Can a school confiscate a mobile phone for more than a day?

Can a school confiscate a mobile phone for more than a day?

Author
Discussion

carmonk

7,910 posts

189 months

Wednesday 16th November 2011
quotequote all
Silent1 said:
ExChrispy Porker said:
Tens of thousands of crimes involving school age kids and mobile phones occur every year.
Most reported robberies involve under 17s and mobile phones.
To suggest that taking a mobile to school means kids are safer is ridiculous.
So because there's a risk of being mugged (of less than 1% I bet) then no child should take a phone to school?
That is ridiculous
The point is, bearing in mind the extra danger and unpleasantness that a child carrying a mobile clearly provokes, what makes you think that on balance it is safer for them to do so? In what way do the advantages override the disadvantages in terms of safety?

carmonk

7,910 posts

189 months

Wednesday 16th November 2011
quotequote all
kamilb1998 said:
Engineer1 said:
Or the OP's failure to abide by the rules and almost certainly blatant phone use has meant it has been confiscated, if the OP has obeyed the rules and kept the phone in his bag/ pocket then the OP would still have the phone.

OP if other kids are messing with their phones then being the one who is seen will result in your phone being confiscated. Bad luck, obey the rules and ask the teacher tomorrow if you can have your phone back.
I understand why I got it confiscated. I was just curious as to whether or not a school can legally decide not to return your phone to you at the end of the school day.
If you found it was illegal, how would that help you? (I don't see how it can be illegal, but just assuming)

Silent1

19,761 posts

237 months

Wednesday 16th November 2011
quotequote all
carmonk said:
Silent1 said:
ExChrispy Porker said:
Tens of thousands of crimes involving school age kids and mobile phones occur every year.
Most reported robberies involve under 17s and mobile phones.
To suggest that taking a mobile to school means kids are safer is ridiculous.
So because there's a risk of being mugged (of less than 1% I bet) then no child should take a phone to school?
That is ridiculous
The point is, bearing in mind the extra danger and unpleasantness that a child carrying a mobile clearly provokes, what makes you think that on balance it is safer for them to do so? In what way do the advantages override the disadvantages in terms of safety?
Are you playing devils advocate or can you genuinely not see the benefit a mobile phone could be to a child, especially if they travel to school alone (all or part of the way).
How about if they get a train home and call their parent to let them know which one they're on and when they will be at the station as they will need collecting due to there being no public transport.

kamilb1998

Original Poster:

2,220 posts

179 months

Wednesday 16th November 2011
quotequote all
carmonk said:
kamilb1998 said:
Engineer1 said:
Or the OP's failure to abide by the rules and almost certainly blatant phone use has meant it has been confiscated, if the OP has obeyed the rules and kept the phone in his bag/ pocket then the OP would still have the phone.

OP if other kids are messing with their phones then being the one who is seen will result in your phone being confiscated. Bad luck, obey the rules and ask the teacher tomorrow if you can have your phone back.
I understand why I got it confiscated. I was just curious as to whether or not a school can legally decide not to return your phone to you at the end of the school day.
If you found it was illegal, how would that help you? (I don't see how it can be illegal, but just assuming)
They may not have the right to keep your property out of hours - when you're not under their care.

carmonk

7,910 posts

189 months

Wednesday 16th November 2011
quotequote all
Silent1 said:
carmonk said:
Silent1 said:
ExChrispy Porker said:
Tens of thousands of crimes involving school age kids and mobile phones occur every year.
Most reported robberies involve under 17s and mobile phones.
To suggest that taking a mobile to school means kids are safer is ridiculous.
So because there's a risk of being mugged (of less than 1% I bet) then no child should take a phone to school?
That is ridiculous
The point is, bearing in mind the extra danger and unpleasantness that a child carrying a mobile clearly provokes, what makes you think that on balance it is safer for them to do so? In what way do the advantages override the disadvantages in terms of safety?
Are you playing devils advocate or can you genuinely not see the benefit a mobile phone could be to a child, especially if they travel to school alone (all or part of the way).
The former. I can't see any meaningful benefit. In one or two cases it might prove useful (do you know of any?) but when you weigh it against the tens of thousands of instances of mugging, bullying and crime caused by mobile phones, there is no overall merit.

I walked to school for many years as did dozens of people I knew and I can't recall a single instance where someone needed to make an emergency phone call. If a kid needs to make an emergency phone call today it's likely because they've just been mugged for their mobile phone.

Silent1 said:
How about if they get a train home and call their parent to let them know which one they're on and when they will be at the station as they will need collecting due to there being no public transport.
Train stations have phones, I've used them myself.

Edited by carmonk on Wednesday 16th November 19:34

carmonk

7,910 posts

189 months

Wednesday 16th November 2011
quotequote all
kamilb1998 said:
carmonk said:
kamilb1998 said:
Engineer1 said:
Or the OP's failure to abide by the rules and almost certainly blatant phone use has meant it has been confiscated, if the OP has obeyed the rules and kept the phone in his bag/ pocket then the OP would still have the phone.

OP if other kids are messing with their phones then being the one who is seen will result in your phone being confiscated. Bad luck, obey the rules and ask the teacher tomorrow if you can have your phone back.
I understand why I got it confiscated. I was just curious as to whether or not a school can legally decide not to return your phone to you at the end of the school day.
If you found it was illegal, how would that help you? (I don't see how it can be illegal, but just assuming)
They may not have the right to keep your property out of hours - when you're not under their care.
I know, I understand that, I mean what would you do if it were shown to be illegal? Or are you just after the information?

kamilb1998

Original Poster:

2,220 posts

179 months

Wednesday 16th November 2011
quotequote all
carmonk said:
kamilb1998 said:
carmonk said:
kamilb1998 said:
Engineer1 said:
Or the OP's failure to abide by the rules and almost certainly blatant phone use has meant it has been confiscated, if the OP has obeyed the rules and kept the phone in his bag/ pocket then the OP would still have the phone.

OP if other kids are messing with their phones then being the one who is seen will result in your phone being confiscated. Bad luck, obey the rules and ask the teacher tomorrow if you can have your phone back.
I understand why I got it confiscated. I was just curious as to whether or not a school can legally decide not to return your phone to you at the end of the school day.
If you found it was illegal, how would that help you? (I don't see how it can be illegal, but just assuming)
They may not have the right to keep your property out of hours - when you're not under their care.
I know, I understand that, I mean what would you do if it were shown to be illegal? Or are you just after the information?
Just curious really, and it could always help a friend if a similar thing happens to them.

carmonk

7,910 posts

189 months

Wednesday 16th November 2011
quotequote all
kamilb1998 said:
Just curious really, and it could always help a friend if a similar thing happens to them.
Well, it would only benefit them if they did something about it, which is why I'm asking. If you're just after the info then that's fine, just asking the question.

Silent1

19,761 posts

237 months

Wednesday 16th November 2011
quotequote all
carmonk said:
Silent1 said:
carmonk said:
Silent1 said:
ExChrispy Porker said:
Tens of thousands of crimes involving school age kids and mobile phones occur every year.
Most reported robberies involve under 17s and mobile phones.
To suggest that taking a mobile to school means kids are safer is ridiculous.
So because there's a risk of being mugged (of less than 1% I bet) then no child should take a phone to school?
That is ridiculous
The point is, bearing in mind the extra danger and unpleasantness that a child carrying a mobile clearly provokes, what makes you think that on balance it is safer for them to do so? In what way do the advantages override the disadvantages in terms of safety?
Are you playing devils advocate or can you genuinely not see the benefit a mobile phone could be to a child, especially if they travel to school alone (all or part of the way).
The former. I can't any meaningful benefit. In one or two cases it might prove useful (do you know of any?) but when you weigh it against the tens of thousands of instances of mugging, bullying and crime caused by mobile phones, there is no overall merit.

I walked to school for many years as did dozens of people I knew and I can't recall a single instance where someone needed to make an emergency phone call. If a kid needs to make an emergency phone call today it's likely because they've just been mugged for their mobile phone.

Silent1 said:
How about if they get a train home and call their parent to let them know which one they're on and when they will be at the station as they will need collecting due to there being no public transport.
Train stations have phones, I've used them myself.
I've had a phone since I was 13, I live 10 miles from the train station and there are no public phones at either station I used, another time I was out on my motocross bike with a friend who had a substantial crash that needed the air ambulance had I not had a phone he would almost certainly have died, not quite on the way to school I agree but still smile

carmonk

7,910 posts

189 months

Wednesday 16th November 2011
quotequote all
Silent1 said:
I've had a phone since I was 13, I live 10 miles from the train station and there are no public phones at either station I used, another time I was out on my motocross bike with a friend who had a substantial crash that needed the air ambulance had I not had a phone he would almost certainly have died, not quite on the way to school I agree but still smile
That's fair enough, I don't doubt they have their uses, my point is that in judging whether mobile phones in general affect the safety of children who carry them, their overall benefits and drawbacks must be assessed. So whilst there might well be occasions where they've proved useful I don't believe they come close to outweighing the instances where they've proved to be the cause, or catalyst, for violent crime and bullying.

aw51 121565

4,771 posts

235 months

Wednesday 16th November 2011
quotequote all
kamilb1998 said:
Just curious really, and it could always help a friend if a similar thing happens to them.
Your school should have a policy on removing mobile telephones from their pupil owners - which will include when the pupil can get it back. I'd try asking politely, when you get in school tomorrow (probably at "Pastoral"* or perhaps "Learning Services"*, what this policy says - it will probably be verbal and not written (hopefully there will be something on paper but you might have to go to "Learning Services"* for paper copies), but all staff should be working to the same rule.

*or whatever your school's equivalents are.

If your school doesn't have a policy concerning mobile phones, then it has a potential problem - such as 'the office' being able to hold on to mobile phones for as long as it wants to and upsetting the owners.

At my current school, mobile phones are held until a parent calls in to collect it - this is usually at least the next school day. Telephone calls home communicate the news.

At an old school I was once at, phones confiscated in a lesson could be collected at the next breaktime - often to then be confiscated in the next lesson after that breaktime rolleyes . Reports were also sent home but it was so much paper blowing in the wind sadly (it had no effect, it was just overkill).



As an aside, in what ways would you like this teacher's lessons to be more interesting? Is it a "dry" subject or is it something interesting and the teacher just isn't enthusiastic? smile



kamilb1998

Original Poster:

2,220 posts

179 months

Wednesday 16th November 2011
quotequote all
aw51 121565 said:
As an aside, in what ways would you like this teacher's lessons to be more interesting? Is it a "dry" subject or is it something interesting and the teacher just isn't enthusiastic? smile
No one ever achieves anything in her lessons because the majority of the class is constantly chatting and she spends most of the lesson having a go at people. She gives at least 4/5 people a detention every lesson and the board is usually full of names written down as warnings, usually around 10-15 names out of a class of 30! The way in which she leads her lessons are incredibly boring too. I think she comes from Slovakia - which by no means is a bad thing (!) - and she can sometimes be difficult to understand and sometimes asks the class for spellings or phrases & words.

ExChrispy Porker

16,969 posts

230 months

Wednesday 16th November 2011
quotequote all
Silent1 said:
So because there's a risk of being mugged (of less than 1% I bet) then no child should take a phone to school?
That is ridiculous
Not at all what I said.
If you are denying that most robberies are committed on ( and by) school age kids, then you are deliberately avoiding an unpleasant truth to make some kind of point. Kids with mobile phones are more ( not less) likely to become crime victims, that is a fact.

Rsohyes

324 posts

154 months

Wednesday 16th November 2011
quotequote all
Get revenge.

Buy a cheap PAYG phone, put CP on it, get it confiscated, inform police that your teacher is a pedo, jobs a goodun

biggrin

kamilb1998

Original Poster:

2,220 posts

179 months

Wednesday 16th November 2011
quotequote all
Rsohyes said:
Get revenge.

Buy a cheap PAYG phone, put CP on it, get it confiscated, inform police that your teacher is a pedo, jobs a goodun

biggrin
Challenge accepted!

Kevin VRs

11,703 posts

282 months

Wednesday 16th November 2011
quotequote all
pip t said:
jazzyjeff said:
Kevin VRs said:
It is somewhat simple if you think of the definition of theft.

Intention to permanently deprive somebody of something that belongs to them.

They must return it or they can be charged with theft.
But would in this case retention beyond school hours be considered an "intention to permanently deprive"?

What if the teacher said "you can have it back at the end of the week"? scratchchin
This is why in my earlier post I said it probably wouldn't count as theft - an intention to permanently deprive isn't there, it's a temporary deprevation. I don't think the school should do it, but I think probably legally not theft.
Provided it is handed back before the child leaves school it is fine, if not then either theft or TWOC (Taking without consent)

Y282

20,566 posts

174 months

Wednesday 16th November 2011
quotequote all
kamilb1998 said:
Rsohyes said:
Get revenge.

Buy a cheap PAYG phone, put CP on it, get it confiscated, inform police that your teacher is a pedo, jobs a goodun

biggrin
Challenge accepted!
Make sure you dont leave a record of your plans anywhe... Oh.

zaphod42

50,944 posts

157 months

Wednesday 16th November 2011
quotequote all
Kevin VRs said:
Provided it is handed back before the child leaves school it is fine, if not then either theft or TWOC (Taking without consent)
TWOC only applies to cars... 15 sec on Google would have told you that wink

elvismiggell

1,636 posts

153 months

Wednesday 16th November 2011
quotequote all
1.
15 years ago when I was at school my phone beeped because I got a text message having forgotten to put it on silent. I had no need of a phone but everyone had to have one because it was cool. (PAYG was really beginning to take off then, I'm talking the good old days of the Nokia 5110.)

My Mum had to come and get it for me at the end of the day which was terribly embarrassing. I learnt my lesson and it stayed on silent after that. (I also realised pretty quickly that there really wasn't any need for me to be looking at it all the time - no matter how boring a class was.)

Hopefully you've learnt your lesson and won't land in this position again. smile

2.
I'm sure that if you somehow managed to get this to a court the law would rule in your favour, and say something like the school should hand it back at the end of the day and collect it the next morning if they want to enforce a protracted ban. Half the newspapers of the land would back you to the hilt and scream that this was a gross imposition on your human rights, the other half would run strongly worded editorials about teachers not having enough power in schools and this being a sad indictment of how scared we are to administer discipline in our schools.

3.
I honestly don't expect this to change your life. That's no slight against you because I doubt I'd have listened at your age either. However I would implore you to look a little deeper at your motivation in this. One of my greatest regrets is that I didn't try a little harder at school. (Don't get me wrong, I've done alright, I just could have done so much better!) A little harder to ignore what was going on around me and concentrate on what was trying to be taught. A little harder to study harder and get better grades. A little harder to understand that many of us aren't great at our jobs and that whether or not it's your teacher's fault she struggles to control a class isn't an excuse for you to slack off. Great teachers are rare beasts because it's actually a hard thing to do - look how hard you find it to remain enthused during her lessons, maybe it's the case that it's the same for her.

I know it's all terribly cliched, but honestly, work hard, play hard and enjoy it while you can. A good education will set you up for life, and the memories you make now will stay with you for a long time.

[/sanctimonious sentimental diatribe]

Deva Link

26,934 posts

247 months

Wednesday 16th November 2011
quotequote all
carmonk said:
If you found it was illegal, how would that help you? (I don't see how it can be illegal, but just assuming)
I was rather wondering that - depending on how popular the school is, then the more fuss the OP makes, the more likely he's going to be heading towards being expelled for refusing to obey the school's rules.