Children Act 2004, the Disability Discrimination Acts 1995 and 2005 and relevant associated equality duty and guidance, the special educational needs provisions in the Education Act 1996 and the associated Special educational needs code of practice (DfES 2001), the Race Relations Act 1976 as amended by the Race Relations (Amendment) Act 2000, associated Race Equality Duty, and the guidance Safeguarding children in education (DfES 2004). (taken from the introduction to the new Standards for 2007)

University ofSchool of Southampton Education Your responsibilities as a teacher  Q3a Be aware of the professional duties of teachers and the statutory framework within which they work  Q3b Be aware of the policies and practices of the workplace and share in collective responsibility for their implementation

University ofSchool of Southampton Education CHILDREN ACT 2004  The main provisions of this will be discussed separately in the lecture ‘What is ECM?’  You have a duty to promote the safety and well- being of children and young people

University ofSchool of Southampton Education MISCONDUCT  Under the Education (Teachers) Regulations 1995, the Secretary of State has the power to act in cases of misconduct. There is no definition of misconduct in the regulations but it is generally deemed to be:  Being convicted of a criminal offence  Behaviour which might lead to prosecution for a criminal offence  Abuse of a teacher’s position of trust, or a breach of the standards of propriety expected of the profession (e.g. a sexual relationship between teacher and pupil).  Sexual Offences (Amendment) Act 2000 stipulates that it is a criminal offence for someone over the age of 18 who is in a position of trust to engage in sexual activity with someone under the age of 18.  Further information is available from:  DfEE Circular No 11/  Sexual Offences (Amendment) Act  GTC(E) Code of Conduct and Practice for Registered Teachers - df

University ofSchool of Southampton Education DUTY OF CARE FOR PUPILS  Teachers have a common law duty of care for pupils which arises from their being in loco parentis (in place of the parent) - usually interpreted as caring for their pupils in a similar manner to a reasonable and caring parent.  ensure you take reasonable steps to ensure the safety of the pupils and not act in a careless or reckless way which might expose them to danger.  can only be held responsible for events or accidents which are reasonably foreseeable.  think about risk assessment to evaluate potential hazards taking into account the particular needs, characteristics and capabilities of the pupils, the school environment etc.  particularly relevant during off-site visits when teachers must ensure that they are fully aware of the safety instructions which apply to the whole group and that they know exactly which particular pupils are in their care. (For further information refer to the DfES 1998 good practice guide Health and Safety of Pupils on Educational Visits.)  Further information is available from:  Teachernet (Care and Safety of Pupils) -  Teachernet (Health and Safety on Educational Visits) – 

University ofSchool of Southampton Education DUTY OF CARE FOR PUPILS  The Children Act 1989 states that ‘A person who a) does not have parental responsibility for a particular child; but b) has care of the child, may …do what is reasonable in all the circumstances of the case for the purpose of safeguarding or promoting the child’s welfare.’  This part of the Act places direct responsibility on teachers for the welfare of children in their care. What is ‘reasonable’ is not defined, but as with the common law duty of care teachers should take appropriate steps to safeguard their pupils in the face of any potential danger.  Further information is available from:  The Children Act

University ofSchool of Southampton Education DUTY OF CARE FOR PUPILS  Child Abuse  teachers must understand the meaning of child abuse and be able to recognise the signs; generally abuse is seen as neglect, physical, sexual and emotional. However, if teachers suspect or know that one of the children in their care is being abused they must not take direct action but follow the procedures outlined below.  Seek information from the child with tact and sympathy. If the child tells you they have been abused:  Do not interrupt, yours is a listening role.  If questions are needed to clarify understanding, they should be open and not lead the child in any way i.e. “Tell me what happened”.  Report orally to the designated senior person in your school immediately.  Make a note of the discussion, as soon as is reasonably practicable (but within 24 hours) to pass on to the designated senior person. The note should record the time, date, place and people who were present as well as what was said.  Do not promise confidentiality as you have an obligation to pass on the information to the school who may then have to liaise with other agencies.  You may subsequently be required to support or monitor the child, contribute to an assessment or assist in implementing child protection plans.

University ofSchool of Southampton Education  Child abuse may be identified by outward signs of abuse, changes in behaviour or failure to develop  Bruises, lacerations and burns may be apparent, particularly when children change their clothes for physical education and sports activities  Possible indicators of physical neglect, such as inadequate clothing, poor growth, hunger or apparently deficient nutrition  Possible indicators of emotional abuse, such as excessive dependence or attention- seeking, may be noticeable  Possible signs of sexual abuse may exhibit physical signs, or lead to a substantial behavioural change including precocity or withdrawal  These signs and others can do no more than give rise to suspicion - they are not in themselves proof that abuse has occurred.  For more information, including how to identify child abuse, refer to DFEE Circular 10/95 Protecting Children from Abuse: The Role of the Education Service. 

University ofSchool of Southampton Education APPROPRIATE PHYSICAL CONTACT  DfEE Circular 10/98  Physical contact may be necessary to demonstrate exercises or techniques during PE lessons, sports coaching, or CDT, or if a member of staff has to give first aid.  Young children and children with special educational needs may need staff to provide physical prompts or help.  Touching may be appropriate where a pupil is in distress and needs comforting, especially if they are very young.  DFES Safeguarding Children in Education (2004)  Physical restraint may be necessary in an emergency to prevent a child from harm or to prevent them from causing harm to themselves or others. In a situation where a teacher would be failing in their duty of care if they did not intervene physically they must be as careful as possible that this action cannot be misconstrued and they should never touch pupils, however casually, in ways or on parts of the body that may be considered indecent.

University ofSchool of Southampton Education APPROPRIATE PHYSICAL CONTACT  Be aware that some children may be particularly sensitive to physical contact because of their cultural background, or because they have been abused and physical contact with pupils becomes increasingly open to question as pupils reach and go through adolescence.  Teachers are especially at risk of their actions being misconstrued in one to one situations and during extra-curricular activities and such misunderstandings may lead to accusations of professional misconduct or even child abuse.  Further information is available from:  DFES Safeguarding Children in Education (2004) - publications.teachernet.gov.uk/default.aspx?PageFunction=productdet ails&PageMode=publications&ProductId=DFES  DfEE Circular 10/98 - 

University ofSchool of Southampton Education BEHAVIOUR AND DISCIPLINE  Section 550A of the Education Act 1996  The act states that teachers are entitled to use a degree of force which is reasonable in all the circumstances to prevent a pupil from doing any of the following:  Committing a criminal offence;  Injuring themselves or others;  Causing damage to property (including their own)  Engaging in behaviour prejudicial to maintaining good order and discipline at the school.  What constitutes reasonable force is not defined and always depends on the particular circumstances of the case, but:  Use of force can only be regarded as reasonable if all the circumstances require it; and  The degree of force used must be proportionate to the circumstances and seriousness of the incident, bearing in mind the age and sex of the child.  Staff should always avoid touching or holding a pupil in a way that might be considered indecent.

University ofSchool of Southampton Education BEHAVIOUR AND DISCIPLINE  Where the risk is not so urgent, teachers should:  Remain calm throughout  Consider carefully whether the use of force is appropriate  Attempt to defuse the situation by other means  Use force only when other methods have failed  Tell the pupil to stop and what will happen if they do not  Keep talking to the pupil and explain that restraint will cease when it is no longer necessary.

University ofSchool of Southampton Education BEHAVIOUR AND DISCIPLINE  Sometimes a teacher should not intervene in an incident without help (except in an emergency) eg. when dealing with an older pupil, a physically large pupil or more than one pupil or if he/she is at risk of personal injury. In this case the teacher should remove other pupils from the scene and send for assistance from colleagues and, if necessary, the Police. He/she should then inform the pupil(s) that help has been sent for and, in the meantime, continue to attempt to defuse the situation orally.  Incidents should always be reported immediately to a senior member of staff. There also needs to be a written report of the incident and it may be appropriate to seek assistance with this from a superior.  Further information is available from:  DFES Circular 10/98 - The use of force to control or restrain pupils -  %20-%20Guidance%20on%20the%20use%20of%20force.pdf

University ofSchool of Southampton Education THE USE OF DETENTION AS A PUNISHMENT  Section 5 of the 1997 Education Act and Section 92 of the Education and Inspections Act 2006 make it clear that pupils under 18 years of age can be legally detained after school hours and on some weekend and non-teaching days without parental consent under the following conditions:  Pupils and parents have been informed that the school uses detentions as a sanction.  The school gives parents 24 hours’ written notice of detentions outside school sessions. This is intended to inform parents of where their child is expected to be, and to allow parents an opportunity to make alternative arrangements for travel for the child. Parental consent for detention is not required.  Further information is available from:  Teachernet (School Policies on Discipline) -   DFES (Detention: The Law and how to apply it):  0(text).doc

University ofSchool of Southampton Education THE LAW AGAINST DISCRIMINATION  it is unlawful to discriminate against a person either directly or indirectly on the grounds of gender, age, race, disability, religion or belief, sexual orientation and gender reassignment  schools not only need to avoid discrimination, but also to promote equality for all THE RACE RELATIONS ACT 1976 AND AMENDMENT 2000  schools must have a specific race relations policy document  schools should have strategies in place:  to help raise the attainment levels of ethnic minority pupils,  to promote equality of opportunity and  to promote good relations between persons of a different race and nationality  schools should assess and monitor the impact of policies on pupils, staff and parents, in particular the attainment levels of pupils from different racial groups.

University ofSchool of Southampton Education EDUCATIONAL AND SOCIAL INCLUSION  The Education Act 1996 requires schools to ensure that the needs of all pupils are met – as far as is practicable – within the context of mainstream education.  The principles which underpin a more inclusive curriculum are:  Setting suitable learning challenges;  Responding to pupils’ diverse learning needs; and  Overcoming potential barriers to learning and assessment for individuals and groups of pupils  Further information is available from:  National Grid for Learning Inclusion - inclusion.ngfl.gov.uk  Multiverse –

University ofSchool of Southampton Education SPECIAL EDUCATIONAL NEEDS  Under the 2001 Act LEAs are required to educate children with SEN in mainstream schools unless they have a statement and their inclusion in mainstream education is against the wishes of their parents or can be proved to be detrimental to the education of other pupils within the school  SEN Code of Practice (2002) ( ctice.pdf) outlines roles and responsibilities