| Source: | All England Reporter |
| Publisher Citation: | [2001] All ER (D) 405 (Nov) |
| Court: | Administrative Court |
| Judge: | Elias J |
| Representation | John Friel (instructed by Fiona Bruce & Co) for the claimants. |
| Hugo Keith (instructed by the Treasury Solicitor) for the Secretary of State. | |
| Judgment Dates: | 15 November 2001 |
Catchwords
Education - Corporal punishment - Independent Christian school - School believing in corporal punishment - Whether use of corporal punishment in independent schools abolished - s 548.
The Case
Section548 of the removed entirely the defence of reasonable chastisement from the teacher when he was acting in his capacity as a teacher by virtue of a child being placed in his control. A teacher could not acquire the power by virtue of the parent expressly delegating the function of administering corporal punishment to the teacher. No parent could simply confer a defence of justification for assault on another. Moreover, the legislation did not infringe any human rights.
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