6. The governing body must provide clear advice and guidance to the headteacher on which he/she can base the school behaviour policy.

7. This is particularly important in respect of teachers’ powers to search, to use reasonable force and to discipline pupils for misbehaviour outside school. Although these powers may look straightforward in legal terms, they are not always fully understood by staff, pupils and parents, and staff can feel particularly vulnerable to challenge if they use them.

8. Clear advice and guidance from the governing body, which feeds directly into the behaviour policy, will help members of staff better understand the extent of their powers and how to use them. It will also help ensure that staff can be confident of the governing body’s support if they follow that guidance.

9. While it is for each governing body to decide their own principles, we would always expect the governing body to notify the headteacher that the following should be covered in the school behaviour policy:

  • screening and searching pupils (including identifying in the school rules items which are banned and which may be searched for); 
  • the power to use reasonable force or make other physical contact;
  • the power to discipline beyond the school gate;
  • pastoral care for school staff accused of misconduct; and
  • when a multi-agency assessment should be considered for pupils who display continuous disruptive behaviour.

10. In providing guidance to the headteacher, the governing body must not seek to hinder teachers’ powers by including ‘no searching’ or ‘no contact’ policies, nor to restrict their power to discipline pupils for misbehaviour outside of school.

11. Governing bodies will also wish to consider their duty under section 175 of the Education Act 2002 requiring them to make arrangements to ensure that their functions are carried out with a view to safeguarding and promoting the welfare of children and their general duty to eliminate discrimination under section 149 of the Equality Act 2010.