16th December 2004 - Risk Management Challenge for Principals

Risk Management Challenge for Principals

Every school has a legal Duty of Care to its pupils. What this means is that the Board of Management, through its Principal and teachers must provide a level of supervision which is comparable to that provided by a reasonable parent. The level of supervision will be influenced by the age of the child and the nature of the school environment. Every school today has a code of behaviour incorporating a policy on Bullying Prevention. Such codes will have reasonable child appropriate sanctions up to and including suspensions.

However, the culture of a Primary School (given that it serves education within the compulsory age range) is to use suspension sparingly and only as a last and final resort. Because of the Duty of Care responsibility, a Principal will make every attempt to deploy strategies in collaboration with Parental Support to address the problem. Suspending a child is rarely a solution in itself and is often a symptom of failure to gain the support of parents.

If a child poses a tendency towards violence the Principal faces the dilemma of managing the behavioural problem within the school context or suspending the pupil. This is a classic risk management situation. Parental Support or the lack there of is fundamental to this decision. If schools are going to be the target of litigation arising from incidents between pupils, Principals will detect a greater sense of vulnerability and the likelihood is a trend in increased suspensions as a means of protecting from litigation.

In a case of repeated pupil violence, it must be recognised that schools operate within strict legal parameters which protect the rights of others.

The responsibility borne by parents in relation a child's behaviour must become the focus of any attempt to address this issue.

Is mise le meas,

Seán Cottrell
Director

 

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