Morecrofts litigator Jonathan Gorman discusses classroom punishments

A NATIONWIDE survey recently revealed more than 1,000 four and five-year-olds were suspended from school because of bad behaviour during 2008.

Many of these reception class pupils were removed for fighting with others, attacking teachers or committing a sexual offence.

This is surely an area that needs approaching with extreme caution and sensitivity.

Head teachers are often put in extremely difficult positions as they have a duty of care to all their pupils. Therefore, if a child’s behaviour affects the safety of others, then they must act.

But it’s important that action taken is proportionate and not knee-jerk, as the needs of that particular child must also be an important consideration. In particular, they must be mindful that such allegations can stigmatise children, which has lasting effects on confidence and development.

I have found in previous cases head teachers have been very quick to label a pupil’s actions as “sexual” and then, after thorough investigation, it transpires their actions were innocent and misinterpreted by a fellow pupil.

I also believe, in the case of very young children, a child’s behaviour is often interpreted through the eyes of an adult and not of a child, which can frequently be to the detriment of the child in question.