Are children allowed detention at school?

Definition

Detention, also called silentium or rework, is an educational or disciplinary measure that teachers use in school. It is a tool used when a student misbehaves or violates duties. Detention means that a student is not allowed to go home with the other students after class, but has to stay at school for a certain time and complete certain tasks.

Among the school’s disciplinary measures, detention is considered a mild form of detention. In most German states, parents must be informed if a minor is to be detained. The school laws of the states regulate detention.

What are the conditions under which children may be detained at school?

As a general rule, detention should be used as a disciplinary measure if a student behaves badly, misses classes or shows comparable school misconduct. It is an educational method that serves the purpose of helping the student learn from his behavior and gain insight. A prerequisite for detention of children in school is that the child has misbehaved.

Detention must not be arbitrarily or abusively imposed on children. Detention may only be applied if the regulations of the federal states are observed. Some states have clear specifications on the duration and implementation of detention, while other states regulate detention less strictly. If the state allows only two hours of detention, a previously written deadline or the presence of a teacher, these regulations must be implemented in detention.

How long can children be detained?

The duration of the detention varies from state to state. In Baden-Württemberg a teacher may order up to two hours and the principal up to four hours of detention. In Brandenburg, detention is allowed for a maximum of one lesson. It is important that the parents of underage students should be informed before the student is ordered to detention.

When does detention become a deprivation of liberty?

Detention is considered deprivation of liberty if teachers do not comply with the provisions of the School Act when ordering detention. In Germany, these are regulated in the School Act and in some cases vary greatly from state to state. In North Rhine-Westphalia, detention is permitted if parents are informed in advance.

In August 2016, a teacher in Neuss was convicted of deprivation of liberty for allegedly forcing a student to remain in the room after the end of class. Detention actually constitutes a deprivation of freedom for students if this educational measure is misused or applied in a way other than that stipulated in the school law. Teachers must abide by the provisions of the School Act when ordering detention.