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What can schools do when confiscating a phone?

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abbyw | 19:34 Fri 15th Jun 2012 | Law
38 Answers
Hi, Im a student and my school have a rule that if a phone is used or seen in class it will be confiscated which i agree is reasonable but is it legal to keep it after school? For example If i had an after school club and the reception was closed when I had finished but my parents were not there to collect me, it was dark and everyone had been collected i would have no way of contacting someone to collect me and could wait for hours if my parents were stuck in traffic, this surely makes it illegal for schools to confiscate phones for longer than the school day? Also if a student is found on their phone in class and the phone is confiscated do teachers have the right to look through there phone and check for inappropriate or rude language? Is this illegal because its the students property?
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Yes, they can confiscate phones.

If you don't want anyone to go through your phone put a security code in it.
There were no mobile phones when I was at school but any items confiscated were not returned until the end of term , just as you were leaving school for the holidays. Confiscation is a punishment and you would not see your item for weeks.
At my sons school items only get returned if the parents come and collect them.
The law actually gives headteachers (and authorised staff) the right to PERMANENTLY confiscate and DESTROY any items, found in the possession of a pupil, where such possession contravenes either the law of the land or school rules.

Also, the rules specifically state that where 'electronic devices' are found (in contravention of school rules), the data stored in them can be examined (and deleted) if there is reasonable cause to do so.

Start here (page 1 of 15) for a full statement of the law:
http://www.education....hing-and-confiscation

When I was teaching our rule was always that confiscated items would only be returned to a PARENT (who had to make an appointment to collect the items).

Chris
I certainly would ask for it back at the end of the school day, particularly if you were staying for after-school activities. There is however a very easy solution in future - don't get it out during class.
This question makes me feel ancient and I'm not even that old.
my question would be, if the device was damaged who would pay for a repair or a replacement? School's are playing a dangerous game handling expensive items like mobile phones. I do agree mobile phones should not enter the classroom though
So how do you think schools should deal with the issue?
The school would not be held responsible. The phone shouldn't have been in school in the first place.
I'd assume pupils and parents will have already received a written rule if phones were not allowed in class so I don't see it as the school's reponsibility if it gets damaged because you've broken the rule.
Despite the current trend for upgrading terminology the fact remains that if you are at school you are not a student you are a pupil. Students are those in post-secondary education.
"my question would be, if the device was damaged"

Read the first paragraph of Chris's answer, the school can destroy the phone if they want so paying for damages isn't really an issue.
One problem teachers face, though, is that too many pupils simply refuse to hand the phone over. One girl used to stick hers down in her blouse and say come and get it, and some lads stick it in their trousers.
Phones in school are a pain in the backside. Confiscating them is such a hassle. However, all you need to do is go and get your phone between school ending and your after school thing starting (and at this time of year it doesn't get dark till about 9.30 so that really isn't an issue). If you don't want to get your phone confiscated, don't get it out in lessons.
confiscate the whole pupil complete with phone then :)
Mike:
When I was teaching (1975-90) our Head would have gone ballistic if any member of staff referred to the young people in our care as 'pupils'; they were only to be referred to a 'students'. (Further, the word 'school' was removed from all signs and letterheads, leaving just the first part of the name - e.g. 'Grange Hill', rather than 'Grange Hill School'. Our establishment had to be referred to as a 'community').

Chris
people managed to survive perfectly well 15 years ago before phones were common.

causing you to have to wait is not illegal!

use a phone box, or a friends phone.
I'm really glad I got out of teaching before mobile phones became ubiquitous. The worst I had to deal with was cigarettes or the odd porno mag.
Buenchico - re your answer, don't you think that all this community Sugar, pupils as equals, etc, etc has made many of our schools the crap holes that they are?
Easy solution to your problem, obey the rules. If you have no phone and don't feel safe then you must skip the after school club....and stop whining, its unattractive.

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