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Student behaviour legislation (FOI)

Student behaviour legislation (FOI)

Produced by the Bailiff's Chamber
Authored by Government of Jersey and published on 26 April 2022.
Prepared internally, no external costs.

Request 

In the UK, Head teachers have the legal power to make sure pupils behave outside of school premises (state schools only). This includes bullying that happens anywhere off the school premises, for example on public transport or in a town centre. 

Again in the UK, legislation means that schools have to act to prevent and address any bullying - online or otherwise - which takes place in school, while pupils are travelling to or from school or while pupils are on school trips or visits.

Is there any equivalent legislation in Jersey which tackles bullying outside the school premises, e.g. travelling to or from school? 

If not, is any legislation planned? 

Response 

Legislation in Jersey is different to the UK. 

The Education (Jersey) Law 1999 paragraph 35 states: 

35      Duty of headteacher

(1)     Every headteacher of a provided school shall determine –

(a)     what is to be regarded as an acceptable standard of behaviour in the school; and

(b)     measures including, as required, rules and provisions for enforcement, for the furtherance in the school of the purposes of this Part.

(2)     Every headteacher of a provided school shall, in determining any measures –

(a)     ensure that they are consistent with any statement of general principles issued under Article 34(a); and

(b)     have regard to any guidance in respect of a particular matter issued under Article 34(b).

(3)     Every headteacher of a provided school shall make any measures generally known within the school and amongst the parents of its pupils. 

This part of the law is adhered to by each school publishing their Behaviour/Anti-Bullying policy on their website. 

Behaviour/Anti-Bullying policies state that school communities will work with all agencies where the bullying of or by pupils takes place off school site or outside normal school hours (including cyberbullying) the school will ensure that the concern is fully investigated. Appropriate action will be taken, including providing support and implementing consequences in school in accordance with their Behaviour policy.

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