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AIBU?

Share your dilemmas and get honest opinions from other Mumsnetters.

Think this school policy is ridiculous

771 replies

sadbutdontknowwhy · 20/12/2023 11:50

Secondary school
DS15 has had his phone confiscated for the 3rd time this term.
Absolutely fine, he shouldn't have had it out so deserves the punishment
However, they won't give it back to him at 3.15. A parent has to go and collect it.
Tried to explain that 1, it means one of us leaving work, and 2, he needs it to access the gym straight after school, and 3, it his property but they won't budge. It stays with school until a parent can collect
In no way am I kicking off about the confiscation, but I'm fuming I'm also being punished as well!
Arghhhhh. Rant over.

OP posts:
ReadingSoManyThreads · 20/12/2023 13:29

cardibach · 20/12/2023 13:23

You would look pretty silly since the law explicitly allows this. It’s not theft. And nobody from the school is controlling the child outside of school hours. Just his phone.

The law does not explicitly allow this, it clearly states that the school must act in a reasonable manner, and they have a legal duty to ensure their pupils are safeguarded for health, safety and well-being. Keeping a phone overnight would be classed as unreasonable, and arguably unlawful.

Ffsmakeitstop · 20/12/2023 13:29

sadbutdontknowwhy · 20/12/2023 11:59

To clarify, he's had it confiscated 3 times but this is the 1st time I've to collect

School have been awful this term with new standards and a lot of the kids are struggling

Struggling to follow rules. What a shame. Time they learnt to follow rules.

Perhapsanorhertimewouldbebetter · 20/12/2023 13:30

Tacotortoise · 20/12/2023 13:25

It doesn't have to be theirs in order for them to confiscate it though. Confiscation is not theft, that's why when your car is clamped and towed its not been stolen.

OK, it's not theirs to confiscate then.
The policy should be that phones are left in lockers, if they have them, or in bags under the desk, during class time.
Taking/confiscating/stealing something that isn't yours is not acceptable.

Also, this has been raised already but worth saying again - some schools expect children to have a phone use in some subjects (eg they play kahoot games as a class or they look up info etc) but also penalise them for glancing at said phone. It is a mixed message.

SomersetLevels · 20/12/2023 13:30

EarthlyNightshade · 20/12/2023 13:13

OP I think you should try this.
Very curious to see how it would play out.

It will be very outing when she’s arrested

Sunshineandflipflops · 20/12/2023 13:30

My 16 year old had his phone taken off him last week at school for having it out in class. He got it back at the end of the day but I told him if it happens again, he won't be taking it to school at all.

I don't care if it inconveniences him as that's the only way he will learn.

Richard1985 · 20/12/2023 13:30

AnonnyMouseDave · 20/12/2023 13:17

I would be sorely tempted to phone the police and accuse the head teacher of theft. I am not joking. I understand that schools need to have rules, and I support punishing kids who break them, but sorry, beyond detention no school has the right to steal ANY CONTROL whatsoever over my child outside of school hours, and they have no right to steal.

😂😂😂

the police are unable/unwilling to deal with actual crimes. I would love to hear their response to this one

NuffSaidSam · 20/12/2023 13:30

cardibach · 20/12/2023 13:28

They. Have. Been. Told. Not. To. Take. Them. Out.
Jesus. What about this aren’t you getting? The rule is phones in bags/lockers. 3 times this boy has broken the rule, in common with many pupils up and down the country. At that point confiscation and other consequences happen. What do you suggest when the rule is phones in bags and a child takes a phone out without permission?

I think @Perhapsanorhertimewouldbebetter might be on a wind-up.

I can't believe anyone is struggling to understand the facts of the OP to this extent.

SchadenfreudeIstMeinMittelname · 20/12/2023 13:30

ReadingSoManyThreads · 20/12/2023 13:27

I cannot believe the amount of people who are ok with this.

The law states that they must act in a reasonable manner, and keeping the phone after 3.15pm, and overnight for however many nights until a parent can collect would be seen as unreasonable here. Schools have a duty for the health, safety and well-being of their pupils, and it could be argued here that they are failing in the duty by not returning his phone when leaving school.

I have heard of other parents contacting the police as the school are acting unreasonably, it's essentially theft now if they refuse to give it back to him when he leaves school that day.

@sadbutdontknowwhy I would be reminding the school in no uncertain terms of the laws, (others have provided helpful links), that they must be acting reasonably and that they have a duty to protect their pupils for health, safety and well-being, and that failing to return his phone when he leaves school that day is them failing in their duty to do so, and that you'll be making formal complaints and reporting them to the police for theft (you can do this quickly and easily online).

I'm a former teacher, and I do think the school is being unreasonable. Stand up to them and remind them of their legal duties. That usually works.

It's not unreasonable, it's not theft and generations of school children have managed to get themselves safely home after school without any electronic devices whatsoever. And if you really were a teacher, it's probably as well that you have moved on to other things.

Thegoodbadandugly · 20/12/2023 13:30

I see your picking the phone up I personally would not let him have it for another few days he really needs to learn to follow the rules ADHD or not.

ReadingSoManyThreads · 20/12/2023 13:31

sadbutdontknowwhy · 20/12/2023 12:35

Tried to explain this. Got told 5 times 'it's school policy' and 'I don't have the authority to override it'

Tell them school policy doesn't trump law and that they are acting unreasonably in keeping it overnight (as you are unable to collect it). Remind them that they have legal duties and that by keeping the phone overnight, would arguably be deemed as unlawful.

OhNaffOffYouWazzock · 20/12/2023 13:32

It's the same in my DC school. I'm completely supportive of the policy.
Mine have cheap second hand phones and are fully aware if they get confiscated school can keep them.

cardibach · 20/12/2023 13:32

Perhapsanorhertimewouldbebetter · 20/12/2023 13:30

OK, it's not theirs to confiscate then.
The policy should be that phones are left in lockers, if they have them, or in bags under the desk, during class time.
Taking/confiscating/stealing something that isn't yours is not acceptable.

Also, this has been raised already but worth saying again - some schools expect children to have a phone use in some subjects (eg they play kahoot games as a class or they look up info etc) but also penalise them for glancing at said phone. It is a mixed message.

Jesus. THIS IS THE POLICY!!!
He's being punished because he took it out in contravention of the policy.
And is it mixed messages that you are allowed a computer at work but not access social media/porn/whatever in work hours?

Perhapsanorhertimewouldbebetter · 20/12/2023 13:32

NuffSaidSam · 20/12/2023 13:30

I think @Perhapsanorhertimewouldbebetter might be on a wind-up.

I can't believe anyone is struggling to understand the facts of the OP to this extent.

I am not 'on a wind up' - what are folk not getting about the policy being to keep them in lockers (if they have one) or in bags under the desk? My son's school seem to manage to do this!
Also, as already stated above (quoted exactly to save scrolling back) - Also, this has been raised already but worth saying again - some schools expect children to have a phone use in some subjects (eg they play kahoot games as a class or they look up info etc) but also penalise them for glancing at said phone. It is a mixed message.

LaurieStrode · 20/12/2023 13:32

Neriah · 20/12/2023 13:25

I have just seen a poster suggesting that the appropriate "nuclear response" is to make a false allegation of improper sexual activity against the teacher who has confiscated the phone. I was already gobsmacked at the number of people who think that schools should not expect parents to enforce rules. No wonder behaviour in schools (and elsewhere) is so appalling these days if these are the attitudes of the so-called resp[onsible adults. And no wonder nobody wants to teach. Anyone thinking of teaching these days, with these attitudes around, needs their head testing.

No wonder so many people are growing up to be irresponsible, thoughtless, self-centered, professional victims.

No consequences. No respect for others. No impulse control.

Perhapsanorhertimewouldbebetter · 20/12/2023 13:33

cardibach · 20/12/2023 13:32

Jesus. THIS IS THE POLICY!!!
He's being punished because he took it out in contravention of the policy.
And is it mixed messages that you are allowed a computer at work but not access social media/porn/whatever in work hours?

(fairy god)
This isn't the policy, they have taken something that they have no right to take, then refused to return it without being obtuse.
Edit - also, why mention porn? Lots of things can be used to waste time, by adults and kids, no need to mention porn.

cardibach · 20/12/2023 13:33

ReadingSoManyThreads · 20/12/2023 13:29

The law does not explicitly allow this, it clearly states that the school must act in a reasonable manner, and they have a legal duty to ensure their pupils are safeguarded for health, safety and well-being. Keeping a phone overnight would be classed as unreasonable, and arguably unlawful.

Edited

Not necessarily. And the school are only keeping it overnight if a parent doesn’t collect. There’s an opportunity to get it back. Having a phone or not isn’t a health and safety issue.

sadbutdontknowwhy · 20/12/2023 13:33

BlackeyedSusan · 20/12/2023 13:12

It's the second time at our school. Lots of teachers will remind them first. Not all.

He could, of course, have taken the detention for refusing to hand it over. That risks not going to prom or on trips at the end of the year though and your school might put him in isolation instead...

No option for this or he would have

OP posts:
VickyEadieofThigh · 20/12/2023 13:34

ReadingSoManyThreads · 20/12/2023 13:31

Tell them school policy doesn't trump law and that they are acting unreasonably in keeping it overnight (as you are unable to collect it). Remind them that they have legal duties and that by keeping the phone overnight, would arguably be deemed as unlawful.

It's not "unlawful".

AnonnyMouseDave · 20/12/2023 13:34

VickyEadieofThigh · 20/12/2023 13:19

Do you think nobody has tried this before? The police would tell you it's not theft, it's nothing to do with them (and if they had any sense, to tell your child to follow school rules and stop inconveniencing you).

I do not care, I would be doing EVERYTHING in my power to make the head's life an absolute misery, and same for the police if they didn't take the theft seriously

cardibach · 20/12/2023 13:35

ReadingSoManyThreads · 20/12/2023 13:31

Tell them school policy doesn't trump law and that they are acting unreasonably in keeping it overnight (as you are unable to collect it). Remind them that they have legal duties and that by keeping the phone overnight, would arguably be deemed as unlawful.

The word ‘arguably’ is doing a lot of heavy lifting there.
You are arguing it. I don’t see any actual reason for anyone to agree with your argument though.

Maxus · 20/12/2023 13:35

Perhapsanorhertimewouldbebetter · 20/12/2023 13:33

(fairy god)
This isn't the policy, they have taken something that they have no right to take, then refused to return it without being obtuse.
Edit - also, why mention porn? Lots of things can be used to waste time, by adults and kids, no need to mention porn.

Edited

They have confiscated it, not taken it.they havent refused to return it, they are returning it to the parents. Dear god.

MissJoGrant · 20/12/2023 13:35

Perhapsanorhertimewouldbebetter · 20/12/2023 12:01

Every time I hear about schools confiscating phones I wonder what legal right they actually have to take it? Taking it away from your son to stop him using it in class - ok, I suppose, though surely it being left in his bag/locker would be more appropriate than them stealing it? To not return it to him at the end of the day is even more ridiculous though - they should return it to him.

Here's your answer:

thinkstudent.co.uk/can-schools-confiscate-items-from-students/#:~:text=Schools%20can%20confiscate%20any%20item,search%2C%20with%20or%20without%20consent.

NuffSaidSam · 20/12/2023 13:36

Perhapsanorhertimewouldbebetter · 20/12/2023 13:32

I am not 'on a wind up' - what are folk not getting about the policy being to keep them in lockers (if they have one) or in bags under the desk? My son's school seem to manage to do this!
Also, as already stated above (quoted exactly to save scrolling back) - Also, this has been raised already but worth saying again - some schools expect children to have a phone use in some subjects (eg they play kahoot games as a class or they look up info etc) but also penalise them for glancing at said phone. It is a mixed message.

Of course you're winding us up!

The amazing policy you've come up with is the policy at this school. He was supposed to keep it in his bag. He didn't. He broke the policy. That was clear in the OP and in about a hundred posts since. You're not that thick!

Also the 'you can't confiscate something that isn't yours' 😂😂😂.

It's a good one! But leave it now, we know you're joking.

Tacotortoise · 20/12/2023 13:37

AnonnyMouseDave · 20/12/2023 13:34

I do not care, I would be doing EVERYTHING in my power to make the head's life an absolute misery, and same for the police if they didn't take the theft seriously

You're adorable.

MissJoGrant · 20/12/2023 13:37

Starsun · 20/12/2023 12:03

DD’s school tried this. She needs her phone out regularly because she has a medical condition and it’s part of her care needs. She just refuses to hand it over - at first before staff were aware of her it happened a lot but I think they had a meeting so they knew to stop.

Every so often a new member of staff tries the same she just explain then refuses (they always say it’s zero tolerance no exceptions) , walks away and then lets her HOY know

The school needs to print and laminate a pass for her.