Recent headlines in the news have outlined some concerning trends – specifically, an increase in aggressive and/or unacceptable student behaviour. These issues are a challenging area to address within schools. From privacy considerations to police involvement, it is important for schools to understand the relevant legal framework and requirements they need to work within, to take appropriate action.
We have set out some key tips to consider when dealing with these types of issues:
- Addressing unacceptable behaviour – School policies should govern any actions that may need to take place following a behavioural incident. Schools should ensure that their policies provide clear protocols and processes as to how matters will be dealt with, and these should be followed to ensure the school is compliant with its own standards. If a student is subject to a formal process, this should also be completed in accordance with the principals of natural justice (i.e. the student is given notice of the concerns, an opportunity to be heard in relation to this, and that any responses by the student are considered, before a decision is made). Each incident should be considered on its own facts, with any individual circumstances and relevant factors (e.g. behavioural disabilities) being taken into account on a case-by-case basis.
- Health and safety – must always be considered when dealing with these matters. Schools have a duty to provide a safe and healthy environment which includes minimising any actual or perceived risks of harm. This duty extends to students, staff, parents, visitors, and volunteers that may attend a school. Students and staff should know what to do, where to go and who to contact, should any behaviour incidents occur. Support should be given to affected students and staff after any incidents.
- Police involvement – may be appropriate where serious situations occur or are threatened. However, where there is a police investigation on foot, individuals have a right to silence, which can impact a school’s ability to undertake its own internal processes. In these circumstances, students or staff can decline to answer questions about the concerns raised and no adverse inference can be drawn from this. Where police involvement occurs before/during a school process, we recommend seeking legal advice and support through any such process.
- Child safety – behavioural incidents can sometimes stem from situations where a student is experiencing mistreatment at home (or in other environments). Schools need to bear in mind the steps and processes set out in their child safety policies, including Oranga Tamariki involvement where appropriate.
- Privacy – when addressing behavioural incidents, schools need to make sure they are complying with their privacy obligations. This includes when a school is working through its internal processes, updating the school community and answering questions from the media. Information should only be shared in line with the requirements of the Privacy Act 2020 (for example, where the individuals have agreed to disclosure of the information or disclosure is necessary to uphold or enforce the law).
Should you have any enquiries about this article please get in touch with Rachael Judge, Partner, Simpson Grierson.
Rachael Judge | Partner
Simpson Grierson
+64 21 241 5921
rachael.judge@simpsongrierson.com
