Can a school confiscate a mobile phone for more than a day?
Discussion
There's a lot of completely wrong "advice" on the interweb claiming that schools can't do this or that.
Simply, per the Education Act 1996 and more pertinently its 2011 update, schools in the UK have the right to confiscate any item on the banned list - these are the obvious ones like weapons, tobacco, alcohol, pornography - and they will not be returned (either disposed of or in legal cases passed to the police).
Schools also have the right to confiscate items which are banned by the school's own policy (technically for as long as they want, although in reality this will be a shorter time) as long as these items are specified in the behaviour policy which parents have to agree to. Phones can also be confiscated even if not being used if the school has reasonable suspicion that they are being used for other offences (i.e. bullying, sexting). In these cases the contents of phones can also be searched. Government advice is that when followed properly the law is not in breach of the EHCR.
Our school's rules are simple - first offence, confiscated for a day, second offence, five days. After that, in addition to the five days the child is deemed to be in breach of the more general persistent failure to follow school rules and may incur additional sanctions such as inclusion or exclusion. Also, in all cases of confiscation the parent/guardian must collect the phone - not the student - so that they can be reminded of the rules.
Simply, per the Education Act 1996 and more pertinently its 2011 update, schools in the UK have the right to confiscate any item on the banned list - these are the obvious ones like weapons, tobacco, alcohol, pornography - and they will not be returned (either disposed of or in legal cases passed to the police).
Schools also have the right to confiscate items which are banned by the school's own policy (technically for as long as they want, although in reality this will be a shorter time) as long as these items are specified in the behaviour policy which parents have to agree to. Phones can also be confiscated even if not being used if the school has reasonable suspicion that they are being used for other offences (i.e. bullying, sexting). In these cases the contents of phones can also be searched. Government advice is that when followed properly the law is not in breach of the EHCR.
Our school's rules are simple - first offence, confiscated for a day, second offence, five days. After that, in addition to the five days the child is deemed to be in breach of the more general persistent failure to follow school rules and may incur additional sanctions such as inclusion or exclusion. Also, in all cases of confiscation the parent/guardian must collect the phone - not the student - so that they can be reminded of the rules.
cmaguire said:
Apologies if already said.
Each pupil should have a locker and phones should go in the locker during lesson time, and removed only during breaks or at end of school day.
With suitable deterrents for breaking the rule.
Mobile phones are a curse.
Interestingly some Silicon Valley companies are doing the same for coders.Each pupil should have a locker and phones should go in the locker during lesson time, and removed only during breaks or at end of school day.
With suitable deterrents for breaking the rule.
Mobile phones are a curse.
No Facebook, personal email, phones. Focus on coding. Phones in the locker after the (free) breakfast. Out at lunch or after work.
sim72 said:
There's a lot of completely wrong "advice" on the interweb claiming that schools can't do this or that.
Simply, per the Education Act 1996 and more pertinently its 2011 update, schools in the UK have the right to confiscate any item on the banned list - these are the obvious ones like weapons, tobacco, alcohol, pornography - and they will not be returned (either disposed of or in legal cases passed to the police).
Schools also have the right to confiscate items which are banned by the school's own policy (technically for as long as they want, although in reality this will be a shorter time) as long as these items are specified in the behaviour policy which parents have to agree to. Phones can also be confiscated even if not being used if the school has reasonable suspicion that they are being used for other offences (i.e. bullying, sexting). In these cases the contents of phones can also be searched. Government advice is that when followed properly the law is not in breach of the EHCR.
Our school's rules are simple - first offence, confiscated for a day, second offence, five days. After that, in addition to the five days the child is deemed to be in breach of the more general persistent failure to follow school rules and may incur additional sanctions such as inclusion or exclusion. Also, in all cases of confiscation the parent/guardian must collect the phone - not the student - so that they can be reminded of the rules.
Would the schools own policies fall under the unfair contract terms? you cant put any clause you want in a contract and have it legally binding otherwise I would be all shagged out.Simply, per the Education Act 1996 and more pertinently its 2011 update, schools in the UK have the right to confiscate any item on the banned list - these are the obvious ones like weapons, tobacco, alcohol, pornography - and they will not be returned (either disposed of or in legal cases passed to the police).
Schools also have the right to confiscate items which are banned by the school's own policy (technically for as long as they want, although in reality this will be a shorter time) as long as these items are specified in the behaviour policy which parents have to agree to. Phones can also be confiscated even if not being used if the school has reasonable suspicion that they are being used for other offences (i.e. bullying, sexting). In these cases the contents of phones can also be searched. Government advice is that when followed properly the law is not in breach of the EHCR.
Our school's rules are simple - first offence, confiscated for a day, second offence, five days. After that, in addition to the five days the child is deemed to be in breach of the more general persistent failure to follow school rules and may incur additional sanctions such as inclusion or exclusion. Also, in all cases of confiscation the parent/guardian must collect the phone - not the student - so that they can be reminded of the rules.
Breadvan72 said:
The relationship between parents/pupils and state schools is not usually contractual (so called learning contracts are not contracts in the legal sense), and in any event a rule banning phone use would not be unfair.
Banning would be but keeping it would be. I thought someone above said the parents sign a contract?mickmcpaddy said:
Breadvan72 said:
The relationship between parents/pupils and state schools is not usually contractual (so called learning contracts are not contracts in the legal sense), and in any event a rule banning phone use would not be unfair.
Banning would be but keeping it would be. I thought someone above said the parents sign a contract?Obviously if parents do not agree to that policy (or any other) being followed then there is no legal issue because they are perfectly free to find an alternative school for their child.
Edited by sim72 on Saturday 11th November 11:34
I remember my school banned phomes even at lunch/break time!
How crap that was.
My phone was taken from me for using it at lunch.
The teacher told me to meet her at the end of the day to get it back.
I went, she wasn't there. She'd gone home early....!
I didnt get it back till the next day.
The teacher who took it didnt like me one bit as we had run ins in the past.
I just turned up 30 mins late the next day and said that since my alarm is my phone I overslept.
It wasn't questioned.
How crap that was.
My phone was taken from me for using it at lunch.
The teacher told me to meet her at the end of the day to get it back.
I went, she wasn't there. She'd gone home early....!
I didnt get it back till the next day.
The teacher who took it didnt like me one bit as we had run ins in the past.
I just turned up 30 mins late the next day and said that since my alarm is my phone I overslept.
It wasn't questioned.
14 Years ago when I were a 17 year old lad, I had a call from my employer as I was leaving the school gates. After school hours.
The a
hole of a deputy head was stood on the gate and demanded my phone.
I laughed at him and left the school with my phone, got in my car and drove home. He left a message for my dad to explain the situation.
My dad called him back the next day and gave a similar response to mine.
The a
hole of a deputy head was stood on the gate and demanded my phone.I laughed at him and left the school with my phone, got in my car and drove home. He left a message for my dad to explain the situation.
My dad called him back the next day and gave a similar response to mine.
I was on my phone in one if my lectures at university, already been through the lecture PowerPoint slides at home the day before and was okay with the knowledge and had notes etc. Messaging my dad, wasn't anything important mind, to which the lecturer had the cheek to tell me to get off my phone. I'm nearly 21 years old, I'm paying a significant amount of money to be there and pay her salary might i add. If i want to go on my phone then i shall
One student's fees contribute to all sorts of things to do with the running of the university, and the fees are usually subsidised - the university doesn't run on student fees alone.
Besides, if I go to the theatre my ticket price may be paying some fraction of the actors' wages, but that doesn't entitle me to sit there texting away through the show.
Besides, if I go to the theatre my ticket price may be paying some fraction of the actors' wages, but that doesn't entitle me to sit there texting away through the show.
HedgeyGedgey said:
I was on my phone in one if my lectures at university, already been through the lecture PowerPoint slides at home the day before and was okay with the knowledge and had notes etc. Messaging my dad, wasn't anything important mind, to which the lecturer had the cheek to tell me to get off my phone. I'm nearly 21 years old, I'm paying a significant amount of money to be there and pay her salary might i add. If i want to go on my phone then i shall
Nearly 21 years old but still needs to learn manners. 
Do you not think your actions were disrespectful, do you text at the theatre or cinema?
My understanding is that its not run as a business, they're not allowed to make a profit as such. All the money fron the fees and grants etc has to be put back into the company. We've recently had a lot of building works carried out for no reason and theres even more coming. I worked out i pay something like £27 per hour for the lectures I'm timetabled to attend
I must be a neanderthal.
I just can't understand this preoccupation with mobile phones, surely herion or coke must be more entertaining, although I have no personal knowledge of that either.
That aside, it is just pure bad manners and ultimately demonstrates a total lack of respect.
Obviously I live in the dark ages when kids couldn't wait to get outside when they got home, not in front of the telly with a games controller in their hands (perhaps rubbing their fat bellies in between stages).
If a kid was unfortunate enough to have me as a father they'd be feeling seriously deprived by the looks of it.
And I'd smack too (not the class A kind).
I just can't understand this preoccupation with mobile phones, surely herion or coke must be more entertaining, although I have no personal knowledge of that either.
That aside, it is just pure bad manners and ultimately demonstrates a total lack of respect.
Obviously I live in the dark ages when kids couldn't wait to get outside when they got home, not in front of the telly with a games controller in their hands (perhaps rubbing their fat bellies in between stages).
If a kid was unfortunate enough to have me as a father they'd be feeling seriously deprived by the looks of it.
And I'd smack too (not the class A kind).
HedgeyGedgey said:
My understanding is that its not run as a business, they're not allowed to make a profit as such. All the money fron the fees and grants etc has to be put back into the company. We've recently had a lot of building works carried out for no reason and theres even more coming. I worked out i pay something like £27 per hour for the lectures I'm timetabled to attend
Then again, do you really not have enough free time of a day that you can play with your phone in your time?Please excuse me if you are a young entrepreneur running a blue chip startup whilst still at college.
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