§ Mr. WrayTo ask the Secretary of State for Education and Skills what protection is given to teachers who have violent and aggressive pupils who pose a threat to their safety. [80980]
§ Mr. Stephen TwiggViolence, threatening behaviour and abuse against school staff or other members of the school community will not be tolerated. Section 64 of the School Standards and Framework Act gives a headteacher the authority to permanently exclude a pupil. Departmental guidance makes it clear that violent and aggressive pupils who pose a risk to teachers' or other pupils' safety can be permanently excluded for a first offence. The Secretary of State would normally regard it as inappropriate to re-instate a pupil who has been permanently excluded in circumstances involving actual or threatened violence against another pupil or member of staff.
Section 550A of the Education Act 1996 clarifies the powers of teachers, and other staff to use reasonable force to prevent pupils posing a threat to their safety in committing a crime, or causing injury, damage or disruption.
Further guidance is available in the form of a Departmental Circular 10/98, "Section 550A of the Education Act 1996: The Use of force to Control or Restrain Pupils". An additional guidance document is available for staff working in special schools catering for pupils with severe behavioural difficulties. This joint 62W DfES/Department of Health guidance is entitled "Circular 0242/2002 Guidance on the Use of Restrictive Physical Interventions for Staff Working with Children and Adults who Display Extreme Behaviour in Association with Learning Disability and/or Autistic Spectrum Disorders".
Section 550A clarifies the general principle that anyone has the right to defend themselves against an attack provided they do not use a disproportionate degree of force to do so.
§ Mr. WrayTo ask the Secretary of State for Education and Skills how many teachers have been assaulted by pupils in each year since 1997. [80981]
§ Mr. Stephen TwiggMy Department has not collected this information. However, 135 serious injuries to teachers in Great Britain caused by physical violence were reported to the Health and Safety Executive in both 1999–2000 and 2000–01; data for 2001–02 is not yet available. This figure includes major injuries, and also injuries which resulted in more than three days' absence from work, as a result of assault reported to the HSE under the Reporting of Injuries, Diseases and Dangerous Occurrences Regulations 1995. Information is not available on whether the assaults were carried out by pupils, parents or others.
§ Mr. WrayTo ask the Secretary of State for Education and Skills what proposals he has to ensure that teachers who protect themselves from violent pupils are not prosecuted; and if he will make a statement. [80982]
§ Mr. Stephen TwiggSection 550A of the Education Act 1996 clarifies the powers of teachers, and other staff to use reasonable force to prevent pupils committing a crime, or causing injury, damage or disruption. Further guidance is available in the form of a Departmental Circular 10/98, "Section 550A of the Education Act 1996: The Use of force to Control or Restrain Pupils". An additional guidance document is available for staff working in special schools catering for pupils with severe behavioural difficulties. This joint DIES/Department of Health guidance is entitled "Circular 0242/2002 Guidance on the Use of Restrictive Physical Interventions for Staff Working with Children and Adults who Display Extreme Behaviour in Association with Learning Disability and/or Autistic Spectrum Disorders".
Section 550A clarifies the general principle that anyone has the right to defend themselves against an attack provided they do not use a disproportionate degree of force to do so. Although there can be no guarantee that teachers who defend themselves from violent pupils will not be prosecuted, the Crown Prosecution Service would examine whether the use and degree of force was reasonable in all the circumstances, bearing in mind the provisions in section 550A of the Education Act 1996. In looking at individual cases they are also likely to take account of the school's policy on restraint, whether that had been followed, and the need to prevent injury, damage, or disruption.
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