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Confiscation of items

  • 07-09-2011 12:01pm
    #1
    ldxo15wus6fpgm
    Closed Accounts Posts: 1,359 ✭✭✭


    Can a body such as a school legally confiscate items from a student and then refuse to give them back for a certain period of time? Even if the items do not technically belong to him/her?
    Thanks.


Comments

  • #2
    MagicSean
    Closed Accounts Posts: 9,897 ✭✭✭MagicSean


    i would think that would be covered in the code of discipline.


  • #3
    [Deleted User]
    Posts: 0 ✭ [Deleted User]


    Also I am pretty sure that school authorities act in loco parentis so, unless a parent raised a specific objection, I couldn't see there being an issue really.


  • #4
    ldxo15wus6fpgm
    Closed Accounts Posts: 1,359 ✭✭✭ldxo15wus6fpgm


    So if the parents objected to the confiscation of the item, and the school refused to return the item for, let's say a week, they would be acting ultra vires?


  • #5
    seamus
    Registered Users, Registered Users 2 Posts: 68,190 ✭✭✭✭seamus


    The items ultimately belong to the parents. The school must return them to the parents when requested, unless the parents have otherwise agreed via contract/code of conduct that the school may withhold items for specificed periods of time.

    A refusal to return the items is theft.

    The school would generally have the authority to confiscate the item from the child initially.


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