Possession laws in England?

Question

In my school some new rules have come in uniform wise. They have become really strict with even stupid things like the colour of our ear rings. So if we are wearing the wrong ones they're confiscated, which is fine, except we have to pay in order to get them back. We have to pay £2.00, which is ridiculous considering most peoples ear rings don't even cost that much... So I'm tryin to find out if its illegal to charge people to get their own possessions back? Because then I can use it against them if they try confiscate my stuff when I go back.

Answer 1

Im sure what they are doing is ilegal....Pop to a Citizens advice bureau.

Im sure they are not alloweed to do what they are doing and I would contest it fully.

You should ask for your earings back without charge and if they insist on keeping them then its theft and you will make a Police Complaint against them.....Take a witness with you.

Answer 2

If it is a private school, then you are there by choice and the contract can provide for almost any sort of agreement, including making new rules.  You do not have to agree and have the option of attending a public school.  The authority to make and enforce the rules is not the authority of law, but the authority granted by your agreement to attend the school.  

Answer 3

This may come down to Loco Parentis. The school would no doubt say that it is acting with the power of a parent in confiscating and demanding payment. So one way to deal with them would be have your parents demand the return of your property.

The school might very well then claim its "rules" are that you have to pay, but, if it's a state school, there was probably never any agreement to that effect, and if there was, then that agreement would either not be legally enforceable or in any case subject to the common law rule that it is not legally to enforce a contract with a penalty clause (which in effect this is).

If challenged, and asked on exactly what legal authority they are demanding money, and with your parents supporting you, they might give in.

In any event what their doing is probably not a criminal offence. Theft requires dishonest, and its obviously arguable that they aren't acting dishonestly, or do not realise if they are. Involving the police will not help.