Education Act 1996, section 548

No right to give corporal punishment

Part X Miscellaneous and general

(1)Corporal punishment given by, or on the authority of, a member of staff to a child—

(a)for whom education is provided at any school, or

(b)for whom education is provided, otherwise than at school, under any arrangements made by a [F6 local authorityF6] , or

(c)for whom [F1333 specified early years educationF1333] is provided otherwise than at school,

cannot be justified in any proceedings on the ground that it was given in pursuance of a right exercisable by the member of staff by virtue of his position as such.

(2)Subsection (1) applies to corporal punishment so given to a child at any time, whether at the school or other place at which education is provided for the child, or elsewhere.

(3)The following provisions have effect for the purposes of this section.

(4)Any reference to giving corporal punishment to a child is to doing anything for the purpose of punishing that child (whether or not there are other reasons for doing it) which, apart from any justification, would constitute battery.

(5)However, corporal punishment shall not be taken to be given to a child by virtue of anything done for reasons that include averting—

(a)an immediate danger of personal injury to, or

(b)an immediate danger to the property of,

any person (including the child himself).

(6) “Member of staff”, in relation to the child concerned, means—

(a)any person who works as a teacher at the school or other place at which education is provided for the child, or

(b)any other person who (whether in connection with the provision of education for the child or otherwise)—

(i)works at that school or place, or

(ii)otherwise provides his services there (whether or not for payment),

and has lawful control or charge of the child.

(7) “Child” (except in subsection (8)) means a person under the age of 18.

[F1334 (8) “Specified early years education” means—

(a)in relation to England, early years provision as defined by section 20 of the Childcare Act 2006 which is

(i)[F1335 provided under arrangements made by a local authority in England in pursuance of the duty imposed by section 7 of that Act (whether or not the local authority provides the early years provision);F1335] [F1336 or

(ii)provided under arrangements made by a local authority in pursuance of any duty imposed under section 2 of the Childcare Act 2016 (whether or not the local authority provides the early years provision),F1336]

(b)in relation to Wales, full-time or part-time education suitable for children who have not attained compulsory school age which is provided—

(i)by a [F6 dfnlocal authorityF6] in Wales, or

(ii)by any other person who is in receipt of financial assistance given by such an authority under arrangements made by them in pursuance of the duty imposed by section 118 of the School Standards and Framework Act 1998.F1334,F1332]]

Definitions used in section 548 4

child

“child” means a person who is not over compulsory school age;

Defined in s.579(1) · see it in the full Act
school

(1) In this Act (subject to subsections (1A) to (1C) ) “school” means an educational institution which is outside the further education sector and the wider higher education sector and is an institution for providing—

(a)primary education,

(b)secondary education, or

(c)both primary and secondary education,

Defined in s.4(1) · see it in the full Act
local authority

“local authority” means—

(a)

a local authority in England;

(b)

a local authority in Wales;

Defined in s.579(1) · see it in the full Act
local authority in England

“local authority in England” means—

(a)

a county council in England;

(b)

a metropolitan district council;

(c)

a non-metropolitan district council for an area for which there is no county council;

(d)

a London borough council; and

(e)

the Common Council of the City of London (in their capacity as a local authority);

Defined in s.579(1) · see it in the full Act

Cases considering section 548 4

Regina v. Secretary of State for Education and Employment and others (Respondents) ex parte Williamson (Appellant) and others

[2005] UKHL 15 · 24 February 2005Interprets

The section creates a universal and mandatory prohibition on corporal punishment by school staff. Parental consent or delegation cannot circumvent it. The prohibition materially interferes with qualifying parental beliefs but is proportionate to protecting children (see paras [10]–[14]; [38]–[53]). The subsection prohibits corporal punishment by or on the authority of school staff. It applies whether or not the child’s parents have expressly authorised the punishment (see paras [10]–[14]). The phrase referring to a right exercisable by virtue of a staff member’s position covers a teacher acting in the discharge of teaching functions. It does not distinguish between express parental authorisation and its absence, but excludes a teacher acting separately as a parent (see paras [12]–[14]). The subsection defines corporal punishment as punishment which, apart from justification, constitutes battery (see para [11]). The subsection includes within “member of staff” a teacher who has control or charge of the child (see para [11]). The subsection defines “child” as a person under 18 (see para [11]).

R (Williamson) v Secretary of State for Education and Employment

[2002] EWCA Civ 1926 · 12 December 2002Limits

Section 548 removes the common-law justification for corporal punishment by teachers or other staff acting by virtue of their position. It did not prevent parents from administering reasonable chastisement themselves, which was decisive of the Convention claims. (see [16]-[20]; [73]-[79]; Arden LJ [310]-[311]) Section 548(1) prevents a teacher from justifying corporal punishment on the ground of a right exercisable by virtue of the teacher’s position. It covers the schools’ proposed regime notwithstanding general parental agreement or purported delegation. (see [14]-[20]; Arden LJ [310]-[311]) Section 548(5) preserves conduct undertaken to avert immediate danger of injury or property damage. The court treated it as confirming that section 548 removes only the authority based on staff position, not all possible justifications. (see Arden LJ [310]-[311])

McFarlane v Relate Avon Ltd

[2010] EWCA Civ 880 · 29 April 2010

The court noted that section 548(1) prevented corporal punishment being justified on stated grounds and that Williamson held the provision did not infringe Article 9. This supported the conclusion that Williamson was not inconsistent with Ladele. (see para [15])

What each judgment says about section 548 is in the case-law panel in the full Act.

Amendments and notes

6 notes from legislation.gov.uk

Amendments

  1. F1332S. 548 substituted (1.9.1999) by 1998 c. 31, ss. 131(1) (with ss. 138(9), 144(6)); S.I. 1999/2323, art. 2(1), Sch. 1
  2. F6Words in Act substituted (5.5.2010) by The Local Education Authorities and Children’s Services Authorities (Integration of Functions) Order 2010 (S.I. 2010/1158), Sch. 2 para. 7(2) (with Sch. 2 para. 7(4)(5))
  3. F1333Words in s. 548(1)(c) substituted (1.9.2008 for E.) by Childcare Act 2006 (c. 21), s. 109(2), Sch. 2 para. 27(2); S.I. 2008/2261, art. 2 (with Sch. 1)
  4. F1334S. 548(8) substituted (1.9.2008 for E.) by Childcare Act 2006 (c. 21), s. 109(2), Sch. 2 para. 27(3); S.I. 2008/2261, art. 2 (with Sch. 1)
  5. F1335Words in s. 548(8)(a) renumbered as s. 548(8)(a)(i) (10.1.2017) by The Childcare (Early Years Provision Free of Charge) (Extended Entitlement) Regulations 2016 (S.I. 2016/1257), regs. 1(2), 40(4)(a)
  6. F1336S. 548(8)(a)(ii) and word inserted (10.1.2017) by The Childcare (Early Years Provision Free of Charge) (Extended Entitlement) Regulations 2016 (S.I. 2016/1257), regs. 1(2), 40(4)(b)