PROMOTE CHILDREN AND YOUNG PEOPLE’S POSITIVE BEHAVIOUR UNDERSTAND POLICIES AND PROCEDURES FOR PRMOTING CHILDEN AND YOUNG PEOPLE’S BEHAVIOR 1. 1 SUMMARISE THE POLICIES AND PROCEDURES OF THE SETTING RELEVANT TO PROMOTING CHILDREN AND PEOPLE’S POSITIVE BEHAVIOUR When managing pupil’s behavior, all staff will need to be aware of school policies.
The majority of children/young people do not present challenging behavior, and they attend a range of educational settings in environments which are conducive to learning appropriate behaviors. It is essential to ensure that behavior which does not meet school/setting’s expectations, is responded to through management strategies that do not rely upon any form of physical or abusive intervention. The aim of this Procedure is: To promote positive behavior management in school and educational settings • To help school and educational settings understand what the law means for them in practical terms and provide staff with advice on good practice • To protect the interest and well being of children and young people for whom staff have a shared responsibility • To protect staff in the fulfillment of their responsibilities to children/young people and reduce the likelihood of actions by staff being challenged in the courts. To protect the Local Authority who ultimately has responsibility for the actions of its staff Ethos/Values The ethos of the school/setting is vital to the way in which children and young people perceive themselves as part of the school/setting community. It will determine the extent to which children and young people feel they belong to the community and as a result impact on all aspects of behaviour. A key factor in successful school/educational settings is the provision of an effective curriculum appropriately differentiated to stimulate and engage all children and young people.
Where this is achieved in conjunction with the provision of an effective personal and social education curriculum it is more likely that a calm and orderly learning environment will exist. Legislation The main piece of legislation is the Education and Inspections Act 2006 (Part 7). This replaces earlier guidance including DFES Circular 10/98, “The Use of Force to Control or Restrain Child/young persons”, and came into force on 1 April 2007.
The Act clarifies and as appropriate strengthens schools’ powers to discipline, reducing the risk of misunderstandings and challenges to their disciplinary authority, including new provisions on school behaviour policies, the power to discipline, detention and confiscation. Main changes to the guidance .Key Points Power to discipline Section 91 – the power to discipline • Teachers and certain other school staff now have a statutory “power to discipline” pupils for breaches of school rules, failure to follow instructions or other unacceptable conduct.
Previous authority was under the common law principle of “loco parentis”; • The head teacher may limit the power to apply particular sanctions to certain staff • and / or extend the power to discipline to adult volunteers. Outside school premises Section 89 • Schools have a statutory power to regulate the behavior of pupils when off school premises and not supervised by school staff • Regulation must be reasonable. Schools should be clear about the factors they take into account in deciding whether a rule or sanction is reasonable.
Confiscation Section 94 – confiscation • Schools can include confiscation of pupils’ property as a disciplinary sanction in their behavior policy. • To be lawful, confiscation must be a reasonable sanction in the circumstances of the particular case. • Decisions about retention and disposal of confiscated property must also be reasonable in the circumstances of the particular case. • The Education and Inspections Act 2006 includes a specific statutory defense for school staff that has reasonably confiscated pupils’ property.
Detention Section 92 – detention • School staff has a statutory power to put pupils aged under 18 in detention after school sessions and on some weekend and non-teaching days. • Detentions are lawful if: o pupils and parents have been informed that the school uses detentions as a sanction; and o the school gives parents 24 hours’ notice of detentions outside school sessions Statutory Guidance for governors Under Section 88 – a governing body must: make, and from time to time review, a written statement of general principles to guide the head teacher in determining measures to promote good behavior; and • notify the head teacher and give him or her related guidance if the governing body wants the school’s behavior policy to include particular measures or address particular issues. Governors are therefore strongly advised to revise their school policies in line with this new guidance, which is seen as the centre piece to an overall suite of DfES guidance across the broad range of issues around school discipline, pupil behavior and attendance.
Section 2 – “Statutory guidance for governors on their duties as regards the school behavior policy” is provided for governors in this respect and is regarded as statutory. The other sections of the guidance are non-statutory, although they will help schools to understand how to implement their relevant legal powers and duties to promote good school discipline and pupil behavior. Schools are, therefore, strongly advised to follow the guidance upon which the “model behavior policy” provided has been developed.
Confiscation (including retention and disposal) of inappropriate items KEY POINTS • Schools can include confiscation of pupils’ property as a disciplinary sanction in their behavior policy. • To be lawful, confiscation must be a reasonable sanction in the circumstances of the particular case. • Decisions about retention and disposal of confiscated property must also be reasonable in the circumstances of the particular case. • The Education and Inspections Act 2006 includes a specific statutory defense for school staff that has reasonably confiscated pupils’ property.
What the law now provides Section 91 of the Education and Inspections Act 2006 introduces, for the first time, a statutory power for teachers and certain other school staff to discipline pupils. The power covers those issues on which schools are most likely to face any legal challenges, as regards their disciplinary authority…in particular; the Act specifies a power for teachers and certain other school staff to enforce disciplinary penalties.
The penalty could be for failing to follow a school rule, an instruction given by a member of staff of the school, or for any other reason that causes the pupil’s behavior to fall below the standard which could reasonably be expected. Second, the Act provides a member of staff with a specific statutory defense if he or she proves that the seizure, retention or disposal was lawful. Unauthorized seizure, retention or disposal of a pupil’s property interferes with that pupil’s rights under Article 1 of the First Protocol to the European Convention on Human Rights, which guarantees entitlement to peaceful enjoyment of one’s possessions.
It also interferes with the pupil’s rights under domestic law. A consequence of this is that a teacher or other member of staff may only seize, retain or dispose of a pupil’s property if he or she has authority to do it. The Education and Inspections Act 2006 provides that authority when the confiscation is a lawful disciplinary penalty. It is for the staff member confiscating to show the legality of the confiscation since he or she has made the decision to interfere with the property. If authority can be shown, the staff member has a defense to all proceedings against him or her and is not liable for any damage or loss arising.
A separate legal provision in the Violent Crime Reduction Act 2006, inserted in the Education Act 1996, makes it lawful for certain school staff to search suspected pupils for knives or other weapons without consent. It also deals with the seizure of items found during the course of a search. Associated guidance sets out that schools can also screen pupils without suspicion using electronic means such as wands or arches. Schools should note however that the legal power for school staff to search pupils currently only extends to weapons.
A pupil might reasonably be asked to turn out their pockets or to hand over an item such as a personal music player that is causing disruption, and the school might use its legal power to discipline if the pupil unreasonably refuses to cooperate. However, if it is felt necessary for a pupil to be searched for (say) illegal drugs or stolen property, that should be done by the police rather than school staff using the appropriate powers available to them. Schools should also note that, while confiscation of a mobile phone is legitimate, searching through a phone or accessing text messages without the pupil’s permission is not.
In some circumstances it may be reasonable for a member of staff to ask a pupil to reveal a message for the purpose of establishing whether cyber bullying has occurred, for instance, but if the pupil refuses then the member of staff should not enforce the instruction. The staff member can, however, legitimately issue a disciplinary penalty for failure to follow a reasonable instruction. What criteria for confiscation might be used by a school? These criteria are for individual schools to determine in the light of their policies on school uniform or behavior generally. They might include: an item poses a threat to others: for example a laser pen is being used to distract and possibly harm other pupils or staff; • an item poses a threat to good order for learning: for example a pupil uses a personal music player in class; • an item is against school uniform rules: for example a pupil refuses to take off a baseball cap on entering a classroom; • an item poses a health or safety threat: for example a pupil wearing large ornate rings in PE may present a safety threat to other pupils; • an item which is counter to the ethos of the school: for example material which might cause tension between one community and another; • an item which is illegal for a child to have: for example racist or pornographic material. Protocols for how to deal with such items can be agreed with local police. Confiscating items of clothing or jewellery – risks for schools to bear in mind
Schools should take particular care when deciding whether to confiscate items of clothing or jewellery. In particular, they should have appropriate regard to whether the item in question has religious or cultural significance to the pupil and should avoid physical contact or interference with pupils’ clothing of a kind that might give rise to child abuse allegations. In order to minimize such risks, schools should ensure that if an item of clothing or jewellery is confiscated, this is done by a staff member of the same gender as the pupil and with another staff member present where possible. Confiscation of any item that would leave the pupil only partly dressed must be Avoided What to do with confiscated items
Schools should keep records of confiscated items and the grounds for the action, so that they may justify them later if challenged. Some schools write a note in the pupil planner to inform the pupil’s parent that an item has been confiscated, and the note is countersigned on return. Pupils have a right to expect that confiscated items, especially those of monetary or emotional value, will be stored safely until they can be returned. For items of obvious value, schools should ensure appropriate storage arrangements (for example, in a safe, the finance office, or the head teacher’s office). All reasonable steps should be taken to make such arrangements secure.
If similar items have been confiscated from several pupils – such as mobile phones or personal music players for example – schools should take care to ensure that they are clear which item belongs to which pupil For some items school staff should seek specialist advice – for example suspected illegal drugs or items which might be used as weapons. Schools should develop protocols in partnership with police, Youth Offending Teams and other specialist agencies to cover such issues and to ensure that schools have access to specialist support and advice if an incident occurs. Mobile communication technologies (including mobile phones and wireless technologies) The Learning Behavior report of the Practitioners’ Group on School Behavior and Discipline suggested a need for schools to have a clear policy on the use and possession of mobile phones.
This should include clear statements about powers of confiscation, taking account of: • the safety of pupils on the journey home and parental concerns over this issue – schools should return confiscated phones before the pupil leaves the school premises, if these are relevant factors; • examination board and school rules about the use of such technologies in examination settings, including supervised coursework; • the unacceptability of pupils using phones or other technological equipment to humiliate or bully other members of the school community (e. g. sending abusive text messages, cyber bullying or using camera phones for so-called “happy slapping”, i. e. ecording and transmitting of images of abuse); • whether, and in what circumstances, the school judges it appropriate to inform • parents about the confiscation of such items. How long items should be confiscated for? In most cases, confiscation is a sufficient sanction, and return of the item at the end of the lesson, school session, or school day is adequate time to reinforce the school rule. This also limits the chance of problems with loss of items while in the care of school staff. There may be some instances when the school chooses not to return an item to the pupil: • items of no value, such as an inappropriate message scrawled on a piece of paper, may simply be disposed of.
However, schools should keep in mind that some items of seemingly no value may have emotional value to the child – staff should establish if this is the case before deciding whether or not to dispose of the confiscated item; • items of value which the pupil should not have brought to school or has misused in some way might – if the school judges this appropriate and reasonable – be stored safely at the school until a responsible family adult can come to retrieve them. For example, there is no acceptable reason why a pupil should bring a cigarette lighter to school. In such circumstances retention is a reasonable step both to protect property and to enable discussion about whether the pupil is smoking and how this can be addressed; other items which the pupil should not have had in their possession – particularly of an unlawful or hazardous nature – may be given by the school to an external agency for disposal or further action as necessary. This should always be followed by a letter to the parents confirming that this has taken place and the reasons for such action. DETENTION – THE LAW Extract from “School Discipline and Pupil Behavior policies – guidance for Schools” DCFS 2007 KEY POINTS School staff has a statutory power to put pupils aged under18 in detention after school sessions and on some weekend and non-teaching days. • Detentions are lawful if: • pupils and parents have been informed that the school uses detentions as a sanction; and • the school gives parents 24 hours’ notice of detentions outside school sessions.
Section 92 of the Education and Inspections Act 2006 provides significant new scope for schools to apply the disciplinary penalty of detention. Schools now have much greater flexibility to impose detentions without parental consent, which should help both in strengthening their authority and in using this key sanction in ways that are suitably responsive to local circumstances. It is however important that these enhanced powers are used responsibly – taking appropriate account of a range of issues relating to the welfare and rights of staff, pupils and parents. This is particularly important where the detention would involve the child staying late or coming into school on a day when they would not normally be present. What the law now provides
The Act extends schools powers to use detentions, by making it lawful for schools to put pupils aged under18 in detention without parental consent at a variety of other times, outside school hours. It also removes the requirement for 24 hours’ notice for lunchtime detentions (as lunchtimes occur during normal school hours and keeping back a child for a short period at the end of the morning session will not usually cause significant problems for them as regards lunch arrangements). Moreover, along with all other disciplinary penalties apart from exclusion, this sanction is now available to all school staff in lawful control or charge of pupils and not just to teachers. The exception would be if a head teacher chose to limit the power of detention to certain groups of staff.
Other legal requirements as regards detentions remain unchanged: • Detention is only an available sanction to a school if the head teacher has previously determined this, and made it generally known within the school and to the parents of registered pupils of the school. • The sanction of detention can only be applied to pupils aged under18. • The requirement of 24 hours’ written notice to parents continues to apply to all detentions outside normal school hours. The 24 hour notice period is intended to inform parents of where their child is expected to be and to allow parents an opportunity to make alternative arrangements for travel for the child.
Schools should take careful account of the circumstances of the detention known to them, for example family holidays and care duties or other commitments of the family since the legality of the detention would be called into question if the school was acting unreasonably. However a mere inconvenience or disagreement with the penalty on the part of the parent is no excuse for non-attendance. Limiting to certain staff the power to impose this particular sanction Some schools may wish to limit to certain senior staff the power to put pupils in detention – for example to heads of year or heads of department. Other schools may wish to use the flexibility created by the Act in the opposite way – extending the power to a wider range of staff, including some or all support staff in lawful control or charge of pupils. What a detention can be used for
A range of activities can be required of the pupils which will be engaging and not lead to further ill discipline. Such activities might include: completing assessed coursework; undertaking tasks to assist staff such as classroom display work or materials preparation; or assisting staff with reparation tasks which do not raise any health and safety or child protection issues. Notifying parents about a detention The Act requires that 24 hours’ notice be given in writing, by any effective method, for all detentions outside normal school hours. It is of course open to schools to notify parents or carers of detentions at other times if they so wish. Notifying can mean: a letter, memorandum or pro-forma delivered by pupil post or by mail (allowing for the time this will take to be delivered and the fact that the 24 hours’ notice requirement applies from the time that the notification is received by the parent); • a signed dated note by a teacher or staff member in a pupil planner (acceptable if there is clearly stated expectation in the school information to parents – for • example, the home school agreement or prospectus – that parents will read the planner every day for notes from school); or • an e-mail or text notification may be used where schools have reason to be confident that the parent can be contacted reliably by this route, and where parents have previously signified agreement that communication of this sort can be sent to them via e-mail or text. In best practice a counter signature or return message is proof that parents know about the detention – but this is not a requirement for the detention to proceed.
If there is doubt about the parents receiving or responding to a detention notification then some schools use a confirming phone call, text message, or e-mail. A written record should be made of such contacts and retained in case of any subsequent challenge Detentions outside school hours – including weekends and non-teaching days While the Education and Inspections Act 2006 makes it possible for schools to give detentions at weekends and on certain non-teaching days without parental consent, it is entirely a matter for individual schools to decide whether this would be an appropriate strategy for them and fits into their overall behavior policy.
There is neither a duty nor expectation on schools to do this. Where the school wishes to include provision for detentions at weekends or on non-teaching days as part of its overall behavior policy, it needs to ensure that it takes appropriate account of issues around staff workload and conditions of service; issues around pupil welfare and notification to parents; plus issues around school security, cleaning, and budgets. Such issues may also apply to detentions after the end of the normal school day. For detentions on non-teaching days, there are also particular issues for the school to consider around entitlements to staff professional development. Staff
It is vital that arrangements for supervision by staff are undertaken in a manner that is consistent both with their contracts and job descriptions, and with the National Agreement on Raising Standards and Tackling Workload. Schools should also have regard to issues around work-life balance. Schools also need to be bear in mind that supervising detentions is not generally something which would require the professional judgment and expertise of a teacher. In accordance with the principles set out in the National Agreement on Raising Standards and Tackling Workload, it is a task that should normally be undertaken by appropriately skilled and rewarded support staff. It is important to ensure, however, that staff’s monitoring detentions are not open to any allegations of misconduct.
This will usually mean two members of staff supervising pupils in detention, or that a member of staff is continually visible by another member of staff. Some schools are using CCTV to provide back up support for staff but this should not be the sole form for protecting staff from allegations. Where a detention is arranged for a non-teaching day, the following principles should be applied: • the detention should not interfere with the training of any member of staff; • it should be carried out by support staff except in exceptional circumstances; and • it should only occur with the agreement of the member of staff concerned (unless it is otherwise a requirement of their contract of employment). Pupils and parents
Bearing in mind the requirement for 24 hours’ notice to be given to parents, schools should ensure that both parents and pupils are informed: • what the day is going to be used for; • when the pupil is required to arrive and when they will depart, and that the family needs to ensure suitable arrangements are in place for the pupil to get to and from school; • which members of staff the pupil should report to; • whether uniform should be worn; • whether the pupil needs to bring: • packed lunch and drink • any medication • any coursework or other learning materials • that the school has a legal power to impose the disciplinary penalty of detention, and what the consequences would be for non-attendance. Deciding if the timing of a detention is reasonable:
Transport: If a pupil is required to use transport to or from a detention (especially on a weekend or non-teaching day) the school should take into account whether such transport arrangements are reasonable and practicable. This may be a particular issue for schools where public transport is limited or expensive. In these circumstances schools will want to make reasonable arrangements with parents while insisting on the terms of the detention being met. The pupil’s out of school responsibilities: Schools will need to be sensitive to issues where a pupil is a primary carer, a looked after child or vulnerable in other ways. For example, a pupil may have responsibilities for helping care for a sick family member or for escorting a younger sibling home.
Or a pupil with a history of severe behavioral problems may be required as a part of a Youth Offending Team contract or court order to attend specific sessions which may fall at the time of a detention. Close liaison between schools and partner agencies is desirable. Family holidays and other commitments: When setting weekend detentions or detentions on non-teaching days, schools should take into account holidays or other commitments that have been pre-planned. It would not be reasonable to expect a pupil to miss a family wedding, an extra-curricular activity that their parents have paid for in advance, or a sporting / cultural event that the family has tickets for, to name a few examples.
Further, if the non-teaching day on which the proposed detention is to be held is at the end of the school term, the family may have arranged to start their holiday on that day. It would be unreasonable to expect the family to alter their travel arrangements. Nutrition: Although 24 hours’ notice is no longer a legal requirement for lunchtime detentions, schools should continue to be sensitive to the personal circumstances of pupils expected home for lunch and should ensure that lunchtime detentions are not of such duration that a pupil misses the opportunity to eat (not to do so would affect the reasonableness, and thus potentially the legality, of the sanction). It is essential that staff and pupils get a reasonable break at lunchtime to eat, drink and use toilets.
Lunchtime detentions should not be of a duration that would deprive any individual staff member or pupil from their proper entitlement to these things. Medical or religious circumstances: Schools will need to respond to specific circumstances affecting individual pupils, for example a requirement to take medication at specific times or the need for space for religious observance. Deciding how long the detention should be Schools will want to set out standard procedures. For example, a detention to complete outstanding coursework may need to be longer than a detention for an incident of aggression which may achieve its purpose within a shorter time.
Questions to consider include: • Is the length reasonable in the light of the seriousness of the misbehavior? • Is the length reasonable to achieve a specific outcome? • Is the length proportionate compared to other misbehavior? • If the detention is outside normal school hours, will it keep the pupil back beyond a time that might be regarded as reasonable (e. g. in terms of transport, late hours or implications for meal times)? What to do if a pupil walks out of a detention Generally, a requirement to remain in the classroom or elsewhere in the school should not be enforced by use of force, although failure to comply may be treated as a disciplinary offence.
The only circumstances in which using force would be justifiable would be where the staff involved judged that allowing the pupil to leave would: • entail serious risks to the pupil’s safety (taking account of their age and understanding), to the safety of other pupils or staff or of serious damage to property; and/or • lead to behavior that prejudiced good order and discipline. In itself, refusal to remain in a particular place would not be enough to justify use of force. Staff would have to be convinced that, if allowed to leave, the pupil would seriously disturb the running of the school by, for example, disrupting other classes. If the pupil walks out of the detention: It is best to let a staff member deal with the pupil after leaving the room – the first aim being to point out the need to return to the detention, but the second position being to make clear that the pupils will be held to account for the action they have taken. • It is important to make clear to other pupils that the pupil has made choices and will be held to account for those choices. The purpose of this is to calm down other pupils. • A further and higher level sanction may be imposed on the pupil. This higher level sanction might be a fixed period exclusion, imposed by the head teacher. TAKING ACCOUNT OF INDIVIDUAL PUPIL NEEDS Extract from “School Discipline and Pupil Behavior policies – guidance for schools” DCFS 2007 This section provides guidance to help schools take account of a range of individual pupil needs when developing and implementing their behavior policies.
It focuses primarily on pupils with SEN or disabilities but also refers to needs within certain other groups defined by OFSTED as ‘at risk’ within the education system: minority ethnic and faith groups, travelers, asylum seekers and refugees; pupils who need support to learn English as an additional language (EAL); children looked after by the local authority; sick children; young carers; children from families under stress; pregnant schoolgirls and teenage mothers; and any other pupils at risk of disaffection and exclusion. All these groups may at some point require the adults in school to take account of their individual needs and circumstances when applying the school’s behavior policy. Taking account of race, religion and culture KEY POINTS • Schools must avoid discriminating against particular racial groups in the application of their behavior policies. • Schools must monitor and assess the impact of their behavior policy on pupils, staff and parents of different racial groups. Schools should ensure staff is well informed about cultural differences in behavior and their implications. • Schools should support newly arrived pupils in understanding and following the behavior policy • Schools should take appropriate account of cultural and/or religious needs when developing or reviewing rules related to school uniform and appearance. What the law says Schools must be fully aware of the equal opportunities legislation as it relates to behavior policies. The Race Relations Act 1976, as amended by the Race Relations (Amendment) Act 2000, and regulations made under it require schools to: • eliminate unlawful racial discrimination; promote equality of opportunity and good relations between people of different racial groups; • assess the impact of school policies on pupils, staff and parents of different racial groups; • monitor the operation of the school’s policies and their impact on pupils of different racial groups; and • take reasonable steps to make available the results of its monitoring. Taking account of SEN, disability and the circumstances of other vulnerable pupils KEY POINTS • Schools must make reasonable adjustments in the application of their behavior policy to disabled pupils. • Schools must make special educational provision for pupils whose behavior related learning difficulties call for it to be made. Schools should be alert to the potentially disproportionate impact of the school’s disciplinary framework on vulnerable pupils. • Schools should identify at-risk pupils in advance. • Schools should plan proactively how the school’s disciplinary framework should be applied for each of these pupils. • Schools should ensure that all those in contact with the pupil know what has been agreed. • Schools should make sure that every vulnerable pupil has a key person in school who knows them well, has good links with the home, and can act as a reference point for staff when they are unsure about how to apply the disciplinary framework • Schools should ensure that all staff is aware of appropriate referral procedures. What the law says
The Disability Discrimination Act 1995 and the SEN duties in the Education Act 1996 (Both of which were amended by the SEN and Disability Act 2001), together with the Disability Discrimination Act 2005 (which also amended the Disability Discrimination Act 1995), provide the statutory framework that underpins equality of opportunity for pupils with SEN or disabilities in accessing school education. The Disability Discrimination Act 1995 (as amended) requires maintained schools and other public authorities, when they are carrying out their duties, to have regard to the need to: • promote equality of opportunity between disabled people and other people; • eliminate discrimination that is unlawful under the Act; • eliminate harassment of disabled people that is related to their disability; • promote positive attitudes towards disabled people; encourage participation by disabled people in public life; • take steps to meet disabled people’s needs, even if this requires more favorable treatment. What this means for schools in practical terms The Disability Rights Commission (DRC) has provided guidance that illustrates areas of high risk of discrimination for schools in relation to the application of their behavior policy (www. drc. gb. org/thelaw/practice). These include, for example: • Blanket policies, such as policies that provide a fixed penalty for a particular offence: an automatic internal exclusion for a pupil who swears at a teacher might put the school at risk of discriminating against disabled pupils.
The policy might appear to have the advantage of consistency, but may discriminate because it fails to make reasonable adjustments for the disabled pupils for whom the swearing may be ‘related to their disability’; • failing to communicate to all staff the particular reasonable adjustments that need to be made for individual pupils, for example in managing potentially confrontational situations. A failure to communicate the need to make these adjustments might put the school at risk of discriminating against disabled pupils. This is particularly so when encounters around the school bring pupils into contact with staff who do not work with them on a regular basis in the classroom. National occupational standards for supporting teaching and learning in schools
Behavior strategies: a set of broad principles and procedures for promoting positive pupil behavior that have been agreed by the governing body/parent council and school community for consistent implementation over time by everyone within the school, eg. the use of rewards and sanctions, buddies, one-to-one support, time out, counseling, behavior and anger management techniques Behavior support plans: statements setting out arrangements for the education of pupils with behavior difficulties Inappropriate behavior: behavior which conflicts with the accepted values and beliefs of the school and society. Inappropriate behavior may be demonstrated through speech, writing, non-verbal behavior or physical abuse
Reviews of behavior: opportunities to discuss and make recommendations about behavior, including bullying, attendance and the effectiveness of rewards and sanctions, for example: • class, year and school councils • class or group behavior reviews • whole school policy review School community: all personnel contributing to the work of the school including pupils, teachers, support staff, volunteer helpers, parents and carers, and other professionals/agencies School policies: the agreed principles and procedures for promoting positive pupil behavior including, as relevant to the school, policies for: • behavior management • bullying • the care and welfare of pupils • use of language • treatment of other pupils and adults within the school • equality of opportunity movement within and around the school • access to and use of school facilities and equipment Implement agreed behavior management strategies You need to: • apply agreed behavior management strategies fairly and consistently at all times • provide an effective role model for the standards of behavior expected of pupils and adults within the school • provide praise and encouragement to pupils to recognize and promote positive pupil behavior in line with school policies • use appropriate strategies to minimize disruption through inappropriate behavior • regularly remind pupils of the school’s code of conduct • take immediate action to deal ith any bullying, harassment or oppressive behavior in accordance with your role and responsibilities • recognize and respond appropriately to risks to yourself and/or others during episodes of challenging behavior • refer incidents of inappropriate behavior outside your area of responsibility to the relevant staff member for action • contribute to reviews of behavior, including bullying, attendance and the effectiveness • of rewards and sanctions, as relevant to your role • provide clear and considered feedback on the effectiveness of behavior management strategies Support pupils in taking responsibility for their learning and behavior You need to: encourage pupils to take responsibility for their own learning and behavior when working on their own, in pairs, in groups and in whole-class situations • use peer and self-assessment techniques to increase pupils’ involvement in their learning and promote good behavior • highlight and praise positive aspects of pupils’ behavior • recognize patterns and triggers which may lead to inappropriate behavioral responses and take appropriate action to pre-empt problems • encourage and support pupils to consider the impact of their behavior on others, themselves and their environment • support pupils with behavior difficulties to identify and agree on ways in which they might change or manage their behavior to achieve desired outcomes • support pupils in a manner which is likely to make them feel valued and respected and recognizes progress made • encourage and support pupils to regularly review their own behavior, attitude and achievements • contribute to collecting data on pupils’ attendance and behavior, including the use of rewards and sanctions, to inform policy review and planning • provide feedback to relevant people on progress made by any pupils with a behavior support plan Knowledge and understanding You need to know and understand: • the school’s policies for the care, welfare, discipline and attendance of pupils, including the promotion of positive behavior • the schools agreed code of conduct • the roles and responsibilities of yourself and others within the school setting for managing pupil behavior the importance of shared responsibility between all staff for the conduct and behavior of pupils in corridors, playgrounds and public areas within and outside of the school • the benefits of the consistent application of agreed behavior management strategies • the stages of social, emotional and physical development of children and young people and the implications of these for managing behavior of the pupils with whom you work • the importance of modeling the behavior you want to see and the implications of this for your own behavior • the importance of recognizing and rewarding positive behavior and how to do this • the agreed strategies for dealing with inappropriate behavior the school’s policy and procedures for rewards and sanction show to assess and manage risks to your own and others’ safety when dealing with challenging behavior • the importance of working within the boundaries of your role and competence and when you should refer to others • the specialist advice on behavior management which is available within the school and how to access this if needed • school arrangements for reviewing behavior including bullying, attendance and the effective use of rewards and sanctions • the range and implications of factors that impact on behavior of all pupils, eg. age, gender, culture, care history, self-esteem • stereotypical assumptions about pupils’ behavior relative to gender, cultural background and disability, and how these can limit pupils’ development how the home and family circumstances and care history of pupils may affect • behavior, and how to use such information appropriately to anticipate and deal effectively with difficult situations • agreed strategies for managing and meeting the additional support needs of any pupils with learning and behavior difficulties • the performance indicators included within any behavior support plans for pupils with whom you work and the implications of these for how you work with the pupil(s) concerned • how to support pupils in using peer and self-assessment to promote their learning and behavior • the triggers for inappropriate behavioral responses from pupils with whom you work and actions you can take to pre-empt, divert or diffuse potential flash points how to support pupils with behavioral difficulties to identify and agree behavior targets • how to encourage and support pupils to review their own behavior (including attendance) and the impact of this on themselves, their learning and achievement, on others and on their environment • school procedures for collecting data on pupils’ attendance and behavior, including the use of rewards and sanctions, and tracking pupil progress, and your role and responsibilities in relation to this The role of the Government is to give schools the powers they need to provide a safe and structured environment in which teachers can teach and children can learn. The Government expects: all pupils to show respect and courtesy towards teachers and other staff and towards each other • parents to encourage their children to show that respect and support the school’s authority to discipline its pupils • head teachers to help to create that culture of respect by supporting their staff’s authority to discipline pupils and ensuring that this happens consistently across the school • governing bodies and head teachers to deal with allegations against teachers and other school staff quickly, fairly and consistently in a way that protects the pupil and at the same time supports the person who is the subject of the allegation • that every teacher will be good at managing and improving children’s behavior. This advice summarizes the legal powers and duties that govern behavior and attendance in school and explains how they apply to teachers, governing bodies, pupils and parents. The Behavior Policy
Every school must have a behavior policy. The governing body is responsible for setting general principles that inform the behavior policy. The governing body must consult the head teacher, school staff, parents and pupils when developing these principles . Head teachers are responsible for developing the behavior policy in the context of this framework. They must decide the standard of behavior expected of pupils at the school and how that standard will be achieved, the school rules, any disciplinary penalties for breaking the rules and rewards for good behavior. The behavior policy must include measures to prevent all forms of bullying among pupils.
Head teachers must publicize the school behavior policy, in writing, to staff, parents and pupils at least once a year Powers to Discipline Teachers, teaching assistants and other paid staff with responsibility for pupils have the power to discipline pupils whose behavior is unacceptable, who break the school rules or who fail to follow a reasonable instruction. Their power to discipline applies to pupil behavior in school and outside school, in certain circumstances. Punishment Teachers, teaching assistants and other paid staff with responsibility for pupils can impose any reasonable disciplinary penalty in response to poor behavior. Reasonable penalties can include: confiscation, retention or disposal of a pupil’s property; and detention.
Head teachers can also decide to exclude a pupil for a fixed period (to suspend) or to permanently exclude them. . Searching Pupils School staff can search pupils with their consent4 for any item which is banned by the school rules. Head teachers and staff authorized by the head teacher have the power to search pupils or their possessions, without consent, where they suspect the pupil has weapons, alcohol, illegal drugs and stolen items Use of Reasonable Force All school staff has the power to use reasonable force to prevent pupils an offence, injuring themselves or others, or damaging property, and to maintain good order and discipline in the classroom. Allegations of Abuse against Staff
Allegations of abuse must be taken seriously, but schools should ensure they deal with allegations quickly in a fair and consistent way that provides effective protection for the child and supports the person who is the subject of the allegation. Every effort must be made to maintain confidentiality and guard against unwanted publicity while an allegation is being investigated. Suspension must not be used as an automatic response when an allegation has been reported. The school’s behavior policy should set out the disciplinary action that will be taken against pupils who are found to have made malicious accusations against school staff. Exclusion
The head teacher decides whether to exclude a pupil, for a fixed term o permanently, taking into account all the circumstances, the evidence available and the need to balance the interests of the pupil against those of the whole school community Depending on the type of exclusion, in most cases parents have the right to make representations to the governing body (or discipline committee). In all cases of permanent exclusion parents have the additional right to appeal to an independent appeal panel. Schools are under a duty to provide suitable full-time education for the excluded pupil from the sixth school day of any fixed period exclusion of more than five consecutive school days. Local authorities are under a duty to provide suitable full-time education from the sixth school day of a permanent exclusion Parents
Schools are required to have, and to ask parents to sign, a Home School Agreement that outlines the responsibilities of the parent and the school; including those around behavior and attendance. Parents are under a legal duty to ensure that their child (aged 5-16) receives a suitable full-time education either at a school or by making other suitable arrangements. Where a child is not a registered pupil and other suitable arrangements are not made, the parent may receive a school attendance order from the local authority requiring them to register their child at a school. For school-registered pupils, parents must ensure that their child attends punctually and regularly. If they do not, the school or local authority may ask them to sign a parenting contract or may issue a ? 50 penalty.
The local authority may also prosecute a parent who fails to ensure their child’s regular school attendance or apply to the courts for an education supervision order in respect of the pupil himself/herself. Parents have a clear role in making sure their child is well behaved at school. If they do not, the school or local authority may ask them to sign a parenting contract or may apply for a court-imposed parenting order. Parents must take responsibility for their child, if excluded, and ensure that they are not in a public place without good reason during school hours within the first five school days of any exclusion. If they do not, the school or local authority may issue a ? 50 penalty.
Parents must also ensure that their child attends the suitable full time education provided by the local authority from the sixth day of exclusion. If they do not, the school or local authority may ask them to sign a parenting contract, may issue a ? 50 penalty or the local authority may prosecute them. Parents are expected to attend a reintegration interview following any fixed period exclusion from primary school and any fixed period exclusion of more than five days from secondary school. Failure to attend may make it more likely that the court will impose a parenting order if the school or local authority applies for one. Here is a model what a school behavior policy should look like.
Positive behavior and attendance are essential foundations for a creative and effective learning and teaching environment in which all members of the school community can thrive and feel respected, safe and secure – the positive climate for learning. Principles This behavior policy was revised in consultation with all stakeholders on (insert date) and is due for review on (insert date). It forms an integral part of our school curriculum, for at The X School we recognize the need to teach values such as respect, fairness and inclusion as well as knowledge and skills. These clear values are reflected in the school’s principles and its social, moral and religious education programmes and the development of social and emotional aspects of learning.
We therefore expect the highest standards of behavior and conduct, support and encouragement from all members of our school community as we base our teaching and our school values: (For example) • Adults and pupils show respect for one another • All members of the school community are always considerate towards the learning needs of each individual and supportive of the school as a learning community. • Good behavior is to be rewarded and sanctions to be applied consistently for inappropriate behavior • Appropriate action will be taken to reduce the risk of inappropriate behavior occurring, including particular action to prevent a disproportionate number of behavior issues arising amongst vulnerable groups of pupils Pupils whose behavior and attendance may deteriorate through events such as bereavement, abuse, or through the divorce or separation of parents will be identified and supported • All members of the school community will be listened to and responded to • All members of the school community are entitled to work and learn in a safe and secure environment • Adults and pupils are to act as appropriate ambassadors for the school on e. g. school trips, work placements, sports events and journeys to and from school • All school adults will model positive behavior and promote it through active development of pupil’s social, emotional and behavioral skills • All members of the school community need to understand and accept these principles upon which this behavior policy is grounded.
Teaching and learning: the development of social, emotional and behavioral skills For The X School to be proactive in improving behavior we will provide opportunities within the curriculum in which positive social, emotional and behavioral expectations can be explicitly modeled, taught and practiced. There are regular explicit opportunities for learning about how to act in keeping with the school’s values and beliefs. (This is in addition to expectations of learning behavior, which will permeate the curriculum. ) For example, the development of pupils’ social, emotional and behavior skills will be achieved through: (Outline school examples, such as) • a structured programme across all years in PSHE within the pastoral programme. • within the Y7 Competency Skills curriculum Pupils with more challenging behavior have the opportunity to benefit from a period of targeted support within our School Learning Support Unit (or similar) where strategies and techniques in e. g. anger management or positive leadership skills are available. (Refer to more detail in LSU Policy and Practice documentation as required) In these practical strategies for intervention, full use is made of support from the wider community of the LA, Behavior Support Service, Education Welfare Service, Police, Connexions Service, multiagency teams, partnership working with (named) schools, other. A list of support services use, with contact names and details could be provided in an Annex) The school’s learning and teaching policy will support staff in teaching approaches which promote positive behavior and attendance. (Cross-reference to Learning & Teaching Policy) The policy should also include the rights and responsibilities of schools, pupils and parents in ensuring an orderly climate for learning Code of Conduct The X School’s Code of Conduct (or similar: rules, golden rules, expectations) promotes positive behavior, and sets explicit standards of behavior for all stakeholders. It was drawn up in consultation with pupils, parents/carers, school adults in (insert date) and is scheduled for review in (insert date).
It covers expectations of attendance, punctuality and behavior around the school and in the community, both before during and after school: (example) OUR TREATMENT RULE We are courteous to other people. We co-operate, and support each other, in our learning together. OUR LEARNING AND COMMUNICATION RULE We put our hands to ask or answer questions and during class discussions. We use positive language with other people. We listen to others, and try to have thoughtful reasons for our actions. OUR PROBLEM SOLVING RULE We settle problems and disputes peacefully. We discuss difficult problems with our teacher and together with classmates OUR MOVEMENT RULE
We always walk around the school and in and out of classrooms (safety). We line up considerately when we are required to (e. g. to come into a room, bus queue) OUR SAFETY AND EQUIPMENT RULE We come to school readily equipped to learn. We use equipment appropriately and safely. We look after our property and the property of others. Expectations for positive behavior off the school site At The X School we have high expectations of the behavior of our pupils when off school premises. This includes behavior on activities arranged by the school, such as work experience placements, educational visits and sporting events; behavior on the way to and from school; and behavior when wearing school uniform in a public place
As such this policy has the following objectives in regulating behavior off the school premises: (for example) • to maintain good order on transport, educational visits or other placements such as work experience or college courses • to secure behavior which does not threaten the health or safety of pupils, staff or members of the public; • to provide reassurance to members of the public about school care and control over pupils and thus protect the reputation of the school; • to provide protection to individual staff from harmful conduct by pupils of the school when not on the school site To that extent, the school will: (for example) work with transport providers to agree how behavior on public or contract transport should be addressed • make explicit statements about how rewards and consequences (including loss of access to transport) can improve behavior • make our expectations clear through a ‘safe travel’ lesson as part of pupils’ induction to the school. • Work with work experience providers and colleges to ensure the school / provider contract makes clear expectations of standards of behavior and procedures to use in the case of poor conduct • liaise with local groups such as Neighborhood Watch, retail staff, street wardens and police to establish clear communication routes and operational strategies, particularly to manage complaints by individuals in the community. work with parents to show how they can report poor out-of-school behavior of specific types by pupils • ensure that all applications for educational visits include clear statements to parents and pupils about behavior standards and processes. • ensure that staff educational visits procedures packs clearly state the expectations and disciplinary sanctions available to staff • ensure that the Head teacher should be explicit about levels of authority which are delegated to staff on educational visits. • ensure that a contact strategy should be given to a senior leader so that advice for staff is available in a crisis, particularly on residential trips and particularly for international trips
New media (such as mobile phones, internet sites and chat rooms) Technology can be exploited by pupils in order to bully or embarrass fellow pupils or members of staff. The use of defamatory or intimidating messages / images inside or outside of school will not be tolerated and confiscation, disciplinary sanctions / restorative justice procedures will be applied to perpetrators as appropriate. Abuse or intimidation of staff outside school The X School will not tolerate abuse or intimidation of staff by pupils when not on the school site, and when not under the lawful control or charge of a member of staff of the school. Staff is made aware that: they have the same rights of protection from threat as any citizen in a public place; • they should use their professional judgment about immediate action to take in circumstances where a number of young people are present and displaying intimidating behavior: • their first concern must be for their own personal safety; • they should make clear that the pupil has been recognized, even if in a group of young people; • they should then use their judgment about how to leave a difficult situation without provoking further confrontation Staff who feel that they have been subject to abuse or intimidation by pupils outside of school should refer the issue in the first instance to (nominated member of staff). The school will apply disciplinary sanctions and restorative justice procedures as appropriate at a suitable time when the pupil is in school. Rewards and Sanctions Our Code of Conduct is supported by a coherent system of rewards and sanctions that are based on the concept of choice and consequence, with the ownership of the behavior placed firmly with the pupil: • Should pupils choose to follow school expectations and behave appropriately, then they will be rewarded. Should pupils choose not to follow school expectations and behave inappropriately, then a system of sanctions can be reasonably applied if appropriate. Underpinning the application of rewards and sanctions is an expectation that all adults in the school will intervene with pupils in a manner that: • encourages and promotes positive behavior • Looks to defuse and positively manage confrontation should it arise. Rewards At The X School we believe that the values and beliefs that underpin the positive climate for learning are best promoted when pupils feel secure and are appropriately rewarded for all aspects of their school life – including behaving as expected. Rewards are much more effective than punishment in motivating pupils.
To secure the positive climate for learning, the school seeks to create an atmosphere where the emphasis is on praise and encouragement whilst accepting that there will be a need to support those who find it difficult to maintain acceptable behavior and conduct At The X School, a wide range of whole school rewards is available: Praise: the school expects adults to use praise and encouragement statements at a ratio of at least 3:1 to every corrective statement and higher, particularly where relationships are being developed or re-established, or in re-enforcing desired behaviors. Praise needs to be accessible to all members of our school community and to be applied consistently.
The school encourages all adults to recognize the efforts pupils make in lesson, in their positive behavior and attendance, in the help and respect they offer adults and other pupils in school and in the community and in the way they treat the environment. All adults are encouraged to reward positive behavior through: (For example): • Oral praise statements • Written praise in the marking of work • Displaying of work to build self-esteem • Deployment of responsibilities • Recording success in pupil progress files, planners. • Referral to Form Tutor, Subject Learning Leader, Pastoral Leader, SLT, head teacher, governors • Contact with parents/carers
In addition to the above strategies, the school has a formal reward system which is used to recognize and congratulate all pupils when they set good examples or show improvement in their own behavior or attendance: (For example, with provision of further detail, rewards hierarchies in flowchart format): • “Good News” postcards • Entry into “points means prizes” competitions • Nominations for school awards, • Merits and commendations, certificates, privileges • Celebration Assemblies and presentation days Sanctions Sanctions are necessary for pupils who choose from time to time not to follow the School Code of Conduct and behave inappropriately. At The X School we accept that it is our responsibility to support those pupils so that they can make better behavioral choices in the future.
As such the available sanctions are to be used to promote and develop positive behavior rather than to be used as punishment or retribution, and all adults and pupils are expected to use the opportunities provided within the sanctions system to look to resolve the issues that have led to the inappropriate behavior. As much as there is an onus on pupils to take ownership of their behavior, the school also expects all adults to maintain a professional approach in managing their own behavior and in modeling expected behaviors when intervening and interacting with pupils. Sanctions are more likely to promote positive behavior and regular attendance if pupils see them being applied fairly and consistently. Adults are further expected to: make clear they are dealing with the behavior, rather than stigmatizing the person; • avoid early escalation to severe sanctions, reserving them for the most serious or persistent misbehavior; • avoid sanctions becoming cumulative and automatic (sanctions should always take account of individual needs, age and understanding); • avoid whole group sanctions that punish the innocent as well as the guilty; • wherever possible, use sanctions that are a logical consequence of the pupil’s inappropriate behavior (for example, if work is not finished in class the teacher might make the pupil stay behind at break time to finish it off); • use sanctions to help the pupil and others to learn from mistakes and recognize how they can improve their behavior • when appropriate, use sanctions to put right harm caused; • never issue a sanction that is humiliating or degrading; • use sanctions in a calm and controlled manner; • ensure that sanctions are seen as inevitable and consistent (pupils should know that a sanction, when mentioned, will be used); • attempt to link the concept of sanctions to the concept of choice, so that pupils see the connection between their own behavior and its impact on themselves and others, and so increasingly take responsibility for their own behavior; • take account of individual circumstances.
For example, punishing a girl who is late to school because she looks after younger siblings will not be seen as fair by other pupils; • encourage pupils to reflect on the effects of misbehavior or absence on others in the school community, as part of everyday teaching and through the “Restorative Justice” opportunities provided. The maintenance of the positive climate for learning in and around the school is the responsibility of all members of the school community The primary responsibility for maintenance of the positive climate for learning in the classroom lies with the adults within the classroom. Adults are therefore advised to: • deal with the issue as it occurs; make it clear that they are condemning the behavior not the person; • avoid early escalation to severe sanctions, reserving them for the most serious or persistent misbehavior; • avoid whole group sanctions that punish the innocent as well as the guilty; • avoid humiliating or degrading sanctions; Taking account of individual pupil needs (SEN, disability, vulnerabil