Secondary PGCE Induction
2007-2008
Your responsibilities as a teacher
Centre of excellence
for research and teaching
Your responsibilities as a teacher
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What do you need to know about to be a teacher?
University of
Southampton
School of
Education
Your responsibilities as a teacher
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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 of
Southampton
School of
Education
Your responsibilities as a teacher
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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 wellbeing 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 of
Southampton
School of
Education
Your responsibilities as a teacher
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Q3a Be aware of the professional duties of teachers
and the statutory framework within which they work
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Q3b Be aware of the policies and practices of the
workplace and share in collective responsibility for
their implementation
University of
Southampton
School of
Education
CHILDREN ACT 2004
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The main provisions of this will be discussed
separately in the lecture ‘What is ECM?’
 You have a duty to promote the safety and wellbeing of children and young people
University of
Southampton
School of
Education
MISCONDUCT
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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 11/95 www.dfes.gov.uk/publications/guidanceonthelaw/11_95/contents.htm
Sexual Offences (Amendment) Act 2000 - www.opsi.gov.uk/ACTS/acts2000/20000044.htm
GTC(E) Code of Conduct and Practice for Registered Teachers www.gtce.org.uk/shared/contentlibs/gtc/141488/201088/GTC_Code_Conduct_and_Prac.pd
f
University of
Southampton
School of
Education
DUTY OF CARE FOR PUPILS
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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) www.teachernet.gov.uk/teachinginengland/detail.cfm?id=228
Teachernet (Health and Safety on Educational Visits) –
www.teachernet.gov.uk/wholeschool/healthandsafety/visits/
University of
Southampton
School of
Education
DUTY OF CARE FOR PUPILS
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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 1989 www.dfes.gov.uk/publications/childrenactreport/
University of
Southampton
School of
Education
DUTY OF CARE FOR PUPILS
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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.
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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 of
Southampton
School of
Education
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Child abuse may be identified by outward signs of abuse, changes in
behaviour or failure to develop
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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 attentionseeking, 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.
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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.
 www.dfes.gov.uk/publications/guidanceonthelaw/10_95/category.htm
University of
Southampton
School of
Education
APPROPRIATE PHYSICAL CONTACT
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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 of
Southampton
School of
Education
APPROPRIATE PHYSICAL CONTACT
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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-1568-2005
DfEE Circular 10/98 www.dfes.gov.uk/publications/guidanceonthelaw/10_98/summary.htm
University of
Southampton
School of
Education
BEHAVIOUR AND DISCIPLINE
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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:
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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.
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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 of
Southampton
School of
Education
BEHAVIOUR AND DISCIPLINE
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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 of
Southampton
School of
Education
BEHAVIOUR AND DISCIPLINE
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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 www.dfes.gov.uk/behaviourandattendance/uploads/Circular%201098%
20-%20Guidance%20on%20the%20use%20of%20force.pdf
University of
Southampton
School of
Education
THE USE OF DETENTION AS A PUNISHMENT
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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.
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Further information is available from:
Teachernet (School Policies on Discipline) www.teachernet.gov.uk/teachinginengland/detail.cfm?id=226
DFES (Detention: The Law and how to apply it):
www.dfes.gov.uk/ibis/uploads/Detention%20Guidance%20DP%20Behaviour%2
0(text).doc
University of
Southampton
School of
Education
THE LAW AGAINST DISCRIMINATION
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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
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schools must have a specific race relations policy document
schools should have strategies in place:
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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 of
Southampton
School of
Education
EDUCATIONAL AND SOCIAL INCLUSION
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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:
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Setting suitable learning challenges;
 Responding to pupils’ diverse learning needs; and
 Overcoming potential barriers to learning and assessment for individuals
and groups of pupils
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Further information is available from:
National Grid for Learning Inclusion - inclusion.ngfl.gov.uk
Multiverse – www.multiverse.ac.uk
University of
Southampton
School of
Education
SPECIAL EDUCATIONAL NEEDS
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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)
(www.teachernet.gov.uk/_doc/3724/SENCodeOfPrac
tice.pdf) outlines roles and responsibilities
University of
Southampton
School of
Education