The Apprenticeships, Skills, Children and Learning Bill (ASCL Bill) entered parliament last year and contains legislative changes that could affect teacher restraint and the use of force. The Bill is currently awaiting approval but proposes new powers on searching for alcohol, drugs and stolen items in schools.

The Bill, if approved, could greatly affect the way that teachers deal with disruptive pupils as it would extend the power that teachers and staff in schools and further education institutions currently have to search pupils (or students) for weapons, so that it also covers illegal drugs, alcohol and stolen items. However, the legislation does not impose any duty (obligation) to carry out a search. The Bill will also require schools to enter into behaviour improvement partnerships with each other for the purpose of improving behaviour and attendance. Currently 98 per cent of maintained secondary schools and 94per cent of academies are members of school behaviour partnerships voluntarily.

In reaction to the proposed Bill, Teacher Support Network Chief Executive, Julian Stanley, said: "In our survey conducted last year, almost half of respondents disagreed with the introduction of searches by teachers and over two-thirds said they wouldn't feel safe conducting such a search. Whilst pupil behaviour has become an increasing problem in many schools it is paramount that teachers and all school staff feel safe within their working environment.”

If you are concerned about the new search powers or would like further information on the Bill, you can view our factsheet here.

Pupils can also display disruptive behaviour in many other ways that can be just as difficult to handle. Be it aggressive behaviour or verbal abuse, it is important that teachers and staff are aware of their rights.

Although the use of reasonable force should always be a last resort for teachers and support staff schools should still offer clear, precise advice and guidance to their staff on their restraint policy so that there can be no confusion. Your school should have a policy on the use of force. According to The Education and Inspections Act 2006, school staff can use "such force as is reasonable in the circumstances to prevent a pupil from doing or continuing to do" any of the following:

• Committing any offence (or, for a pupil under the age of criminal responsibility, what would be an offence for an older pupil).
• Causing personal injury to any person (including the pupil themselves).
• Causing damage to the property of any person (including the pupil themselves).
• Prejudicing the maintenance of good order and discipline at the school, and among any pupils receiving education at the school, whether during a teaching session or otherwise.

For further information on your legal rights to use reasonable force, please click here to view our factsheet.

You may also find the below factsheet useful:

• Refusal to teach
• Tips for managing conflict with pupils
• Coping with disruptive pupils
• Pupil behaviour and teacher wellbeing

If you need any further help or advice on dealing with disruptive behaviour you can call our free, confidential