Diary of an NQT
LEGAL ADVICE LEGAL ADVICE
All fun and games
Well it has been all go since writing my last entry and zero for an incorrect one. The total points scored
and as ever, holiday memories are easing into divided by 162 and multiplied by 100 will give me
the distance, although two start-of-term INSET my percentage.
days have given me an enjoyable lull before the I wonder how I will fair. Surely I should use the
proverbial storm. GCSE system to grade my result? I wonder who and Confiscation and use of force
It is funny how feelings can remain the where the NQT is that has to learn the most
same even though you are on the other names, my thoughts are with you!
side of the coin. As a child, I loved Working in London, as within pretty
INSET days for the obvious reasons, much every “inner” city area of the
One of the
and for me the two INSET days at country must provide you with an
the start of this week have been just extended version of the game. perennial
as enjoyable. With pupils’ names coming from
It has been a great way to backgrounds across the world, I feel
challenges
slot back into the school work that the biggest call for a correct
environment and tackle those pronunciation has to be some of
nagging pre-teaching issues. the Sri Lankan names I have.
facing education
Now I realise that when I They are linguistically-
would cheekily ask my teachers beautiful, with rolling attributes
professionals is maintaining
whether they had enjoyed being akin to their cricket in one-day
back in school for the days we internationals.
discipline and good order
hadn’t, perhaps they might well I apprehensively look at them
have done! In hindsight, this would and think I haven’t got a hope in
in schools. Education and
have been much to my childhood hell of getting it right though.
disappointment. I endeavour to give them a go,
A mixture of departmental and first sounding it out in my head and
child protection lawyer
whole-school agendas has kept me then trying to roll it off the tongue.
occupied, but also given me space I gingerly think there is hope, but no, Dai Durbridge looks at
to take things in and acclimatise to I fall foul after a couple of syllables. Still
my new role. Also, I have noticed that the game must go on and with that let the
the powers available to
introducing yourself as an NQT rather than a lessons commence.
trainee teacher gives just that slight bit more I’m certain that there is going to be a lot
satisfaction. more on my plate to deal with and worry about
teachers to do just that
Next it is the task of names to faces – and their than pronunciation (after all, my name as usual
pronunciations. Here is where I envy the kids, okay is causing difficulties with some), but then again, N THE last 18 months or so the government
the year 7s probably have a rough time of it, but the hopefully there will be more games to devise...
rest of them are basically home free.
Not me. I have to learn 162 of them, but turning • This year, our weekly NQT diarist is Charles
it into a game seems a fun idea – although at times I Aubeeluck, a qualified citizenship teacher who
have not faired amazingly well! The scoring system teaches sociology and health and social care at
devised is easy: one point for a correct pronunciation Ellen Wilkinson School for Girls in west London. I
has, through legislation and guidance,
provided teachers with a number of new
powers intended to give them the support and
protection required to ensure that effective
education is not disrupted. The most far-
reaching changes include law and guidance
on confiscation of pupils’ property and the use of force
in schools.
The Education and Inspections Act 2006 (the Act),
perhaps better known for creating trust schools, also
Moral support
covers school discipline. The Act became law in late
2006, but the provisions regarding school discipline
did not come into force until April 2007, followed soon
School’s back from summer
after by non-statutory guidance.
Therefore for the entirety of the last academic year,
teachers have in theory benefited from the powers
given to them to assist them in retaining control in the
THE NEW school year is upon us. After nearly lunch break. Calls to Teacher Support Network may classroom and beyond. Have they been used and have
two months off, teachers will be returning in their decrease in number over summer, but not by as much they worked?
thousands from their long holidays of tranquil as you might think. Whatever time of year, the issues It is imperative that any new rules on discipline
opulence on the far flung shores of Mauritius, Porto remain constant. Stress, as ever, forms a part of many are not too broad brush. Every disruptive pupil is
da Barra and Palawan; revelling in their status as title- of our callers’ problems. different. Some are calculating and deliberate, some
holders for the UK’s longest summer holidays. As well as teachers needing a long time to are vulnerable, and others struggle with disability or
They will saunter back to their classrooms remove themselves mentally from the ever-mounting special needs. While the new rules may take a very
without a care in the world, possessing jobs whose pressures of the classroom, both over summer basic approach, they do try to observe these differences.
pressures pale in comparison to the rest of the and in the evenings, teachers who phone They can be briefly summarised as:
UK’s workforce; smug in the knowledge us for support tell us that new directives • Protecting staff from claims for loss or damage to
that after a half-day of teaching the from government, the diversifying pupil’s possessions that have been confiscated.
same material as they have for years, expectations of the role of schools, • Giving staff the power to use force in certain
by 3:30pm they can amble across and the encroachment of working circumstances. the sending and receipt of texts and calls or game
to their local waterhole and while hours into evenings and holidays are • Providing a power to intervene in behaviour off playing causing particular distraction to pupils.
away the evening with a few eroding their supposed free time more school premises. So, can you confiscate mobile phones? If so, how
colleagues, several pints of ale than ever. The government’s intention was for schools to long for? Can you destroy them? Would the Act protect
and a stronger-than-most chance The inference that summer is promote “self-discipline and proper regard for you if you chose to do so?
in the pub quiz. Each morning, a stress-free time for teachers is authority”, to encourage respect for others”, and to It seems most unlikely that the destruction of a
they will rise at a reasonable particularly ill-timed given recent prevent “all types of bullying”. Basically, schools are mobile phone will ever be considered reasonable,
hour, knowing that their jobs events. Many teachers have had to ensure that by regulating the conduct of pupils their but to confiscate it would be. However, the lack of
are virtually guaranteed against their breaks disrupted by the chaos standard of behaviour is acceptable. government guidance in this area leaves teachers with
loss, whatever the level of their that surrounded the ETS marking little assistance and no benchmark as to what one can
incompetence; the envy of the rest fiasco and summer began for others
Confiscation
consider reasonable.
of the working population. with the threat of their school being closed The government has set out the rules on confiscation in When considering confiscation, a sensible option is
The picture painted above down as a result of Ed Balls’ “challenge” one short section of the Act. The new provisions will to measure the wrong you are seeking to right against
is of course unrecognisable to those struggling to achieve arbitrary stop pupils making any claim against any member of the act of confiscation itself to consider whether what
to teachers across the UK. GCSE pass rates. staff at a school for loss or damage to confiscated items, you are doing is proportionate.
Nevertheless, as various Meanwhile, statistics published as long as the staff member can show that: As an example, if a pupil is texting on a mobile
organisations and media over the summer rated teaching the • They had the requisite authority (any paid member phone during a lesson and ignores your requests not to
outlets take the opportunity most stressful profession out of 31 of staff does, as do unpaid staff members if so do so, it would be reasonable to confiscate the mobile
of the pupils’ return to analysed. Moreover, the School authorised by the headteacher). phone. But for how long?
generate coverage, attract Teachers’ Review Body’s most • The confiscation was on school premises, or The Act simply states that confiscation has to be
attention and spice up radio recent report stated that secondary elsewhere where the pupil was under their control. reasonable. Again, it would be prudent to apply the
phone-ins, I’ve heard every teachers currently work on average • The confiscation was “reasonable”. same test – what wrong are you seeking to right? The
element of the amphigory 49.9 hours per week: more than While the first two requirements are straightforward, pupil cannot disrupt the lesson after it has finished and
above posited within the the European Union’s Working Time “reasonableness” is more difficult. The concept of so it could be proportionate to return the phone at that
media over the last week. That Directive. reasonableness features frequently in the definition of point. If there was concern that texting would continue
is, except the talent for pub quizzes, Teaching is a unique profession and its legal rights or duties, and it is notoriously troublesome. in other lessons, returning the phone at the end of the
which, given one of my teaching challenges – and benefits – can be radically However, it is also the way in which the new rules school day could be proportionate.
friend’s unique ability to remember different to those with other careers. But respond to each pupil’s individuality. If the pupil continues the behaviour upon return of
seemingly endless amounts of factual those who contact us are most likely to say the The legislation does offer some certainty the phone, a longer period of confiscation is likely to be
data and thereby trounce me at Trivial biggest perk is not a holiday or short working by specifying that, in order to be reasonable, the considered reasonable. The key is being proportionate
Pursuit last Saturday, may well be true. day, but the sense of satisfaction of helping to confiscation must be “proportionate”, and that the staff and whether the punishment fits the crime.
Perhaps unsurprisingly, some of these improve the lives of children. In reality, the summer member must also consider the pupil’s age, religion, The lack of guidance means the answers to these
myths have been voiced by archetypal late night, talk break represents less than ample compensation for special educational needs, and disabilities. questions and others like them will vary from school to
radio participants, ranting about lazy teachers and the overwhelming demands of term time. Constantly However, proportionality is ultimately a matter for school, and will rely on the common sense of teachers
lazy immigrants while sitting on their lazy chairs. referring to the misguided perception that teachers’ the courts, hence no practical guidance has been given involved. While this may be a good thing, it can leave
Very worryingly, however, others have been imparted holidays are too long or days too short simply on when it is reasonable to confiscate an item or when teachers vulnerable.
by senior and influential officials from schools and obscures the manifold issues that affect teachers’ it is reasonable to destroy a confiscated item. This has A note of caution: in law it is usually the position
the political world of education. wellbeing and thereby shape their capacity to teach provided teachers with a degree of uncertainty and has that the person who believes they have been wronged
As most of you will know, the idea that teachers as effectively as they’d like. meant that most have opted not to use this power. has to show that the actions leading to the incident were
have spent months totally removed from their schools Let us take mobile phones as an example. not reasonable. Inexplicably, the Act puts the burden of
without a care in the world is as nonsensical as the • Patrick Nash is chief executive of the Teacher Their have been numerous calls to ban mobile proving reasonableness firmly on the shoulders of the
assertion that a teacher’s day is finished as soon as the Support Network. Visit www.teachersupport.info or phones in schools following concerns raised after teacher. In other words, if you confiscate from a pupil
bell goes or that they are sat with nothing better to do call 08000 562 261 (England), 08000 855088 (Wales). “happy slapping” attacks upon teachers and the videoing and that pupil or that pupil’s parents challenge you, it is
than re-stitch their elbow patches during their pupils’ Moral Support returns in a fortnight. of vandalism of school premises. More subtly, mobile for you to prove that you acted reasonably.
phones can be a disruptive influence in the classroom, There is a real risk that this legislation creates
8 SecEd • September 11 2008
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