The language of detention is very outdated. It can have negative effects on rights of both children and adults.

Is it always the same learners who are in detention? Does it work as a strategy? Does the school give detention to follow a policy, or to show that they are taking action?

There may be some pupils who feel safer in a room rather than being out and about at lunch or break times. They may behave in a certain way to get kept in.

Have you considered going back to first principles linked to rights?

Work with learners and staff to agree appropriate and proportionate consequences.

These should not be a one size fits all and learners should understand this. We adapt our teaching to meet individual needs. We also need to be flexible in how we regulate behaviour. This is not always easy but in we can find broad agreement to suit most situations. Exceptions happen. In these cases, we need to think about other supports and responses.

Examples from schools

The detention system for unacceptable behaviour involves pupils losing half of their lunchtime. This contravenes the child’s right to play.

Consider:

1. What other consequences could we put in place?

2. Did the child contravene the rights of others to get the detention?

Further reading

Promoting Positive Relationships and Behaviour in Educational Settings

It can be challenging to give meaningful consequences that discourage harmful behaviour.

We need to discuss responses to ensure that children's rights are upheld. This should include teachers, parents and the young people involved. Consequences need to be appropriate for the individual.

A set of inflexible rules and consequences can be problematic. Some children and young people may struggle to understand and follow them. It might be better to have guidelines which place the focus on rights, respect and dignity. For example, at the start of term, the class co-creates a contract. You can then revisit this throughout the year.

Address issues calmly. This should include an acceptance, apology, reparation and restoration. For example, sharing guidance around safety, relationships, and property.

All consequences should consider the rights of staff and children.

Further reading

Promoting Positive Relationships and Behaviour in Educational Settings

When two children's rights conflict, who gets to say what child's rights are more important? 

It is important to reflect on whose rights are being infringed. Is it adults or other children.

Discuss which rights have been impacted upon and avoid using the language of blame. Talk about the restoration of rights of all involved.

Article 3 from the UNCRC can help, as can finding solutions which removes the apparent conflict but upholds the rights of all.

For example if someone is loudly trying to expressing a view whilst others are learning. Educators could introduce an approach where views or questions are noted on a post-it or show-me-board. This will allow views to be contributed and responded to in a less disruptive way.

Further reading

Respect me: Bullying and Rights

My rights, my say

Rights do not depend on responsibilities. Rights are unconditional and individuals do not have to earn them. Children have them from birth to age 18 regardless of their circumstances.

The definition of ‘responsibility’ is very subjective. If a child thinks their rights can be removed if an adult doesn’t approve of their behaviour, they can be at risk.

How do we define responsibility for a young child or a person with significant support needs?

Children do need to learn what responsibility is. This is not connected with their rights.

It is better to consider how rights are respected. This includes the rights of adults too.

Further reading

Children's Parliament - Mythbusters

UNICEF - Myths and misconceptions