Part VIMiscellaneous
Independent schools
293Corporal punishment
1
Section 47 of the [1986 c. 61.] Education (No. 2) Act 1986 (corporal punishment) is amended as follows.
2
In subsection (1), after “pupil” there is inserted “to whom this subsection applies” and after that subsection there is inserted—
1A
Where, in any proceedings, it is shown that corporal punishment has been given to a pupil by or on the authority of a member of the staff, giving the punishment cannot be justified if the punishment was inhuman or degrading.
1B
In determining whether punishment is inhuman or degrading regard shall be had to all the circumstances of the case, including the reason for giving it, how soon after the event it is given, its nature, the manner and circumstances in which it is given, the persons involved and its mental and physical effects.
3
In subsection (5)—
a
for the words preceding paragraph (a) there is substituted “Subsection (1) above applies to a pupil”, and
b
for “but” there is substituted “and in this section “pupil””.