Private schools are using human rights
legislation to try to reintroduce corporal punishment just two
years after it was banned. they have won a judicial review of the
ban that could, if successful, see the return of the cane and the
slipper this year.
An allience of almost 50 mainly christian
schools has been granted a review of the School Standards and
Framework act which brought independant schools into line with
the state sector, where beatings were outlawed in 1987.
Phil Williamson, head of the 200-strong
Christian Fellowship School in Liverpool, said the action was
intended to "prick the concience of the nation". He
added: "The ending of corporal punishment in schools is
partly to blame for a widespread moral decline. The education
department only talks about raising academic standards but we
need to put moral standards into our children.
The move follows a petition in the European
courts by families who said their human rights were infringed
because they cannot delegate the discipline of their children to
a teacher.
The court ruled that the British legislation
banned teachers only from making their own decision to punish a
child for their actions. This view is opposed by the Department
for Education and Skills, hence the judicial review.
John Friel, a barrister specialising in
government law and children`s rights and who is representing the
allience, said: "A number of people have expressed dismay at
me having taken this case but everyone is entitled to justice.
This group are no exception.
"They have a right to follow honestly
held beliefs unhindered by the state who`s actions have been
incongruous in trying to prevent teachers administering
discipline while allowing arguably less qualified parties, such
as grandparents or childminders, to do so."
Private schools in Britain suspended
corporal punishment after the government warned that teachers who
administered it would be placed on a list with other "abusers"
deemed unfit to work with children.
Williamson said: "We do not want a
return to Dickensian times where children were wantonly hit. It
is the context of the discipline which is important. Children
need boundaries and all we are trying to do is set those."
The pressure group End Physical Punishment
of Children said: "Parliament has made clear it`s wishes on
this subject." The education department said: "we will
be contesting the claim."
