ANDREW DENHOLM, Education Correspondent of the Glasgow Herald has written an interesting article following sevberal cases in Scotland of teachers being cleared of accusations of assault. His article says:
Teachers' leaders last night called for new guidance to be published on the amount of physical force that can be used to control unruly pupils. The demand came from Scotland's largest teaching union after a deputy head was cleared of assaulting a primary pupil by dragging him across the floor of the school dining hall.
Simon Simpson, 42, was alleged to have injured the 11-year-old boy following the incident at a primary school in Glasgow's east end, last November. However, yesterday he was found not guilty at Glasgow Sheriff Court after a sheriff ruled that he had tried to move the boy - who had a history of disruptive behaviour - for his own safety.
The case follows a growing number in recent years taken against teachers following false allegations of assault.
In June last year, a male supply teacher was cleared of head-butting a 13-year-old pupil at a Borders school. Just a few months earlier, Lorraine Stirling, 50, was found not guilty of assaulting seven pupils at a school in Central Scotland after a court heard a gang had made up stories about her hitting them.
Following the latest verdict, the Educational Institute of Scotland (EIS) called for new guidance from the Scottish Executive setting out how far teachers could go to tackle unruly pupils, many of whom had become "untouchable".
Ronnie Smith, the union's general secretary, said: "As the law stands, and in the current climate when even trivial and groundless complaints often end up in court, the only safe approach is for teachers to avoid even touching a pupil. That cannot be in anyone's best interests, least of all the children who have become society's untouchables."
However, the executive dismissed the need for additional guidance, saying the position had been set out clearly in the 2005 Safe and Well handbook for teachers. As a general principal physical contact should be minimised. Staff should not do it unless restraint is needed to protect the child from harm," said a spokeswoman.
"That should only be attempted as a last resort and when it can be achieved without causing harm to the child and the member of staff involved." Mr Smith said the careers, family life and professional standing of teachers were being blighted by local authorities "running scared" whenever a complaint, however trivial, was raised. "This is undermining teachers in maintaining the good order in our schools that society expects."
His comments were backed by Bill McGregor, general secretary of the Headteachers' Association of Scotland, who added: "There are circumstances where you cannot walk away from this sort of confrontation and we need firmer guidelines from the executive on what can be done." Mr Smith also called for teachers to be given anonymity until a case was proven against them.
Mr Simpson was cleared of assault following evidence that the pupil, who cannot be named for legal reasons, had a history of disruption and had been suspended six times from the school - once for punching the deputy head.
The deputy head - who was suspended from his £40,000-a-year post until the beginning of this term, claimed he was trying to get the "aggressive" boy out of the canteen and away from other pupils after he lost control shortly after assaulting an asylum seeker in the playground.
Mr Simpson, who is now back in the school, said he was pleased the sheriff had "believed the truth".
A spokeswoman for Glasgow City Council said: "We carried out our own detailed internal review and following the findings the employee has been back at the school since the beginning of term. The outcome of the court case today vindicates this decision."
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