DSI Stolen from school - Who is responsible?

[jamin100]

One of our Year 6 pupils stupidly brought his Nintendo DSI into school on Friday. He was staying with his Dad the weekend and wanted to use it whilst he was there.

 

I dont know the ins and outs but it somehow got out and he got it confiscated by a supply teacher in the class at the time.

 

The supply teacher put it in a basket on her desk until the end of the day. Well, it seems it was left there over lunchtime which happened to be wet play that day so all the children would of been in that room with minimal supervision (dinner ladies are next to useless)

 

Anyway fastfoward to after lunch and the DSI has gone. The pupil is obviously devistated and i really feel sorry for him. He doesnt get much and his parents are not exactly role models, his older brothers are always in and out of prison.

 

So . . . who do you think would technically be responsinble for the DSI?

 

I personally think that school should replace it. i understand that it should of never been in school in the first place but as soon as the teacher confiscated it then I believe they took responsibility for its safe keeping and returning to the pupil..

 

I dont think that its being investigated by the school and they didnt even search the childrens bags at the end of the day on Friday so no doubt its long gone by now.

[RinSewand]

I'd also expect the school to replace it, though legally I'm not sure who would be liable...

 

RwD

[rad]

It would be down to the school, surely the supply teacher will conform when they placed it.

 

The class should also be taught a lesson and sat down and someone should confess. Either that and/or a letter home.

[penfold]

I would have thought that it would be down to the school, or the very least the teacher. Once she has taken it(even if it shouldn't be in school) then she takes responsibility and shouldn't have left it unsecured. If it was mine that was stolen, I would expect to have it replaced.

[AyatollahPies]

Not sure who should replace it, but the supply teacher should be given a lesson in common sense regarding not leaving valuables unsecured.

[neon]

I remember reading about this not so long ago, a teacher confisgated a phone and it got stolen. By taking the phone the teacher is taking responsibility for the item. If it is lost, damaged or stolen whilst in this persons (the teachers) care. It is up to the person (the teacher) to show they took care of the item i.e log book to say locked in safe etc etc... if they cannot prove they have taken care of the item it is that persons or the organistation of which they represent to replace the item for the individual.

 

Please dont quote me though as I cant remember where saw it. Think it was on the tv dont get screwed? maybe?

 

hope it helps anyway

[powdarrmonkey]

In my view, the school is negligent. The supply teacher took on responsibility for it when s/he took on possession through confiscating it. This kind of thing is precisely why we don't allow student laptops in school, even in sixth form.

[Dom_]

Surely at primary school age parents would notice their kids coming home with a DSI, maybe a letter out would inform them that it was stolen and not leant to their kid?

 

Is the school in a rough area?

[TwoZeroAlpha]

Common sense would dictate the school is liable (whether or not the school persues the Supply Teacher is a different matter). Even though the kid shouldn't have had the DS in school the teacher assumed responsibility when they confiscated it.

 

If it had just been in the kids bag/possession and gone missing then tough, by all means search the other students etc but it's not a school issue.

 

If it's only occasionally stuff gets confiscated maybe a central holding area (safe at front of school) and a receipt/ticket system could work?

[penfold]

I remember reading about this not so long ago, a teacher confisgated a phone and it got stolen. By taking the phone the teacher is taking responsibility for the item. If it is lost, damaged or stolen whilst in this persons (the teachers) care. It is up to the person (the teacher) to show they took care of the item i.e log book to say locked in safe etc etc... if they cannot prove they have taken care of the item it is that persons or the organistation of which they represent to replace the item for the individual.

 

Please dont quote me though as I cant remember where saw it. Think it was on the tv dont get screwed? maybe?

 

hope it helps anyway

 

Think your right, but the example was when the personal belonging was damaged? Dont see any difference to if it was stolen. Respsonsibility still lies with the business who took respsonsiblity of your personal item and it wasn't looked after appropriately it is up to them to replace it or pay for the item to be fixed. So I think it falls on the school to replace, whether they would do anything to the teacher for being negligent(ie pay) is a different matter.

[p858snake]

Really depends on the schools policy on students bringing electronics into the school. But I would expect the supply teacher to at least compensate half for leaving it insecure.

[powdarrmonkey]

Really depends on the schools policy on students bringing electronics into the school. But I would expect the supply teacher to at least compensate half for leaving it insecure.

 

Not sure how you come up with half... is three fifths reasonable? five eighths? The supply teacher hasn't lost a bit of it, they've lost the whole thing.

[witch]

Something similar happened to me when my daughter's watch was taken for safe-keeping by a teacher and never seen again. I argued that they were responsible but they wouldnt have it and just stonewalled me until I gave up in the end

[fafster]

It's the school's responsibility. It was confiscated by the school (which the teacher is acting on behalf of) and therefore it's up to the school to ensure that it's safe.

 

A DSi has an rrp of £150, so it's not a trivial issue.

[jamin100]

Surely at primary school age parents would notice their kids coming home with a DSI, maybe a letter out would inform them that it was stolen and not leant to their kid?

 

Is the school in a rough area?

 

Yeh, were not in the nicest of areas. Half our parents are being monitored by social services for something or another. Half the parents wouldnt bat an eyelid if their child came home with someone else's DSI.

 

Common sense would dictate the school is liable (whether or not the school persues the Supply Teacher is a different matter). Even though the kid shouldn't have had the DS in school the teacher assumed responsibility when they confiscated it.

 

If it had just been in the kids bag/possession and gone missing then tough, by all means search the other students etc but it's not a school issue.

 

If it's only occasionally stuff gets confiscated maybe a central holding area (safe at front of school) and a receipt/ticket system could work?

 

I totally agree, if it would have gone from out of his bag then tough but seeing as the supply teacher took it off him I really think the school should replace it.

 

I dont think anything is being done, neither parent have kicked up a fuss but it may be that they dont know yet?

 

But I really feel sorry for this child. He relly hasnt had much of a chance in life so far. Some of the stories staff have heard from him are awfull.

 

There was talk of the staff doing a collection and replacing it for him. I hope it happens

[powdarrmonkey]

There was talk of the staff doing a collection and replacing it for him. I hope it happens

 

Hmm, the thought is nice, but it opens the school up other liabilities... what if it fails, who is responsible for getting it warrantied? Should staff instead buy other items that are more of a necessity? What will happen when other parents hear of it?

[jamin100]

Hmm, the thought is nice, but it opens the school up other liabilities... what if it fails, who is responsible for getting it warrantied? Should staff instead buy other items that are more of a necessity? What will happen when other parents hear of it?

 

Yes, I suppose it hasnt been thought into enough. Doubt it would happen anyway

[p858snake]

Know anyone thats a cop*, You could see if you could get them to do a talk at the school and try to guilt trip the party into fessing up?

 

*Or see if a cop from the local station would be willing to do it

[LeMarchand]

Know anyone thats a cop*, You could see if you could get them to do a talk at the school and try to guilt trip the party into fessing up?

 

*Or see if a cop from the local station would be willing to do it

 

Shame Jack Bauer doesn't do school visits.

 

Seriously, I would have thought that it's the school's responsibility and they should replace it. They also need to set a policy about confiscated items to prevent a reoccurence.

[dwhyte85]

HT should make an exception for the child then enforce a protocol for confiscation... simplest way as it will be the case things don't get lost if they are taken from children. We have safe in our front office for all confiscations... all confiscations are recorded and put into the safe.

[K.C.Leblanc]

Sounds to me like it's the school's responsibility.

 

Another thing to consider, if the child's DSi is not replaced the school will have great difficulty confiscating high value items in the future. Do you really think a child will hand an item over if they'll never see it again?

Edited January 27, 2010 by K.C.Leblanc

[ahuxham]

HT should make an exception for the child then enforce a protocol for confiscation... simplest way as it will be the case things don't get lost if they are taken from children. We have safe in our front office for all confiscations... all confiscations are recorded and put into the safe.

 

This, in my opinion is the right steps to take forward from this.

 

It should be the schools responsibility regardless of policy not allowing it in school, when its taken off the student he loses full control to look after his item, entrusting someone else to look after it, and that failed, had he control he might not have lost it.

[Bezwick]

I agree with the general consensus of opinion of this group, the Supply teacher took responsibility for the DSI when it was confiscated so therefore the school should be liable for a replacement as the Supply teacher was employed by the school at the time.

 

However, something does jump out about this situation or at least seams suspicious..

 

you mention his parents are not kicking up a fuss about the school loosing a £150 games console, and his siblings are in/out of prison. Could it be that he or a family memebr had stolen the DSI before the teacher confiscated it?

[penfold]

you mention his parents are not kicking up a fuss about the school loosing a £150 games console, and his siblings are in/out of prison. Could it be that he or a family memebr had stolen the DSI before the teacher confiscated it?

 

I doubt anyone who is willing to steal something would be bothered having to inform the school that they have "lost" the reciept and cant prove when they bought it. I would imagine that it is more to do with the fact they dont know it has been stolen yet. But it wouldn't suprise me if your right.

 

Would like to know how this turns out though, as I get the impression schools sometime think they can do what they like. I am suprised nothing was done at the time when it was stolen though as it's too late now:rolleyes:

[ICT_GUY]

If you confiscate an item you take responsibility for its safe keeping. By taking it from the kid you prevented him from being able to ensure the safe keeping of his property.

 

Time for the school to cough up for a new one.