What Legal Powers Do Teachers Have to Manage Pupils’ Behaviour?

Teachers have five distinct legal powers to manage pupils' behaviour, set out mainly in the Education and Inspections Act 2006.

They can discipline a pupil for breaching the school's behaviour policy, including, in some circumstances, for behaviour outside school that affects the school's reputation or other pupils' safety.

They can search a pupil for prohibited items where there are reasonable grounds to suspect they're carrying one.

They can confiscate items as a reasonable disciplinary penalty.

They can impose detention, including without parental consent, subject to notice requirements for pupils under 18.

And they can use reasonable force to prevent a pupil causing injury, committing an offence, damaging property, or seriously disrupting good order.

One power sits above individual teachers: only the headteacher can suspend or permanently exclude a pupil.

These powers exist to be used with judgement, not routinely – and staff need to understand exactly where each one applies to use it with confidence and defend it afterwards.

Do teachers have authority outside of school?

Yes, within limits. Section 89(5) of the Education and Inspections Act 2006 allows schools to discipline pupils for behaviour outside the school gates, to the extent that's reasonable. DfE guidance gives the main examples: a pupil taking part in a school trip or activity, travelling to or from school, wearing uniform or otherwise identifiable as a pupil, or behaving in a way that could affect another pupil, a member of the public or the school's reputation.

Any sanction can only be applied once the pupil is back on school premises or under the control of staff. The power to use reasonable force goes wherever staff have lawful control of pupils, so it covers trips and visits as well as the school site.

Find out who has the legal power to use reasonable force in schools, or see our positive handling training for schools.