Can your child's teacher join protests? Rights and responsibilities in and out of the classroom explained

• Teachers do have the right to legally protest outside of school just like anyone else.
• They can also share their own views with students, but they must take special care.
• Most schools have a legal responsibility to be politically impartial.
• Teachers are, however, able to fight back against misinformation, conspiracies, and discrimination.

Your child’s teacher is their own person, likely with their own views on politics and different national and international issues.

They are just one of countless people with different thoughts and feelings your child will encounter throughout their lifetime. But what about when their position conflicts with your family’s own, or has ruffled feathers in the community? And what are they allowed to say about their activism or political views to their pupils in class?

Parts of the UK have been gripped by disorderly and often violent riots in the past couple of weeks, in the wake of a tragic stabbing in Southport which saw three little girls killed. At the same time, enormous counter protests have taken place across the country - with tens of thousands standing up against what amounted to religious and racially-motivated attacks.

But this is far from the only cause to have attracted thousands of passionate protesters to its ranks in recent months. In some cases, these important political issues create huge division in our society - which teachers responsible for young charges from all walks of life will have to navigate in the classroom, while also having opinions of their own.

Here’s what the government’s latest guidance on the issue says their rights and responsibilities are:

Are teachers allowed to join protests?

Yes, outside of school educators have every right to take part in protests for causes that are important to them - as do students, parents, and anyone else. Just like anyone else, however, they can face legal action or even criminal charges if their activism ends up breaking the law in any way.

When widespread protests are going on in the UK or the rest of the world, teachers can support their pupils in discussing or debating the issue at school. But the government warns they should not suggest or encourage them to join protests, nor should they promote and partisan political views advocated by a protest movement - even if they are a part of that movement.

If a protest or any other political activity is likely to involve criminal activity, schools have a responsibility to actively discourage their pupils from taking part in it.

Teachers or any other school staff should also be wary of not breaching their school’s legal duty to be politically impartial while at school either. For example, creating and displaying a banner at school thanking the NHS would be appropriate, but one demanding reform to the NHS could get them or the school in trouble - and these views should be saved for outside of the classroom.

What about talking about political issues in the classroom?

This debate really falls into two categories; teaching about a political issue in class, and just discussing it.

Regardless though, all maintained state schools have a legal requirement to be politically impartial - as do most state-funded academies and even independent schools. This means that no one partisan political view should be promoted, and when political issues are brought up by students, schools must present opposing views in a balanced way - giving them the evidence and other views needed to come to their own, informed conclusion.

At the same time, however, schools are bound by the Equalities and Human Rights Acts, which prevent discrimination based on things like race, religion, gender, disability or sexual orientation. They must also actively promote the fundamental British values of mutual respect and tolerance of others, despite any differences, and be clear that discrimination and hate have no place in our society.

Special rules also apply to religious schools, government guidance says, and they are free to teach according to the tenets of their faith. The government does not consider principles or views in line with religious tenets to be covered by its rules on political impartiality.

When it comes to what is taught in the classroom, potential political issues can pop up in any subject. Teachers do not have to teach misinformation that goes against scientific facts and evidence even if some might consider the issue political, such as when teaching about climate change. But if they go on to teach about different political parties’ solutions to tackle climate change, this should be done in a balanced way.

They also don’t need to cover every possible opinion to the point where it becomes impractical. The government’s guidance says that if they are teaching about a humanitarian crisis and whether the UK should intervene, presenting broad arguments for and against it is good enough.

When teaching about historical events, differing views only needs to be presented if the even was particularly recent or controversial, the government adds. And when teaching about political ideologies themselves, they should always be clearly presented as opinions rather than hard facts, without promoting any one over the other.

Teachers can challenge factually inaccurate claims, warn pupils about common misinformation relevant to political issues being taught, and don’t have to teach about conspiracy theories not backed up by evidence. But just like any other issue, they may be raised by students in class - especially if they have heard about them online.

When it comes to discussing their own beliefs, or more informal discussions about current events or political issues raised by students, there is actually no specific rule stopping teachers from expressing their own views on political issues. However, the government warns that there is a risk that doing so could sometimes amount to promoting a partisan political view, or compromise the balanced presentation of opposing views. To avoid this, teachers should be presenting their views as opinion rather than fact, and make sure students know that others might have different views worth exploring too.

Teachers do have a professional code of conduct, which sets out the standards they are expected to meet. Under these standards, teachers must ensure that their personal beliefs are not expressed in ways which “exploit pupils’ vulnerability or might lead them to break the law”.

Can teachers be punished for expressing political views or protesting?

In some instances, yes. While the right to take part in peaceful protests is protected by law, any violence or crimes committed during the course of protests are not. If a teacher commits a crime and is convicted, they may be permanently or temporarily prohibited from teaching.

Even if they are not convicted of a crime, the Teaching Regulation Agency can impose a prohibition order on teachers in some circumstances, like if they are given evidence that their actions or behaviour undermine fundamental British values.

The education secretary also has the power under the Education and Skills Act to ban someone deemed an unsuitable individual from taking a leadership position in independent schools or academies. This can stop them from becoming a headteacher, or even a deputy or assistant headteacher. Reasons to invoke this power also include having committed a criminal offence, but there are also a number of conduct-related reasons like breaching professional standards.

Schools can also have their own policies and standards as to how they want teachers to behave, which may include rules around social media usage or behaviour outside of school. While anything infringing on their staff’s rights likely wouldn’t hold up legally, they may also take disciplinary action as an employer for any serious breaches.

If you have concerns about a teacher’s behaviour, you should speak to the school leadership team. Each school in England will also have a complaints process they can refer you to for more serious concerns.

What do you think about teachers expressing their political views or attending protests? Have your say and join the conversation by leaving a comment below.