Parents lose right to be notified if school staff use force on children

Lauren Higgs
Monday, August 9, 2010

Schools will no longer be required tell parents when a member of staff uses force on their child following the government's decision to scrap legislation introduced under the last administration.

Last year, the Apprenticeships, Skills, Children and Learning Act 2009 established a duty on schools to keep records of when staff use force on a child.

The duty, which was set to come into force in September, would have also forced schools to report any such incidents to the child’s parents.

But the government has now introduced secondary legislation to prevent the requirement coming into force.

Carolyne Willow, national co-ordinator at the Children’s Rights Alliance for England, slammed the government for removing a "basic safeguard for children" without any explanation or public announcement.

"Parents will undoubtedly be shocked to hear that they have no right to be notified if a member of staff uses force on their child," she said. "The implications could be extremely serious, especially for very young children and some young disabled people who rely on teachers to share information with parents."

Willow added that schools already have the power to use restraint techniques that are prohibited in privately run child prisons as an abuse of children’s human rights.

"This new development further exposes ministers to legal challenge," she warned. "There is still no central collection of data about the use of force on children at school. Transparency helps to protect children from unlawful restraint, as we’ve found out in child custody.

"Without such monitoring, there is no way to assess whether force is being used disproportionately on certain groups of children, such as those with special educational needs or children from black and minority ethnic communities."

Bob Reitemeier, chief executive of the Children’s Society, said the move would break down trust between pupils, parents and teachers.

"Schools should be a safe haven where children can thrive and learn, where they feel safe and secure," he said.

"Parents have a right to know what is happening to their children in schools and this information empowers them to take responsibility for their children’s wellbeing. This is particularly important for the most vulnerable children, especially those with speech, language and communication difficulties who may not be able to communicate their views as effectively."

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