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Woking High School

Behaviour and Discipline Policy

Governors Committee Responsible: Curriculum Link Governors: Mrs Kathryn Hitchings SLT Responsibility: Mr Matthew Crowley Date Reviewed: June 2017 Date of next Review: June 2018

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PURPOSE

To ensure that all students and parents know, understand and follow the school policy on behaviour and discipline.

To ensure that all teaching, associate staff and volunteers know and understand the school policy on behaviour and discipline and follow it when managing student behaviour.

CONTENTS

1. Context of the Policy 2. Aims and Objectives 3. Roles and Responsibilities 4. Taking Account of Individual Students Needs 5. Procedures/Rules 6. Rewards and Recognition 7. Sanctions 8. Supporting Student Behaviour 9. Supporting Staff 10. Monitoring the impact of the Behaviour and Discipline Policy 11. Review Period

Appendix A — Rewards at WHS Appendix Ai –Rewarding Positive Behaviour Classroom Chart Appendix B – Positive Behaviour Steps at WHS Appendix C – Positive Behaviour Steps Classroom Chart Appendix D – Managing Behaviour Flow Chart Appendix E – A summary of teachers powers based on DfE guidance Appendix F — Code of Conduct Appendix G — Student Learning Profiles Appendix H — Home-School Agreement Appendix I — DfE publication - Use of Reasonable Force Appendix J — DfE publication – Behaviour and Discipline in Schools Appendix K — DfE Publication – Screening Searching and Confiscation Appendix L – 3 Tier Response to Uniform at WHS Appendix M – Restorative Practice Steps at WHS

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1. CONTEXT This policy is written in response to the Education and Inspection Act 2006 and with reference to the Equality Act (2010). The following DfE guidance will be used in conjunction with applying the policy: Behaviour and Discipline in schools – advice for headteachers and school staff https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/488034/Behaviour_and_Discipline_in_Schools_-_A_guide_for_headteachers_and_School_Staff.pdf Use of Reasonable Force – advice for head teachers, staff and governing bodies https://www.gov.uk/government/publications/use-of-reasonable-force-in-schools Screening, Searching and Confiscation – advice for head teachers, staff and governing bodies https://www.gov.uk/government/publications/searching-screening-and-confiscation As with all Woking High School policies, there will be a consistent application of the policy and procedures which will take into account gender, race, disability, religion or belief, sexual orientation, pregnancy and gender reassignment.

2. AIMS AND OBJECTIVES OF THE WOKING HIGH SCHOOL BEHAVIOUR AND DISCIPLINE POLICY

Woking High School regards the Behaviour and Discipline Policy as underpinning all teaching and learning. The policy will enable the school to maintain an environment conducive to learning, one which safeguards the rights of students to be educated and is proportionate. The aims of this policy are to:

1. promote self-discipline and respect for others 2. promote outstanding behaviour 3. promote high self-esteem 4. ensure fairness of treatment for all to ensure the welfare of all 5. ensure a consistency of response to all behaviours 6. provide a safe environment for students and staff 7. encourage a positive partnership with parents

This policy will apply at all times when students are the responsibility of school staff and when they are out of school and are acting in such a way as to bring the school into disrepute (whether or not they are in school uniform) e.g. to and from school, on educational visits, work experience. Schools have a statutory power to regulate the behaviour of students when off school premises and not supervised by school staff.

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3. ROLES AND RESPONSIBILITIES

i. The Governing Body will establish in consultation with the Headteacher, staff and parents the policy for the promotion of good behaviour and keep it under review. It will ensure that it is communicated to students and parents, is non-discriminatory and the expectations are clear. Governors will support the school in maintaining high standards of behaviour and will have in place a Link Governor for behaviour and safety. ii. The Headteacher is accountable for the implementation of the policy, and will delegate the responsibility for its day to day management to the Senior Leadership Team and others. iii. Staff, including teachers, associate staff and volunteers, will be responsible for ensuring that the policy and procedures are followed, and consistently and fairly applied. Mutual support amongst all staff in the implementation of the policy is essential. Staff have a key role in advising the Headteacher on the effectiveness of the policy and procedures. They also have responsibility, with the support of the Headteacher, for creating a high quality learning environment, ensuring at least good behaviour and implementing the agreed policy and procedures consistently. Staff have a statutory authority to impose sanctions on behalf of the school.

iv. The Governing Body, Headteacher and staff will ensure that there will is consistent application of the policy and procedures which will take into account gender, race, disability, religion or belief, sexual orientation, pregnancy and gender reassignment. Parents will be informed of the statutory nature of this policy.

v. Parents and carers will take responsibility for the behaviour of their child both inside and outside the school. They will be encouraged to work in partnership with the school to assist the school in maintaining high standards of behaviour and will have the opportunity to raise with the school any issues arising from the operation of the policy. (See also Appendix H Home School Agreement)

vi. Students will be expected to take responsibility for their own behaviour and will be made fully aware of the school policy, procedures and expectations through assemblies and tutor group activities. Students also have a responsibility to ensure that incidents of disruption, violence, bullying and any form of harassment are reported. (See also Appendix H Home School Agreement, Appendix G the school Code of Conduct and refer to the Anti-Bullying Policy)

4. TAKING ACCOUNT OF INDIVIDUAL STUDENT’S NEEDS

The staff at Woking High School will take into account the particular needs of more vulnerable students, those with SEN, disability and/or different race, religion or culture and will ensure that the policy will:

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not discriminate against particular racial groups in the application of the Behaviour and Discipline policy

ensure staff members are well informed about cultural differences in behaviour and their implications

support newly-arrived students in understanding and following the Behaviour and Discipline policy

make reasonable adjustments in the application of the Behaviour and Discipline policy for disabled students

make special educational provision for students whose behaviour-related learning difficulties call for it to be made

identify students at-risk in advance and plan proactively how the disciplinary framework should be applied for each of these identified students

not discriminate against students with regard to sexual orientation, pregnancy and gender reassignment

make sure that every vulnerable student 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 how to apply the behaviour policy.

5. PROCEDURES/RULES

The procedures arising from this policy will be developed by the Headteacher in consultation with the staff. These procedures will make clear to the students how acceptable standards of behaviour can be achieved and will have a clear rationale which is made explicit to staff, students and parents. The procedures will be consistently and fairly applied and promote the idea of personal responsibility and that every member of the school has a responsibility towards the whole community

6. REWARDS AND RECOGNITION

A school ethos of encouragement is central to the promotion of outstanding behaviour. Rewards are one means of achieving this. They have a motivational role in helping students to realise that good behaviour is valued, and are clearly defined in the procedures. Integral to the system of rewards is an emphasis on praise both informal and formal to individuals and groups (See Appendix A and Appendix Ai) 7. SANCTIONS

Positive behavior steps (sanctions) are sometimes needed to respond to inappropriate behaviour and schools have a statutory power to impose them. A range of sanctions is clearly defined in the attached appendices. The sanctions guidance make a clear distinction between the sanctions applied for minor and major offences. (See Appendices B, Bi and C)

8. SUPPORTING STUDENTS’ BEHAVIOUR

At Woking High School staff work with students to ensure they develop and progress to be good self managers who are ready to take advantage of learning opportunities on a day to day basis. To

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help students develop outstanding behaviour for learning and to support the orderly running of the school the following systems are used:

i. Restorative Practice

All members of Woking High School are dedicated to Restorative Practice. When dealing with behavior issues our approach is to be non-judgemental and separate the behaviour from the person. Staff and students are taught to be inclusive, respectful and fair when tackling issues in class and around school. Our aim is always to improve emotional intelligence by using simple but effective principles. In any situation three steps are followed; Step 1 Story Telling (What happened?), Step 2 Impact (Who has been affected by this?), and Step 3 Solution Focused (What needs to happen now?). We encourage restorative meetings and in certain situations larger restorative conferences. For more information on our restorative approach please see Appendix M.

ii. Senior Leadership Team Patrol

During the school day the Senior Leadership Team circulate the school in and out of lessons, looking at students’ work and praising where students are doing well. At least one member of the Senior Leadership Team will be on patrol at any given time. (The Senior Leadership Team Patrol is made up of staff from Senior Leadership Team, Heads of Year and Heads of Department)

Students who are doing well in lessons will be recognised by the Senior Leadership Team for their hard work and effort. Students who are not meeting behaviour expectations can be removed by the teacher with the Senior Leadership Team Patrol to a specific room, elsewhere in the Department or the Focus Centre. A student who has been removed by Senior Leadership Team Patrol will have a restorative practice session designed to help them understand why their behaviour was not appropriate, the impact of their behaviour and what they can do to improve their behaviour next time. The incident is logged in by the class teacher and a sanction could be issued.

Data on students removed from lessons is recorded in the Senior Leadership Team Patrol folder and this is followed up each day by Heads of Year to ensure the incident is appropriately sanctioned. Parents will be informed by a Head of Year or member of the Leadership Team as soon as possible after the incident has occurred.

Information gained from Senior Leadership Team Patrol will be monitored regularly for patterns and trends and subsequent behaviour management adapted.

This system not only sanctions negative student behaviour but helps improve their behaviour in the lesson from which they were removed. It also supports staff to meet students’ needs, deliver outstanding lessons and provide input, where required, to support development on behaviour management.

iii. Student Support Services

Some students have specific needs that affect their behaviour in school and need extra support to help them manage this. To support these students, Woking High School employs members of

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staff to work with students on their specific areas of need. This may take the form of group sessions or individual meetings. Unless there is a child protection issue, what takes place in these meetings is confidential.

iv. The Focus Centre

This specialist Centre provides a programme which enables students to re-engage with school life following behavioural incidents, special medical needs or long term non-attendance.

v. The House System

All Woking High School students and staff are members of one of the four houses. The House System aims to:

develop a sense of belonging and community within a safe environment enrich every student’s experience of school life encourage enjoyable and healthy participation

Through participation in in-house activities, students develop self esteem, self worth and a greater sense of community, all of which contribute to better behaviour for learning.

vi. Citizenship Lessons

At Woking High School, the Citizenship programme covers Personal, Social, Health and Economic Education (PSHEE) and Careers advice and guidance. The programme helps students learn about the world around them and their place in it, explore ideas and help them to define their personal goals for the future. All these areas help provide students with skills and motivation to succeed in the rest of their school life.

vii. Student Voice

All students have the opportunity to express their views about life at Woking High School through specific feedback times in the tutor programme on a weekly basis, Year Council representatives, School Council representatives, Subject Council representatives, Learning Consultants and the Student Leadership Team. Knowing their views are valued, and being consulted on changes in the school helps students to feel part of the Woking High School community.

9. SUPPORT FOR STAFF

i. INSET and CPD

Staff are provided with the following related training throughout the year:

Safeguarding and Child Protection training Restorative Practice Training Online-Safety training

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Anti-Radicalisation guidance and training Child Sexual Exploitation guidance and training FGM and FM guidance and training Domestic Violence training Safeguarding seminars Regular Behaviour for Learning Forums INSET on all aspects of Behaviour Management and use of school systems CPD in departments to develop classroom management to even higher levels Behaviour management training for groups of staff Groups in departments working on scenarios to share good practice Request support from Senior Leadership Team to run a group session Work with a specific member of staff on behaviour strategies Request Senior Leadership Team to undertake intensive work with a member of staff Examine curriculum to ensure differentiation to meet students’ needs Share ideas to ensure delivery of Good and Outstanding lessons

ii. SIMS Behaviour Management System

SIMS is Woking High School’s online behaviour recording system. SIMS stores information about incidents of positive and negative behaviour. All staff can access this and use it to track and monitor student behaviour.

10. MONITORING THE IMPACT OF THE BEHAVIOUR AND DISCIPLINE POLICY

Woking High School will monitor all aspects of this policy including the distribution of rewards and sanctions for all sub-groups (e.g. SEN, gender, Pupil Premium) in order to ensure that our behaviour policy is fair, reasonable and transparent. This will take place through various means including regular discussions with students, staff, parents and governors.

Schools have a specific duty to monitor the impact of the operation of policies on students, parents/carers and staff from different racial groups. Woking High School will evaluate the impact of this behaviour policy and act on the results of these evaluations. Racial harassment will not be tolerated and the school will record all racist incidents, and parents/carers and governors will be informed of such incidents and the action taken to deal with them. The Woking High School Governing Body will inform the Local Education Authority annually of the pattern and frequency of racist incidents.

11. REVIEW PERIOD

This policy will be reviewed annually taking into account subgroups such as vulnerable children and consultation with staff, students and parents.

APPENDIX A

Rewards at Woking High School

Woking High School’s aim is to promote positive behaviour. The school has a clear system of rewards to ensure they notice and recognise the efforts of all students especially when they are doing particularly well. Students are rewarded for good work, progress, attendance and acts of kindness as well as achieving in different aspects of school life. There are a range of rewards at Woking High School including verbal praise, SIMS Behaviour Points, (House Points), Award Certificates and Awards Assemblies. There are a range of rewards at Woking High School, and these are listed below, with examples of how to achieve them.

Reward Description Examples of how to achieve this

Verbal Praise . For answering a question well in class . Individual kindness in a lesson/helping other students in class

House Point – for praiseworthy academic work and for working well in a lesson or at home.

. For submitting a good piece of homework

. For completing a good piece of classwork

. For meeting targets agreed with tutor/class teacher

. Successful presentation work

House Point - for a spontaneous act of courtesy or assistance. Demonstrating good behaviour or participation.

. Being helpful to a member of staff

. For looking after a peer

. Duty Student

. Taking on extra responsibility

SIMS Behaviour Point = 1 House Point

Milestones No of HP

Reward

Letter of achievement from LC 25 Letter of achievement from Head of Year

Bronze Award 75 Bronze Award Certificate sent home with access to Bronze Level rewards

Silver Award 100 Silver Award Certificate sent home with access to Silver Level rewards

Gold Award 150 Gold Award Certificate sent home with access to Gold Level rewards

Platinum Award 200 Letter of Achievement from the Headteacher Invitation to Platinum Reward Event

*Please note: The awards above are achieved for reaching the total number of house points across one academic year.

Subject Department Praise

Students will also be rewarded by departments with phone calls home, letters and/or post cards. Excellent work will be displayed within the department/school and students may be asked to present in assembly. Departments also give awards to students at the annual ‘Young Achievers Assembly’.

Woking High School House System Woking High School is divided in 4 houses that compete in various activities/competitions throughout the year. House Points are awarded individually but also on a team basis. Students work together within the House

Competition to be awarded overall best house across the year. A trophy is awarded in the final assembly of the year to the winning house.

Additional Awards

Students are nominated for weekly awards during each assembly. These include attendance awards, student of the week and tutor group of the week. We also have half termly ‘Celebrating Success Assemblies’ and an annual Young Achievers Assembly and our National Records of Achievement Awards Ceremony. In addition students who are awarded A1 GOLD, A1 Outstanding and A2 Good Student Learning Profiles at the end of each term are invited to special events. The nature of these events can vary depending on student feedback. There are also ‘Tutor Group Celebration’ sessions at the end of each year.

Charity Token Initiative

The School Council have created a charity initiative that rewards students with a token each time the receive a House Point. This token can then be deposited into one of our charity boxes in the main foyer. The charity with the most tokens at the end of each half term will then have a donation made to them on behalf of the school. The School Council (and Year Councils) will decide on 3 new charities each half term.

Awards for Celebrating Success Assemblies

Most Progress 1 boy and 1 girl based on

data£5 voucher each of their

choice 100% Attendance Individual names in a

draw £10 Voucher

Achievement Award (For the most Green Writings)

Individual Totals Gift

Participation Award (For most GCA)

Individual Totals Gift

No Red Writings Individual names in a draw

Gift

Tutor Group with the most House Points

Student Totals Bag of Lollies

Tutor Group with Best Attendance Based on results Chocolates Student Learning Profiles At Woking High School ‘Learning Profiles’ are used to judge a student’s attitude to learning. Appendix G gives details of how students achieve these. They are awarded each term by subject staff and tutors and an overall profile grade is given by Learning Coordinators using the guidance below. This enables the school to share students’ progress with parents and also allows the students to access certain privileges and reward events depending on the profile they receive. These rewards are constantly reviewed by the School Council.

How are Overall Learning Profiles Calculated?All subject teachers and tutors award students a Learning Profile (A1, A2, T, I1 or I2) based on their progress and attitude to learning during the term. Students with all A1 profiles are awarded the A1 Gold profile overall. Students with predominantly A1 profiles and no Ts are awarded an A1 profile overall. A2 overall profiles are awarded to students with predominantly A2

learning profiles. Students who receive three or more T profiles or a T profile in Maths or English are awarded a T profile overall, Students who receive one I1 profile move down one profile overall, Students who receive two or more I1 profiles are awarded the I1 profile overall, Students awarded one or more I2 profiles are awarded the I2 profile overall. Learning Coordinators may also take into account exclusions, Focus Centre days and other behaviour factors when awarding the overall learning profile. If you have any further questions regarding learning profiles please contact your son/daughter's Learning Coordinator

Verbal Praise – a positive comment to highlight good behaviour.House Points – a house point can be given for ANY positive contribution to school life. Examples could include praiseworthy academic work, acts of courtesy or assistance to others or for positive participation in school life.

200

150

75

100

25

Platinum Award

Gold Award

Silver Award

Bronze Award

Achievement Award

Letter of Achievement from the HeadteacherInvitation to Platinum Reward Event 

Gold Award Certificate sent home with access to Gold Level rewards

Silver Award Certificate sent home with access to Silver Level rewards

Bronze Award Certificate sent home with access to Bronze Level rewards

Letter of Achievement sent home by Head of Year

APPENDIX B Solutions focused behaviour steps at Woking High School The following guidance is to be read in conjunction with the Woking High School Behaviour Ladder (Appendix C). Behaviour Point on SIMS Is given following a verbal warning to students when basic behaviour does not meet the standards set out in our Code of Conduct. This sanction is recorded within SIMS as a permanent record. 3 behaviour points at any time over the course of a half term equals a 1 hour Head of Year detention. Yellow Cards If a student uses foul or offence language a Yellow Card is issued by staff. These cards remain on a student’s file and if 2 Yellow cards are accumulated a detention is given with parents notified by a ‘Red’ letter home. 3 Yellow cards equal a letter home from the Senior Leadership Team and a 1 hour 30min Friday detention. 4 Yellow cards equal a meeting with the Headteacher to discuss behaviour followed by a Focus Centre day. Yellow cards are also noted on SIMS as a Stage 2 incident. Blue Cards These are given for infringements to our Uniform Policy using the ‘3 Tier Response’ to Uniform Guidance. Students will be verbally warned to correct undesired uniform and failure to do so will result in a Blue Card being issued along with a 1 hour Head of Year detention. These will also be recorded in SIMS as a Level 3 incident.

Senior Leadership Patrol

During the school day the Senior Leadership Team circulate around the school in and out of lessons, looking at students’ work and praising where students are doing well. At least one member of the Senior Team will be on patrol at any given time. (The Senior Leadership Team Patrol is made up of staff from Senior Leadership Team, Heads of Year and Heads of Department). If a student is removed by a senior member of staff then a 1 hour 30 minute SLT detention is given and parents are notified. A formal restorative practice meeting will be arranged with the student, their parents, the teacher and SLT member present. This will be via a letter or phone call home and normally 24 hours in advance. Failure to attend this will result in a Focus Centre day. Restorative Practice Meeting/Conference Restorative Practice meetings can be both informal or formal depending on the nature of the behaviour incident. They follow a timeline of solution focussed questioning; what happened?, who has been affected by this? and what needs to happen now? Following the meeting an agreement is reached outlining how to move forward with targets set (a restorative practice record sheet will be used during the process). The more formal the meeting, the more people are likely to be involved which could include the student, teachers, parents and outside agencies. Restorative Class Conference A class conference will follow a similar pattern to the restorative practice meeting outlined above but will include all members of a class. These could be led by a classroom teacher, Head of Department, Head of Year or Senior Leadership Team member. These are designed to build relationships and give

every member of the class a voiceover certain issues affecting them. Once again a solution focussed timeline approach will be used with relevant action points recorded on a restorative practice record sheet. Detentions A range of detentions will be used depending on the type of behaviour and its location. If poor behaviour occurs in lesson time departments will issue either break/lunch or after school detentions. Heads of Year will hold 1 hour detentions for the following; 3 SIMS points, 2 Yellow Cards, 1 Blue Card, Inappropriate behaviour outside of lessons. The Senior Leadership Team have two types of detention; L6 break and lunch detention and a 1 hour 30 minute Friday detention. DFE statutory guidance on detentions allows for same day no notice detention to be given. (Behaviour and Discipline in Schools: A Guide for Head Teachers and School Staff 2012 paragraph 26 www.education.gov.uk ) At Woking High School we understand that parents/carers may be worried if a student does not return home as expected. Currently, Woking High School does not use no notice detentions but the school reserves the right to review this at any time. Parents/carers will be informed if any change in the policy were to occur and are currently informed of detentions in advance. Community Service Referral (CSR) Woking High School uses a range of community service punishments for breaches of our school Code of Conduct. These include, but are not limited to; Restaurant Cleaning Duty, Litter Picking and tidying department areas. Where misdemeanours have been committed during break or lunchtime in the restaurant, up to 5 days ban for use of the restaurant can be given although the ability to have food/drink will remain. Focus Centre The Focus Centre is an inclusion unit located on the school site and run by the Inclusion and Behaviour Manager. Students that are referred to this centre will follow the ‘Striving for my Best’ restorative programme and also complete appropriate curriculum tasks. A student can only be referred to the Focus Centre with SLT approval and parents will be notified at least a day in advance. If a student receives a Focus Centre day he/she cannot represent the school in any activity for 3 days following the date of the Focus Centre day. Fixed Term Exclusion Exclusions are rare and follow serious misdemeanours or breaches of our Code of Conduct. Decisions to exclude are not taken lightly and can only be authorised by the Head teacher or Deputy Head teacher. Parents are informed by telephone call and letter which clarifies the school’s position, the reason/s for exclusion and the period for which their child is expected to be away from school. In the case of an external exclusion, parents/carers have a right of appeal and are provided with additional information regarding this process should they choose to pursue this course of action. During a period of exclusion, work will be sent home for the student to complete. The school has the right to permanently exclude a student following a serious breach of the schools Behaviour and Discipline Policy. Where the need for a Permanent Exclusion occurs, the Governing Body and Local Authority will be informed and involved in the final decision.

Confiscation of Items Prohibited items, that is: knives and weapons, alcohol, illegal drugs, stolen items, tobacco and cigarette papers, fireworks, pornographic images and any item that a member of staff reasonably suspects has been, or is likely to be, used to commit an offence, or to cause personal injury to, or damage to property, will be confiscated. A decision will be made on a case by case basis about what to do with prohibited items including possible referral to the police. Other items, if they are not used according to school policy e.g. personal electronic devices, or disallowed items of clothing etc, will be confiscated. Confiscated items will be retained or disposed of as a punishment. The law protects the school from liability for damage to, or loss of, any confiscated items.( Section 91 of the Education and Inspections Act 2006). Note: In general, confiscated items not on the prohibited items list will be available for collection by students from reception at the end of the school day. If this occurs repeatedly, parents/carers will be asked to collect the confiscated item and the school will ask that the item remains with the parent/carer. If the student persists in bringing the item to school then sanctions will apply based on ‘Defiance’ (see Appendix G Behaviour Ladder)

STAGE 1

Verbal

Reprimand

STAGE 2

RP Conversation

Class Detention

Language Card

Behaviour Point

STAGE 3

Removal by HOD

Formal RP meeting

Community Service

Uniform Card

1 hour afterschool detention

Contact Home

STAGE 4

Removal by SLT

Formal RP meeting

Community Service

1 hour 30 minute afterschool detention

Contact Home

STAGE 5

RP Conference

Focus Centre

Fixed Term Exclusion

Permanent Exclusion

Physical abuse towards a member of staff or another student

Persistent bullying of another person

Persistent use of verbal abuse towards a member of staff or another student

Bringing, using or being in possession of illegal substances in school

Being in possession of an offensive weapon

Committing a criminal offence

Use of offensive language in general discussion or communication

Late to lesson for no valid reason

No equipment

Incorrect uniform

Chewing/Eating in class

Mobile out in lesson

Off task or distracting behaviour

Failure to complete work

Use of offensive language with the intention to offend

Verbal abuse towards a member of staff or another student

Bullying another person

Woking High SchoolBehaviour Stages

Negative behaviour continues despite warning

Negative behaviour continues despite sanction

Negative behaviour continues despite sanction

RP = Restorative Practice

Achieving Positive Behaviour Steps at Woking High School (Appendix C) Student behaviour Classroom teacher or Form

Tutor

Head Of Department

Head of Year

Senior Leadership Team

1. Late to lesson without good reason

Verbal warning leading to Red Writing in Journal if instruction not followed. After red writing CT should consider:

CT detention RP Conversation Contact home

HOD Detention RP Meeting Contact home Department Isolation Class move

1 hour LC detention if 3 RW’s in a ½ term Contact home RP Meeting Any detention given could lead to a Community Service Referral (CSR)

2. Failure to bring equipment/resources

3. Chewing/eating in class 4. Mobile phone/electronic

device out in lesson

5. Off-task or distracting behaviour

6. Failure to complete classwork 7. Failure to complete homework 8. Use of offensive language in

general discussion/communication

Issue Yellow Card 2 X Yellow Card = detention Letter Home

3 x Yellow Cards = Letter Home and SLT 1 hour 30 mins Detention

9. Incorrect uniform, Indiscreet make-up (send to Office for removal), Jewellery other than watch and stud earrings (labelled envelope and hand to Office) or electronic device out without permission.

CT to follow these steps: Verbal warning to

correct Uniform/Issue

Blue card if uncorrected

Confiscation of items

Issue 1 hour detention if Blue card received Letter Home

10. Defiance in not following steps above despite CT strategies used

Complete SIMS behaviour record

HOD Detention RP Meeting Contact home Department Isolation Class move

SLT Detention RP Meeting Contact home Focus Centre

RP Conference Contact home Initiate Pathway Plan Consider Alternative Provision FT Exclusion

11. Failure to attend SLT detention

Focus Centre Contact Home

12. Inappropriate behaviour during unstructured times (e.g. before and after school and Break and Lunchtimes) or on a school visit

Action will depend on seriousness: Red Writing Complete SIMS behaviour record

Dependent on seriousness: RP Meeting Contact home HOY detention SLT 1 hour 30 mins detention Focus Centre

13. Foul language towards a member of staff or another student

Removal by SLT Patrol Complete SIMS behaviour record

RP Meeting Focus Centre Contact home FT Exclusion Possible Police referral

14. Fighting (In or out of lesson)

15. Bullying (In or out of lesson) RP Meeting Contact home Focus Centre

RP Conference FT Exclusion Possible Police referral

16. Smoking Complete SIMS behaviour record

Appropriate search Contact home SLT Detention Repeat offence will increase sanction

17. Truancy

CT to inform Office if any student is absent but marked present for the previous lesson. Departments should set DT for missed lesson time.

HOY detention EWO involvement if necessary Attendance officer involvement

In certain circumstances, the school could exclude students in response to acts of behaviour, which present an immediate threat to health, safety and the reputation of the school. In these circumstances the Leadership Team should be informed immediately. These circumstances include but are not limited to:

Bringing, using or being in possession of illegal substances in school. Threatening or assaulting another student or any member of staff both physically or verbally. Refusing to accept the authority of the school. Being in possession of an offensive weapon. Committing a criminal offence (Theft, Vandalism, etc.) Persistent Bullying of another person/s

Level 1-dealing with the undesired behaviour

CLASS TEACHER

Class teacher uses solution focused strategies available in staff toolkit: Tactical ignoring Verbal encouragement to assist in return to work Positive modelling Close scrutiny of SEN information Redirection Verbal warnings, move student in class, time out Red writing leading to class detention Restorative Practice Meeting

Information to HOD Student Tutor Informed

HEAD OF DEPARTMENT

Head of Department uses solution focused strategies available in staff toolkit: Gather information from member of staff Gather information from student Set up a Restorative Practice meeting between the teach-

er and student/Parent Liaise with other staff about “what works” Assist classroom teacher with strategies Take appropriate action, eg home contact, report, deten-

tion, group change, isolation

Student Tutor Informed

HEAD OF YEAR

Head of Year uses solution focused strategies available in the staff toolkit: Collate and review all information on student Meet with student, class teacher, HOD, parents as appro-

priate Possible move to I2 status Explore all support available eg Pathway Plan, social

inclusion, external agency involvement, mentor, Focus Centre

Level 2-additional support

Level 3-additional support

Class Teacher, HOD and Tutor Informed

Level 4-the final consequence

SENIOR LEADERSHIP TEAM

Review all information and strategies offered Restorative Practice Conference Possible use of SLT report Initiate Pathway Plan Explore alternative options available Recommendations made to HoY, Headteacher or Gover-

nors’ Disciplinary Committee

APPENDIX D—Managing Student Behaviour

ALL STAFF MUST FOLLOW PROCEDURE CONSISTENTLY AND FULFIL THEIR INDIVIDUAL ROLE FOR THIS TO WORK SUCCESSFULLY

APPENDIX E – A SUMMARY OF TEACHERS POWERS BASED ON DfE GUIDANCE

i. Teachers have the statutory authority to discipline students whose behaviour is unacceptable and who fail to follow the school’s Code of Conduct (Section 91 of the Education and Inspections Act 2006). The power also applies to all paid staff (unless the Principal says otherwise) with responsibility for students.

Teachers can discipline students whose conduct falls below the standard which could reasonably be expected of them. This means that if a student misbehaves, breaks a school rule or fails to follow a reasonable instruction the teacher can impose a punishment.

To be lawful, the punishment (including detentions) must satisfy the following three conditions:

The decision to punish a student must be made by a paid member of school staff or a member of staff authorised by the head teacher;

The decision to punish the student and the punishment itself must be made on the school premises or while the student is under the charge of the member of staff; and

It must not breach any other legislation (for example in respect of disability, special educational needs, race and other equalities and human rights) and it must be reasonable in all the circumstances.

A punishment must be proportionate. In determining whether a punishment is reasonable, section 91 of the Education and Inspections Act 2006 says the penalty must be reasonable in all the circumstances and that account must be taken of the student’s age, any special educational needs or disability they may have, and any religious requirements affecting them. The Principal may limit the power to apply particular punishments to certain staff and/or extend the power to discipline to adult volunteers, for example to parents who have volunteered to help on a school visit. Corporal punishment is illegal in all circumstances.

Schools should consider whether the behaviour under review gives cause to suspect that a child is suffering, or is likely to suffer, significant harm. Where this may be the case, school staff should follow the schools’ safeguarding policy. They should also consider whether continuing disruptive behaviour might be the result of unmet educational or other needs. At this point, the school should consider whether a multi-agency assessment is necessary.

Students that are found to have made malicious allegations against staff will be deemed to have breached school behaviour policy. The school will consider whether to apply an appropriate sanction, which could include temporary or permanent exclusion (as well as referral to the police if there are grounds for believing a criminal offence may have been committed).

ii. Teachers can discipline students at any time the student is in school or elsewhere under the charge of a teacher, including school visits. Teachers can also discipline students for misbehaviour outside school. Teachers have a statutory power to discipline students for misbehaving outside of the school premises. Section 89(5) of the Education and Inspections Act 2006 gives headteachers a specific statutory power to regulate students’ behaviour in these circumstances “to such extent as is reasonable.” Teachers may discipline a student for any misbehaviour when the child is: taking part in any school-organised or school-related activity or travelling to or from school or wearing the school uniform or in some other way identifiable as a pupil at the school.

or misbehaviour at any time, whether or not the conditions above apply, that:

could have repercussions for the orderly running of the school or poses a threat to another pupil or member of the public or could adversely affect the reputation of the school.

iii. Teachers have the specific legal power to impose detention outside school hours.

The times outside normal school hours when detention without parental consent may be given are evenings (as previously), plus weekends and INSET days. Parental consent is not required for detentions. As with any disciplinary penalty a member of staff must act reasonably when imposing a detention. With lunchtime detentions, staff should allow reasonable time for the pupil to eat, drink and use the toilet. School staff should not issue a detention where they know that doing so would compromise a child's safety. When ensuring that a detention outside school hours is reasonable, staff issuing the detention should consider the following points:

whether the detention is likely to put the student at risk whether the student has known caring responsibilities which mean the detention is

unreasonable whether suitable travel arrangements can be made by the parent for the student. It

does not matter if making these arrangements is convenient for the parent.

iv. Teachers can use seclusion/isolation rooms. Schools can adopt a policy which allows disruptive pupils to be placed in isolation away from other pupils for a limited period. If a school uses isolation rooms as a disciplinary penalty this should be made clear in their behaviour policy. As with other disciplinary penalties, schools must act lawfully, reasonably and proportionately in all cases. Any separate room should only be used when it is in the best interests of the child, and other pupils. Any use of isolation that prevents a child from leaving a room of their own free will should only be considered in exceptional circumstances and if it reduces the risk presented by the child to themselves and others. The school must also ensure the health and safety of pupils and any requirements in relation to safeguarding and pupil welfare. It is for individual schools to decide how long a pupil should be kept in isolation and for the staff member in charge to determine what pupils may and may not do during the time they are there. Schools should ensure that pupils are kept in isolation no longer than is

necessary and that their time spent there is used as constructively as possible. Schools must allow pupils time to eat or use the toilet.

v. Teachers can confiscate students’ property.

There are two sets of legal provisions which enable school staff to confiscate items from pupil.

1) The general power to discipline enables a member of staff to confiscate, retain or dispose of a student’s property as a punishment and protects them from liability for damage to, or loss of, any confiscated items; and 2) Power to search without consent for “prohibited items” including: Knives and weapons Alcohol Illegal drugs Stolen items Tobacco and cigarette papers Fireworks Pornographic image Any article that is likely to be used to commit an offence, cause personal injury or

damage to property Any item banned by the school rules which has been identified previously

The legislation sets out what must be done with prohibited items found as a result of a search. Weapons, knives, extreme or child pornography and illegal drugs will always be handed over to the police otherwise it is for the teacher to decide if and when to return a confiscated item. Further guidance (Appendix K): Screening, Searching and Confiscation – advice for head teachers, staff and governing bodies https://www.gov.uk/government/publications/searching-screening-and-confiscation

i. Power to use reasonable force

The legal provisions on school discipline also provide members of staff with the power to use reasonable force to prevent pupils committing an offence, injuring themselves or others or damaging property, and to maintain good order and discipline in the classroom.

Where force can be used authorised staff may only exercise the statutory power to use force where: they and the student are on the premises of a school at which education is provided for the

student. The student need not necessarily be a registered student at that school. The power also applies to students from other schools who are on the premises; or

they are off school premises but are in lawful control or charge of the student (for example on a school visit).

Other than in these circumstances, staff only have common law rights to use force to defend themselves, persons or property. Employers providing work experience placements for school students only have common law rights to use force.

Sometimes an authorised member of staff should not intervene in an incident without help (unless it is an emergency). For example, help is likely to be needed in dealing with an older student, a large student, more than one student or if the authorised member of staff believes he or she may be at risk of injury. In these circumstances he or she should take steps to remove other students who might be at risk and summon assistance from other authorised staff. Further guidance (Appendix I): Use of Reasonable Force – advice for head teachers, staff and governing bodies https://www.gov.uk/government/publications/use-of-reasonable-force-in-schools

Student: I ______________________________________agree to follow this Code of Conduct. Signature: ______________________________________ Date:__________________ Parent: I ____________________________________agree to support this Code of Conduct. Signature: ______________________________________ Date:__________________

As a member of our community I expect: As a member of Woking High School I will:

To be treated fairly and with respect Show equal respect to all members of our community To be able to learn without distraction Allow others to learn without disruption To receive praise and encouragement Try hard and achieve my best To have a clean, safe and tidy learning

environment Work together to prevent bullying of any kind

To understand how to ask for support and receive it when needed

Represent the school with pride

To feel safe and free from any form of bullying Help and support others to enable learning To receive some form of disciplinary action if I

disregard this code or the school rules. Consider the feelings of others at all times and report those who don’t

Be honest at all times Respect all property and the school environment

Have good attendance and punctuality.

Around School I will:

Keep left in corridors and on stairs Move directly and promptly to my next lesson in an orderly way and behave sensibly

Eat and drink only in the restaurant and outside in the grounds Wear the correct uniform at all times Keep my school tidy by putting my rubbish in the bin and recycling where possible Follow instructions from all staff Be careful with my language and not swear.

In the classroom I will: Arrive on time

Have the right equipment and place my journal on my desk Enter and leave in an orderly way following the teachers’ directions

Follow instructions from all staff Put my hand up to answer and ask questions, without shouting out Be polite at all times Stay on task and always do my best Make sure I’m aware of my current level of work and what I need to do to improve.

Woking High School - Code of Conduct

The Basic Code of Conduct 1. Attend 2. Be punctual 3. Act sensibly

4. Try hard and achieve your best 5. Treat everyone and everything with respect

6. Do not tolerate bullying of any kind

Appendix G Student Learning Profiles  

   

T Student – Target To Improve Further Students who are generally positive towards learning and show that, when making the effort, they can…  

• Complete all work to at least a satisfactory level  • Follow teachers’ instructions  • Meet deadlines • Show respect to all • Have a generally positive attitude to the class and the school • Do what is expected, but often do no more • Achieve at least satisfactory levels across all areas (attendance, 

punctuality, behaviour, attitude, organisation, quality of work)  

T Students are often coasting in their studies, they should aim higher and are capable of more. These students need to improve further in order to reach their potential.    I1 – Intervention Students Students who are neglecting their studies. They often…  

• Fail to complete work to a satisfactory level • Miss deadlines • Interrupt lessons • Arrive late • Distract other students and get distracted easily • Refuse reasonable requests • Exhibit behaviours which prevent their own learning and that of others 

  I2 – At Risk Students Students who are having major difficulties in managing their learning and behaviour, and/or stop others from learning. They…  

• Rarely complete work • Show a lack of engagement • Disrupt learning • Challenge other students, teachers and/or staff members • Truant from lessons • Do not show any signs of improvement despite the help offered • Do not respond to intervention strategies  

 

A1 – Outstanding Students Students who always invest in their own learning. They always…  

• Complete all work to the very best of their ability  • Meet deadlines  • Follow teachers’ instructions  • Show respect to all • Show an exemplary attitude to learning • Contribute positively to their class and the school • Act as a role model for other students • Do more than is expected or asked • Achieve outstanding levels across all areas (attendance, punctuality, behaviour, attitude, organisation, quality of work) 

 Students who receive A1 Learning Profiles in all subjects will be awarded the A1 GOLD profile status.    A2 – Good Students Students who regularly invest in their own learning. They frequently…  

• Complete all work to the best of their ability  • Meet deadlines  • Follow teachers’ instructions  • Show respect to all • Show a willingness to learn • Contribute positively to the class and school • Display a positive attitude and show that they want to learn • Achieve good levels across all areas (attendance, punctuality, behaviour, attitude, organisation, quality of work)

Version June 2015

Appendix H Home School Agreement

We hope that this agreement will further strengthen the bond between home and school, helping all students to get

the best out of life at Woking High School. It is not a legal document but rather a statement of agreed intent.

As a Parent/Guardian I agree to support the school and my child to: Ensure that my son/daughter attends school regularly, on time and properly equipped Make the school aware of any concerns or problems that might affect my child’s work or behaviour Support the school’s policies and guidelines particularly for uniform and standard of behaviour Support my son/daughter in homework and other opportunities for home learning Attend parents evenings, information sessions and discussions about my son/daughter’s progress Get to know about my son/daughter’s life at school Encourage my son/daughter to take part in extra curricular activities

Signature: …………………………………………..(Parent/Guardian) Student Name: …………………………………. When you entrust the education of your child to us we will seek to:

Care for your son/daughter’s welfare and keep them safe Ensure that your son/daughter achieves full potential as a valued member of our school community Provide a stimulating learning environment Provide a balanced curriculum and meet the individual needs of your son/daughter Achieve high standards of work and behaviour through building good relationships and developing a sense of

responsibility Keep you informed about general school matters Consult with you about your child’s progress and offer opportunities for you to become involved in the life of

the school Signature: ………………………………………..(Tutor) ………………………………………..(Head of Year) As a student I shall try my best in everything and agree to:

Attend school and all classes regularly and on time Complete all my classwork and homework to the best of my ability Bring all of the equipment that I need every day Wear the correct uniform and make sure I am tidy in my appearance Respect the right of others to learn and express opinions Be polite and helpful to others Maintain the good reputation of the school in the local community Keep the school free from litter and graffiti Follow all school rules and our code of conduct Participate in the arranged programme of extra curricular activities.

Signature: …………………………………………… (Student) Date: …………………… General Complaints Procedure: All parents have the right to have any complaint properly considered. Most issues should be directed towards the appropriate Head of Year. The Headteacher should be informed concerning complaints of a more serious nature. Should you consider an issue has not been dealt with in a satisfactory manner, correspondence should be directed to the Chair of Governors. You may wish to refer to additional school documentation such as: The School Prospectus, Student Code of Conduct, Behaviour and Discipline Policy and Anti-Bullying Policy.

Use of reasonable force Advice for headteachers, staff and governing bodies

July 2013

2

Contents

Summary 3

About this departmental advice 3

Expiry or review date 3

Who is this advice for? 3

Key points 3

What is reasonable force? 4

Who can use reasonable force? 4

When can reasonable force be used? 4

Power to search pupils without consent 5

Communicating the school’s approach to the use of force 6

Using force 6

Staff training 6

Telling parents when force has been used on their child 7

What happens if a pupil complains when force is used on them? 7

What about other physical contact with pupils? 8

Frequently Asked Questions 9

Further sources of information 10

Other departmental advice and guidance you may be interested in 10

Associated resources (external links) 10

3

Summary

About this departmental advice

This is non-statutory advice from the Department for Education. It is intended to provide

clarification on the use of force to help school staff feel more confident about using this

power when they feel it is necessary and to make clear the responsibilities of

headteachers and governing bodies in respect of this power.

Expiry or review date

This advice will next be reviewed in spring 2014

Who is this advice for?

This advice is for:

School leaders and school staff in all schools1 in England.

Key points

School staff have a power to use force and lawful use of the power will provide

a defence to any related criminal prosecution or other legal action.

Suspension should not be an automatic response when a member of staff has

been accused of using excessive force.

Senior school leaders should support their staff when they use this power.

1 “All schools” include Academies, Free Schools, independent schools and all types of maintained schools

4

What is reasonable force?

1. The term ‘reasonable force’ covers the broad range of actions used by most teachers at some point in their career that involve a degree of physical contact with pupils.

2. Force is usually used either to control or restrain. This can range from guiding a pupil to safety by the arm through to more extreme circumstances such as breaking up a fight or where a student needs to be restrained to prevent violence or injury.

3. ‘Reasonable in the circumstances’ means using no more force than is needed.

4. As mentioned above, schools generally use force to control pupils and to restrain them. Control means either passive physical contact, such as standing between pupils or blocking a pupil's path, or active physical contact such as leading a pupil by the arm out of a classroom.

5. Restraint means to hold back physically or to bring a pupil under control. It is typically used in more extreme circumstances, for example when two pupils are fighting and refuse to separate without physical intervention.

6. School staff should always try to avoid acting in a way that might cause injury, but in extreme cases it may not always be possible to avoid injuring the pupil.

Who can use reasonable force?

All members of school staff have a legal power to use reasonable force2.

This power applies to any member of staff at the school. It can also apply to

people whom the headteacher has temporarily put in charge of pupils such as

unpaid volunteers or parents accompanying students on a school organised

visit.

When can reasonable force be used?

Reasonable force can be used to prevent pupils from hurting themselves or

others, from damaging property, or from causing disorder.

In a school, force is used for two main purposes – to control pupils or to restrain

them.

The decision on whether or not to physically intervene is down to the

professional judgement of the staff member concerned and should always

depend on the individual circumstances.

The following list is not exhaustive but provides some examples of situations

where reasonable force can and cannot be used.

2 Section 93, Education and Inspections Act 2006

5

Schools can use reasonable force to:

remove disruptive children from the classroom where they have refused to

follow an instruction to do so;

prevent a pupil behaving in a way that disrupts a school event or a school trip or

visit;

prevent a pupil leaving the classroom where allowing the pupil to leave would

risk their safety or lead to behaviour that disrupts the behaviour of others;

prevent a pupil from attacking a member of staff or another pupil, or to stop a

fight in the playground; and

restrain a pupil at risk of harming themselves through physical outbursts.

Schools cannot:

use force as a punishment – it is always unlawful to use force as a punishment.

Power to search pupils without consent

In addition to the general power to use reasonable force described above,

headteachers and authorised staff can use such force as is reasonable given

the circumstances to conduct a search for the following “prohibited items”3:

knives and weapons

alcohol

illegal drugs

stolen items

tobacco and cigarette papers

fireworks

pornographic images

any article that has been or is likely to be used to commit an offence,

cause personal injury or damage to property.

Force cannot be used to search for items banned under the school rules.

Separate guidance is available on the power to search without consent – see the

‘Further sources of information’ section for a link to this document.

3 Section 550ZB(5) of the Education Act 1996

6

Communicating the school’s approach to the use of force

Every school is required to have a behaviour policy and to make this policy known

to staff, parents and pupils. The governing body should notify the headteacher that

it expects the school behaviour policy to include the power to use reasonable

force.

There is no requirement to have a policy on the use of force but it is good practice

to set out, in the behaviour policy, the circumstances in which force might be used.

For example, it could say that teachers will physically separate pupils found

fighting or that if a pupil refuses to leave a room when instructed to do so, they will

be physically removed.

Any policy on the use of reasonable force should acknowledge their legal duty to

make reasonable adjustments for disabled children and children with special

educational needs (SEN).

Schools do not require parental consent to use force on a student.

Schools should not have a ‘no contact’ policy. There is a real risk that such a

policy might place a member of staff in breach of their duty of care towards a pupil,

or prevent them taking action needed to prevent a pupil causing harm.

By taking steps to ensure that staff, pupils and parents are clear about when force

might be used, the school will reduce the likelihood of complaints being made

when force has been used properly.

Using force

A panel of experts4 identified that certain restraint techniques presented an

unacceptable risk when used on children and young people. The techniques in

question are:

the ‘seated double embrace’ which involves two members of staff forcing a person

into a sitting position and leaning them forward, while a third monitors breathing;

the ‘double basket-hold’ which involves holding a person’s arms across their chest;

and

the ‘nose distraction technique’ which involves a sharp upward jab under the nose.

Staff training

Schools need to take their own decisions about staff training. The headteacher

should consider whether members of staff require any additional training to enable

them to carry out their responsibilities and should consider the needs of the pupils

when doing so.

4 Physical Control in Care Medical Panel - 2008

7

Some local authorities provide advice and guidance to help schools to develop an

appropriate training programme.

Telling parents when force has been used on their child

It is good practice for schools to speak to parents about serious incidents involving

the use of force and to consider how best to record such serious incidents. It is up

to schools to decide whether it is appropriate to report the use of force to parents5.

In deciding what is a serious incident, teachers should use their professional

judgement and consider the:

pupil’s behaviour and level of risk presented at the time of the incident;

degree of force used;

effect on the pupil or member of staff; and

the child’s age.

What happens if a pupil complains when force is used on them?

All complaints about the use of force should be thoroughly, speedily and

appropriately investigated.

Where a member of staff has acted within the law – that is, they have used

reasonable force in order to prevent injury, damage to property or disorder – this

will provide a defence to any criminal prosecution or other civil or public law action.

When a complaint is made the onus is on the person making the complaint to

prove that his/her allegations are true – it is not for the member of staff to show

that he/she has acted reasonably.

Suspension must not be an automatic response when a member of staff has been

accused of using excessive force. Schools should refer to the “Dealing with

Allegations of Abuse against Teachers and Other Staff” guidance (see the

‘Further sources of information’ section below) where an allegation of using

excessive force is made against a teacher. This guidance makes clear that a

person must not be suspended automatically, or without careful thought.

Schools must consider carefully whether the circumstances of the case warrant a

person being suspended until the allegation is resolved or whether alternative

arrangements are more appropriate.

If a decision is taken to suspend a teacher, the school should ensure that the

teacher has access to a named contact who can provide support.

5 References to parent or parents are to fathers as well as mothers, unless otherwise stated.

8

Governing bodies should always consider whether a teacher has acted within the

law when reaching a decision on whether or not to take disciplinary action against

the teacher.

As employers, schools and local authorities have a duty of care towards their

employees. It is important that schools provide appropriate pastoral care to any

member of staff who is subject to a formal allegation following a use of force

incident.

What about other physical contact with pupils?

It is not illegal to touch a pupil. There are occasions when physical contact, other

than reasonable force, with a pupil is proper and necessary.

Examples of where touching a pupil might be proper or necessary:

Holding the hand of the child at the front/back of the line when going to

assembly or when walking together around the school;

When comforting a distressed pupil;

When a pupil is being congratulated or praised;

To demonstrate how to use a musical instrument;

To demonstrate exercises or techniques during PE lessons or sports

coaching; and

To give first aid.

9

Frequently Asked Questions

Q: I’m worried that if I use force a pupil or parent could make a complaint against

me. Am I protected?

A: Yes, if you have acted lawfully. If the force used is reasonable all staff will have a

robust defence against any accusations.

Q: How do I know whether using a physical intervention is ‘reasonable’?

A: The decision on whether to physically intervene is down to the professional judgement

of the teacher concerned. Whether the force used is reasonable will always depend on

the particular circumstances of the case. The use of force is reasonable if it is

proportionate to the consequences it is intended to prevent. This means the degree of

force used should be no more than is needed to achieve the desired result. School staff

should expect the full backing of their senior leadership team when they have used force.

Q: What about school trips?

A: The power may be used where the member of staff is lawfully in charge of the pupils,

and this includes while on school trips.

Q: Can force be used on pupils with SEN or disabilities?

A: Yes, but the judgement on whether to use force should not only depend on the

circumstances of the case but also on information and understanding of the needs of the

pupil concerned.

Q: I’m a female teacher with a Year 10 class - there’s no way I’d want to restrain or

try to control my pupils. Am I expected to do so?

A: There is a power, not a duty, to use force so members of staff have discretion whether

or not to use it. However, teachers and other school staff have a duty of care towards

their pupils and it might be argued that failing to take action (including a failure to use

reasonable force) may in some circumstances breach that duty.

Q: Are there any circumstances in which a teacher can use physical force to

punish a pupil?

A: No. It is always unlawful to use force as a punishment. This is because it would fall

within the definition of corporal punishment, which is illegal.

10

Further sources of information

Other departmental advice and guidance you may be interested in

Guidance on the Use of Restrictive Physical Interventions for Staff Working with

Children and Adults who display Extreme Behaviour in Association with Learning

Disability and/or Autistic Spectrum Disorders (2002)

Guidance on the Use of Restrictive Physical Interventions for Pupils with Severe

Behavioural Difficulties (2003)

Screening, searching and confiscation – advice for headteachers, staff and

governing bodies.

Dealing with allegations of abuse against teachers and other staff – guidance for

local authorities, headteachers, school staff, governing bodies and proprietors of

independent schools

Associated resources (external links)

Police and Criminal Evidence Act 1984 (PACE) Code G: Revised Code of Practice for the Statutory Power of Arrest by Police Officers

11

© Crown copyright 2013

You may re-use this information (excluding logos) free of charge in any format or

medium, under the terms of the Open Government Licence. To view this licence, visit

www.nationalarchives.gov.uk/doc/open-government-licence or email:

psi@nationalarchives.gsi.gov.uk.

Where we have identified any third party copyright information you will need to obtain

permission from the copyright holders concerned.

Any enquiries regarding this publication should be sent to us at:

www.education.gov.uk/contactus.

This document is available online at http://www.education.gov.uk.

Behaviour and discipline in schools Advice for headteachers and school staff

February 2014

Contents

Summary 3

About this departmental advice 3

Expiry or review date 3

Who is this advice for? 3

Key points 3

The school behaviour policy 4

Developing the behaviour policy 5

Discipline in schools – teachers’ powers 6

Punishing poor behaviour 7

Behaviour and sanctions 8

Pupils’ conduct outside the school gates – teachers’ powers 9

Detention 9

Matters schools should consider when imposing detentions 10

Detentions outside school hours 10

Confiscation of inappropriate items 11

Power to use reasonable force 12

Use of isolation 12

Associated resources 13

Legislative links 13

2

Summary

About this departmental advice

This guide is from the Department for Education. It provides advice to headteachers and school staff on developing the school behaviour policy and explains the powers members of staff have to discipline pupils.

The purpose of this document is to provide an overview of the powers and duties for school staff. It is for individual schools to develop their own best practice for managing behaviour in their school.

Expiry or review date

This guide will be reviewed in December 2014.

Who is this advice for?

This advice is for:

School leaders and school staff in all schools in England.

For the purposes of this advice references to “maintained school” means a community, foundation or voluntary school, community or foundation special school. It also means Pupil Referral Units and non-maintained special schools.

For the purpose of this advice references to “Academy” means Academy schools (including mainstream free schools) and AP Academies (including AP Free Schools).

Where particular provisions do not apply to a particular type of school we make this clear.

Key points

Teachers have power to discipline pupils for misbehaviour which occurs in school and, in some circumstances, outside of school.

The power to discipline also applies to all paid staff (unless the headteacher says otherwise) with responsibility for pupils, such as teaching assistants.

Headteachers, proprietors and governing bodies must ensure they have a strong behaviour policy to support staff in managing behaviour, including the use of rewards and sanctions.

Governing bodies of maintained schools have a duty under section 175 of the Education Act 2002 requiring them to make arrangements to ensure that their 3

functions are carried out with a view to safeguarding and promoting the welfare of children. The proprietors of Academies have a similar duty under paragraph 7 of Schedule 1 to the Education (Independent School Standards) (England) Regulations 2010. They must ensure that arrangements are made to safeguard and promote the welfare of pupils.

The school behaviour policy

What the law says:

Maintained schools

1. The headteacher must set out measures in the behaviour policy which aim to:

promote good behaviour, self-discipline and respect;

prevent bullying;

ensure that pupils complete assigned work;

and which

regulate the conduct of pupils.1

2. When deciding what these measures should be, the headteacher must take account of the governing body’s statement of behaviour principles. The headteacher must have regard to any guidance or notification provided by the governing body which may include the following:

screening and searching pupils;

the power to use reasonable force and other physical contact;

the power to discipline beyond the school gate;

when to work with other local agencies to assess the needs of pupils who display continuous disruptive behaviour; and

pastoral care for staff accused of misconduct.

3. The headteacher must decide the standard of behaviour expected of pupils at the school. He or she must also determine the school rules and any disciplinary penalties for breaking the rules.

4. Teachers’ powers to discipline include the power to discipline pupils even when

1 Section 89 (1) of the Education and Inspections Act 2006

4

they are not at school or in the charge of a member of staff.

5. The headteacher must publicise the school behaviour policy, in writing, to staff, parents2 and pupils at least once a year.

6. The school’s behaviour policy must be published on its website (School Information (England) Regulations 2008). Where they do not have a website the governing body should make arrangements for the behaviour policy to be put on a website and to make the address and details (of the website) known to parents.

Academy schools3

7. The proprietor of an Academy is required to ensure that a written policy to promote good behaviour among pupils is drawn up and effectively implemented4. The policy must set out the disciplinary sanctions to be adopted if a pupil misbehaves. The proprietor is also required to ensure that an effective anti-bullying strategy is drawn up and implemented.5. The behaviour policy should be made available to parents on request.

8. While Academies are not required by law to publish their behaviour policy on their website, it is good practice to do so.

Home school agreements

9. The standard of behaviour expected of all pupils must be included in the school’s home-school agreement which parents must be asked to sign following their child’s admission to a school. PRUs and AP Academies are not required to have home-school agreements. Further advice on home school agreements is available – see Associated Resources section below for a link.

Developing the behaviour policy

10. It is vital that the behaviour policy is clear, that it is well understood by staff, parents and pupils, and that it is consistently applied. In developing the behaviour policy, the headteacher should reflect on the following ten key aspects of school practice that, when effective, contribute to improving the quality of pupil behaviour6:

1) A consistent approach to behaviour management;

2) Strong school leadership;

2 References to parent or parents are to fathers as well as mothers, unless otherwise stated.

3 This section also applies to independent schools.

4 Education (Independent School Standards) (England) Regulations 2010

5 Education (Independent School Standards) (England) Regulations 2010 as amended by the Education (Independent School Standards) (England) (Amendment) Regulations 2012

6 Learning behaviour - the Report of the Practitioners’ Group on School Behaviour and Discipline” (2005).

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3) Classroom management;

4) Rewards and sanctions;

5) Behaviour strategies and the teaching of good behaviour;

6) Staff development and support;

7) Pupil support systems;

8) Liaison with parents and other agencies;

9) Managing pupil transition; and

10) Organisation and facilities.

11. The school’s behaviour policy should set out the disciplinary action that will be taken against pupils who are found to have made malicious accusations against school staff.

12. The behaviour policy should acknowledge the school’s legal duties under the Equality Act 2010, in respect of safeguarding and in respect of pupils with special educational needs (SEN).

Discipline in schools – teachers’ powers

Key Points

Teachers have statutory authority to discipline pupils whose behaviour is unacceptable, who break the school rules or who fail to follow a reasonable instruction (Section 90 and 91 of the Education and Inspections Act 2006).

The power also applies to all paid staff (unless the headteacher says otherwise) with responsibility for pupils, such as teaching assistants.

Teachers can discipline pupils at any time the pupil is in school or elsewhere under the charge of a teacher, including on school visits.

Teachers can also discipline pupils in certain circumstances when a pupil’s misbehaviour occurs outside of school.

Teachers have a power to impose detention outside school hours.

Teachers can confiscate pupils’ property.

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Punishing poor behaviour

What the law allows:

13. Teachers can discipline pupils whose conduct falls below the standard which could reasonably be expected of them. This means that if a pupil misbehaves, breaks a school rule or fails to follow a reasonable instruction the teacher can impose a punishment on that pupil.

14. To be lawful, the punishment (including detentions) must satisfy the following three conditions:

1) The decision to punish a pupil must be made by a paid member of school staff or a member of staff authorised by the headteacher;

2) The decision to punish the pupil and the punishment itself must be made on the school premises or while the pupil is under the charge of the member of staff; and

3) It must not breach any other legislation (for example in respect of disability, special educational needs, race and other equalities and human rights) and it must be reasonable in all the circumstances.

15. A punishment must be proportionate. In determining whether a punishment is reasonable, section 91 of the Education and Inspections Act 2006 says the penalty must be reasonable in all the circumstances and that account must be taken of the pupil’s age, any special educational needs or disability they may have, and any religious requirements affecting them.

16. The headteacher may limit the power to apply particular punishments to certain staff and/or extend the power to discipline to adult volunteers, for example to parents who have volunteered to help on a school trip.

17. Corporal punishment is illegal in all circumstances.

18. Schools should consider whether the behaviour under review gives cause to suspect that a child is suffering, or is likely to suffer, significant harm. Where this may be the case, school staff should follow the schools’ safeguarding policy. They should also consider whether continuing disruptive behaviour might be the result of unmet educational or other needs. At this point, the school should consider whether a multi-agency assessment is necessary.

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Behaviour and sanctions

19. A clear school behaviour policy, consistently and fairly applied, underpins effective education. School staff, pupils and parents should all be clear of the high standards of behaviour expected of all pupils at all times. The behaviour policy should be supported and backed-up by senior staff and the head teacher.

20. Good schools encourage good behaviour through a mixture of high expectations, clear policy and an ethos which fosters discipline and mutual respect between pupils, and between staff and pupils.

21. Schools should have in place a range of options and rewards to reinforce and praise good behaviour, and clear sanctions for those who do not comply with the school’s behaviour policy. These will be proportionate and fair responses that may vary according to the age of the pupils, and any other special circumstances that affect the pupil.

22. When poor behaviour is identified, sanctions should be implemented consistently and fairly in line with the behaviour policy. Good schools will have a range of disciplinary measures clearly communicated to school staff, pupils and parents. These can include:

A verbal reprimand.

Extra work or repeating unsatisfactory work until it meets the required standard.

The setting of written tasks as punishments, such as writing lines or an essay.

Loss of privileges – for instance the loss of a prized responsibility or not being able to participate in a non-uniform day (sometimes referred to as ‘mufti’ days).

Missing break time.

Detention including during lunch-time, after school and at weekends.

School based community service or imposition of a task – such as picking up litter or weeding school grounds; tidying a classroom; helping clear up the dining hall after meal times; or removing graffiti.

Regular reporting including early morning reporting; scheduled uniform and other behaviour checks; or being placed “on report” for behaviour monitoring.

Extra physical activity such as running around a playing field; and

In more extreme cases schools may use temporary or permanent exclusion.

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Pupils’ conduct outside the school gates – teachers’ powers

What the law allows:

23. Teachers have the power to discipline pupils for misbehaving outside of the school premises “to such an extent as is reasonable”7 – see paragraph 25.

24. Maintained schools and Academies’ behaviour policies should set out what the school will do in response to non-criminal bad behaviour and bullying which occurs off the school premises and which is witnessed by a staff member or reported to the school, including the punishments that will be imposed on pupils.

25. Subject to the behaviour policy, teachers may discipline pupils for:

misbehaviour when the pupil is:

o taking part in any school-organised or school-related activity or

o travelling to or from school or

o wearing school uniform or

o in some other way identifiable as a pupil at the school.

or misbehaviour at any time, whether or not the conditions above apply, that:

o could have repercussions for the orderly running of the school or

o poses a threat to another pupil or member of the public or

o could adversely affect the reputation of the school.

26. In all cases of misbehaviour the teacher can only discipline the pupil on school premises or elsewhere when the pupil is under the lawful control of the staff member.

Detention

What the law allows:

27. Teachers have a power to issue detention to pupils (aged under 18).

28. Schools must make clear to pupils and parents that they use detention (including detention outside of school hours) as a sanction.

7 Section 90 of the Education and Inspections Act 2006

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29. The times outside normal school hours when detention can be given (the ‘permitted day of detention’) include:

a. any school day where the pupil does not have permission to be absent;

b. weekends - except the weekend preceding or following the half term break; and

c. non-teaching days – usually referred to as ‘training days’, ‘INSET days’ or ‘non-contact days’.

30. The headteacher can decide which members of staff can put pupils in detention. For example, they can limit the power to heads of year or heads of department only or they can decide that all members of staff, including support staff, can impose detentions.

Matters schools should consider when imposing detentions

31. Parental consent is not required for detentions.

32. As with any disciplinary penalty a member of staff must act reasonably given all the circumstances, as described in paragraph 15 above, when imposing a detention.

33. With lunchtime detentions, staff should allow reasonable time for the pupil to eat, drink and use the toilet.

Detentions outside school hours

34. School staff should not issue a detention where they know that doing so would compromise a child's safety. When ensuring that a detention outside school hours is reasonable, staff issuing the detention should consider the following points:

Whether the detention is likely to put the pupil at risk.

Whether the pupil has known caring responsibilities which mean that the detention is unreasonable.

Whether the parents ought to be informed of the detention. In many cases it will be necessary to do so, but this will depend on the circumstances. For instance, notice may not be necessary for a short after school detention where the pupil can get home safely; and

Whether suitable travel arrangements can be made by the parent for the pupil. It

does not matter if making these arrangements is inconvenient for the parent.

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Confiscation of inappropriate items

What the law allows:

35. There are two sets of legal provisions which enable school staff to confiscate items from pupils:

1) The general power to discipline (as described in the bullets under the heading “Discipline in Schools – Teachers’ Powers” on pages 3 and 4) enables a member of staff to confiscate, retain or dispose of a pupil’s property as a punishment, so long as it is reasonable in the circumstances. The law protects them from liability for damage to, or loss of, any confiscated items provided they have acted lawfully8. The legislation does not describe what must be done with the confiscated item and the school behaviour policy may set this out; and

2) Power to search without consent for “prohibited items”9 including:

knives and weapons

alcohol

illegal drugs

stolen items

tobacco and cigarette papers

fireworks

pornographic images

any article that has been or is likely to be used to commit an offence , cause personal injury or damage to property; and

any item banned by the school rules which has been identified in the rules as an item which may be searched for.

The legislation sets out what must be done with prohibited items found as a result of a search.

36. Weapons and knives and extreme or child pornography must always be handed over to the police, otherwise it is for the teacher to decide if and when to return a confiscated item.

37. More detailed advice on confiscation and what must be done with prohibited items found as a result of a search is provided in ‘Screening, Searching and Confiscation – advice for head teachers, staff and governing bodies’. See Associated Resources section below for a link to this document.

8 Section 94 of the Education and Inspections Act 2006

9 Section 550ZA (3) of the Education Act 1996

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Power to use reasonable force

38. Members of staff have the power to use reasonable force to prevent pupils committing an offence, injuring themselves or others, or damaging property, and to maintain good order and discipline in the classroom.

39. Head teachers and authorised school staff may also use such force as is reasonable given the circumstances when conducting a search without consent for knives or weapons, alcohol, illegal drugs, stolen items, tobacco and cigarette papers, fireworks, pornographic images or articles that have been or could be used to commit an offence or cause harm.

40. Schools can also identify additional items in their school rules which may be searched for without consent. Force cannot be used to search for these items.

41. Separate advice is available in ‘Use of Reasonable Force – advice for school leaders, staff and governing bodies’. See Associated Resources section below for a link to this document.

Use of Isolation

42. Schools can adopt a policy which allows disruptive pupils to be placed in isolation away from other pupils for a limited period. If a school uses isolation rooms as a disciplinary penalty this should be made clear in their behaviour policy. As with other disciplinary penalties, schools must act lawfully, reasonably and proportionately in all cases. Any separate room should only be used when it is in the best interests of the child, and other pupils. Any use of isolation that prevents a child from leaving a room of their own free will should only be considered in exceptional circumstances and if it reduces the risk presented by the child to themselves and others. The school must also ensure the health and safety of pupils and any requirements in relation to safeguarding and pupil welfare.

43. It is for individual schools to decide how long a pupil should be kept in isolation and for the staff member in charge to determine what pupils may and may not do during the time they are there. Schools should ensure that pupils are kept in isolation no longer than is necessary and that their time spent there is used as constructively as possible. Schools must allow pupils time to eat or use the toilet.

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Associated resources

1. Home school agreements

2. Use of Reasonable Force – advice for headteachers, staff and governing bodies

3. Screening, Searching and Confiscation – advice for headteachers, staff and governing bodies

4. Exclusions Guidance

5. Safeguarding

6. SEN Code of Practice

7. The Government’s former expert adviser on behaviour, Charlie Taylor, has produced a checklist on the basics of classroom management. Teachers can use it to develop between five and ten essential actions to encourage good behaviour in pupils.

Legislative links

Education Act 1996

School Standards and Framework Act 1998

Education Act 2002

Education and Inspections Act 2006

School Information (England) Regulations 2008

Equality Act 2010

The Education (Independent School Standards) (England) Regulations 2010

Education Act 2011

Schools (Specification and Disposal of Articles) Regulations 2012

The Education (Independent School Standards) (England) Regulations 2012

The School Behaviour (Determination and Publicising of Measures in Academies) Regulations 2012

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© Crown copyright 2014

You may re-use this information (excluding logos) free of charge in any format or medium, under the terms of the Open Government Licence. To view this licence, visit www.nationalarchives.gov.uk/doc/open-government-licence or email: psi@nationalarchives.gsi.gov.uk.

Where we have identified any third party copyright information you will need to obtain permission from the copyright holders concerned.

Any enquiries regarding this publication should be sent to us at:

www.education.gov.uk/contactus.

This document is available online at: www.gov.uk/government/publications

Reference: DFE-00023-2014

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Searching, screening and confiscation Advice for headteachers, school staff and governing bodies

February 2014

2

Contents Summary 3

About this departmental advice 3

Expiry or review date 3

Who is this advice for? 3

Key points 3

Screening 5

Searching with consent 6

Searching without consent 7

During the search 10

After the search 11

Frequently Asked Questions 14

Further sources of information 15

Associated resources (external links) 15

Legislative links 15

3

Summary

About this departmental advice This advice is intended to explain schools’ powers of screening and searching pupils so that school staff have the confidence to use them. In particular it explains the use of the power to search pupils without consent. It also explains the powers schools have to seize and then confiscate items found during a search. It includes statutory guidance which schools must have regard to.

Expiry or review date This advice will next be reviewed in December 2014.

Who is this advice for? This advice is for: School leaders and school staff in all schools in England.

For the purposes of this advice references to “maintained school” means a

community, foundation or voluntary school, community or foundation special school. It also means Pupil Referral Units and non-maintained special schools.

For the purpose of this advice references to “Academy” means Academy schools (including mainstream free schools) and AP Academies (including AP Free Schools).

Where particular provisions do not apply to a particular type of school we make this clear.

Key points

Searching

School staff can search a pupil for any item if the pupil agrees.1

Headteachers and staff authorised by them have a statutory power to search pupils or their possessions, without consent, where they have reasonable grounds for suspecting that the pupil may have a prohibited item. Prohibited items are:

o knives or weapons o alcohol o illegal drugs o stolen items o tobacco and cigarette papers o fireworks

1 The ability to give consent may be influenced by the child’s age or other factors

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o pornographic images o any article that the member of staff reasonably suspects has been, or is likely

to be, used to commit an offence, or o to cause personal injury to, or damage to the property of, any person (including

the pupil).

Headteachers and authorised staff can also search for any item banned by the school rules which has been identified in the rules as an item which may be searched for.

Confiscation

School staff can seize any prohibited item found as a result of a search. They can also seize any item, however found, which they consider harmful or detrimental to school discipline.

Schools’ obligations under the European Convention on Human Rights (ECHR)

Under article 8 of the European Convention on Human Rights pupils have a right to respect for their private life. In the context of these particular powers, this means that pupils have the right to expect a reasonable level of personal privacy.

The right under Article 8 is not absolute, it can be interfered with but any interference with this right by a school (or any public body) must be justified and proportionate.

The powers to search in the Education Act 1996 are compatible with Article 8. A school exercising those powers lawfully should have no difficulty in demonstrating that it has also acted in accordance with Article 8. This advice will assist schools in deciding how to exercise the searching powers in a lawful way.

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Screening What the law allows: Schools can require pupils to undergo screening by a walk-through or hand-held

metal detector (arch or wand) even if they do not suspect them of having a weapon and without the consent of the pupils.

Schools’ statutory power to make rules on pupil behaviour2 and their duty as an

employer to manage the safety of staff, pupils and visitors3 enables them to impose a

requirement that pupils undergo screening.

Any member of school staff can screen pupils. Also note: If a pupil refuses to be screened, the school may refuse to have the pupil on the

premises. Health and safety legislation requires a school to be managed in a way which does not expose pupils or staff to risks to their health and safety and this would include making reasonable rules as a condition of admittance.

If a pupil fails to comply, and the school does not let the pupil in, the school has not excluded the pupil and the pupil’s absence should be treated as unauthorised. The pupil should comply with the rules and attend.

This type of screening, without physical contact, is not subject to the same conditions as apply to the powers to search without consent.

2 Section 89 of the Education and Inspections Act 2006 for all maintained schools, PRUs and NMSS and the Education (Independent School Standards) (England) Regulations 2010 for academy schools and alternative provision academies 3 Section 3 of the Health and Safety at Work etc. Act 1974

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Searching with consent Schools’ common law powers to search: School staff can search pupils with their consent for any item.

Also note: Schools are not required to have formal written consent from the pupil for this sort of

search – it is enough for the teacher to ask the pupil to turn out his or her pockets or if the teacher can look in the pupil’s bag or locker and for the pupil to agree.

Schools should make clear in their school behaviour policy and in communications to parents and pupils what items are banned.

If a member of staff suspects a pupil has a banned item in his/her possession, they can instruct the pupil to turn out his or her pockets or bag and if the pupil refuses, the teacher can apply an appropriate punishment as set out in the school’s behaviour policy.

A pupil refusing to co-operate with such a search raises the same kind of issues as where a pupil refuses to stay in a detention or refuses to stop any other unacceptable behaviour when instructed by a member of staff – in such circumstances, schools can apply an appropriate disciplinary penalty.

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Searching without consent What the law says: What can be searched for ? Knives or weapons, alcohol, illegal drugs and stolen items; and

Tobacco and cigarette papers, fireworks and pornographic images; and

Any article that the member of staff reasonably suspects has been, or is likely to be,

used to commit an offence, or to cause personal injury to, or damage to property; and

Any item banned by the school rules which has been identified in the rules as an item which may be searched for.

1. Can I search? Yes, if you are a headteacher or a member of school staff and authorised by the

headteacher.

2. Under what circumstances? You must be the same sex as the pupil being searched; and there must be a witness

(also a staff member) and, if at all possible, they should be the same sex as the pupil being searched.

There is a limited exception to this rule. You can carry out a search of a pupil of the opposite sex to you and without a witness present, but only where you reasonably believe that there is a risk that serious harm will be caused to a person if you do not conduct the search immediately and where it is not reasonably practicable to summon another member of staff.

3. When can I search? If you have reasonable grounds for suspecting that a pupil is in possession of a

prohibited item. Also note: The law also says what must be done with prohibited items which are seized following

a search.

The requirement that the searcher is the same sex as the pupil and that a witness is present will continue to apply in nearly all searches. Where it is practicable to summon a staff member of the same sex as the pupil and a witness then the teachers wishing to conduct a search must do so.

4. Authorising members of staff Headteachers should decide who to authorise to use these powers. There is no

requirement to provide authorisation in writing.

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Staff, other than security staff, can refuse to undertake a search. The law states that headteachers may not require anyone other than a member of the school security staff to undertake a search.

Staff can be authorised to search for some items but not others; for example, a member of staff could be authorised to search for stolen property, but not for weapons or knives.

A headteacher can require a member of the school’s security staff to undertake a search.

If a security guard, who is not a member of the school staff, searches a pupil, the person witnessing the search should ideally be a permanent member of the school staff, as they are more likely to know the pupil.

5. Training for school staff When designating a member of staff to undertake searches under these powers, the

headteacher should consider whether the member of staff requires any additional training to enable them to carry out their responsibilities.

6. Establishing grounds for a search Teachers can only undertake a search without consent if they have reasonable

grounds for suspecting that a pupil may have in his or her possession a prohibited item. The teacher must decide in each particular case what constitutes reasonable grounds for suspicion. For example, they may have heard other pupils talking about the item or they might notice a pupil behaving in a way that causes them to be suspicious.

In the exceptional circumstances when it is necessary to conduct a search of a pupil of the opposite sex or in the absence of a witness, the member of staff conducting the search should bear in mind that a pupil’s expectation of privacy increases as they get older.

The powers allow school staff to search regardless of whether the pupil is found after the search to have that item. This includes circumstances where staff suspect a pupil of having items such as illegal drugs or stolen property which are later found not to be illegal or stolen.

School staff can view CCTV footage in order to make a decision as to whether to conduct a search for an item .

7. Searches for items banned by the school rules An item banned by the school rules may only be searched for under these powers if it

has been identified in the school rules as an item that can be searched for.

The school rules must be determined and publicised by the headteacher in accordance with section 89 of the Education and Inspections Act 2006 in maintained schools. In the case of academy schools and alternative provision academies, the school rules must be determined in accordance with the School Behaviour (Determination and Publicising of Measures in Academies) Regulations 2012. Separate advice on school rules is available in ‘Behaviour and Discipline – advice for

9

headteachers and school staff’ via the link under Associated Resources.

Under section 89 and the School Behaviour (Determination and Publicising of Measures in Academies) Regulations 2012 the headteacher must publicise the school behaviour policy, in writing, to staff, parents and pupils at least once a year.

8. Location of a search Searches without consent can only be carried out on the school premises or, if

elsewhere, where the member of staff has lawful control or charge of the pupil, for example on school trips in England or in training settings.

The powers only apply in England.

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During the search 9. Extent of the search – clothes, possessions, desks and lockers What the law says: The person conducting the search may not require the pupil to remove any clothing

other than outer clothing.

‘Outer clothing’ means clothing that is not worn next to the skin or immediately over a garment that is being worn as underwear but ‘outer clothing’ includes hats; shoes; boots; gloves and scarves.

‘Possessions’ means any goods over which the pupil has or appears to have control – this includes desks, lockers and bags.

A pupil’s possessions can only be searched in the presence of the pupil and another member of staff, except where there is a risk that serious harm will be caused to a person if the search is not conducted immediately and where it is not reasonably practicable to summon another member of staff.

Also note: The power to search without consent enables a personal search, involving removal of

outer clothing and searching of pockets; but not an intimate search going further than that, which only a person with more extensive powers (e.g. a police officer) can do.

10. Lockers and desks Under common law powers, schools are able to search lockers and desks for any item

provided the pupil agrees. Schools can also make it a condition of having a locker or desk that the pupil consents to have these searched for any item whether or not the pupil is present.

If a pupil does not consent to a search (or withdraws consent having signed a consent form) then it is possible to conduct a search without consent but only for the “prohibited items” listed above.

11. Use of force Members of staff can use such force as is reasonable given the circumstances when

conducting a search for knives or weapons, alcohol, illegal drugs, stolen items, tobacco and cigarette papers, fireworks, pornographic images or articles that have been or could be used to commit an offence or cause harm. Such force cannot be used to search for items banned under the school rules.

Separate advice is available on teachers’ power to use force – see Associated Resources section below for a link to this document

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After the search 12. The power to seize and confiscate items – general What the law allows: Schools’ general power to discipline, as set out in Section 91 of the Education and

Inspections Act 2006, enables a member of staff to confiscate, retain or dispose of a pupil’s property as a disciplinary penalty, where reasonable to do so.

Also note: The member of staff can use their discretion to confiscate, retain and/or destroy any

item found as a result of a ‘with consent’ search so long as it is reasonable in the circumstances. Where any article is thought to be a weapon it must be passed to the police.

Staff have a defence to any complaint or other action brought against them. The law protects members of staff from liability in any proceedings brought against them for any loss of, or damage to, any item they have confiscated, provided they acted lawfully.

13. Items found as a result of a ‘without consent’ search What the law says: A person carrying out a search can seize anything they have reasonable grounds for

suspecting is a prohibited item or is evidence in relation to an offence.

Where a person conducting a search finds alcohol, they may retain or dispose of it. This means that schools can dispose of alcohol as they think appropriate but this should not include returning it to the pupil.

Where they find controlled drugs, these must be delivered to the police as soon as possible but may be disposed of if the person thinks there is a good reason to do so.

Where they find other substances which are not believed to be controlled drugs these can be confiscated where a teacher believes them to be harmful or detrimental to good order and discipline. This would include, for example, so called ‘legal highs’. Where staff suspect a substance may be controlled they should treat them as controlled drugs as outlined above.

Where they find stolen items, these must be delivered to the police as soon as reasonably practicable – but may be returned to the owner (or may be retained or disposed of if returning them to their owner is not practicable) if the person thinks that there is a good reason to do so.

Where a member of staff finds tobacco or cigarette papers they may retain or dispose of them. As with alcohol, this means that schools can dispose of tobacco or cigarette papers as they think appropriate but this should not include returning them to the pupil.

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Fireworks found as a result of a search may be retained or disposed of but should not be returned to the pupil.

If a member of staff finds a pornographic image, they may dispose of the image unless its possession constitutes a specified offence (i.e. it is extreme or child pornography) in which case it must be delivered to the police as soon as reasonably practicable. Images found on a mobile phone or other electronic device can be deleted unless it is necessary to pass them to the police.

Where an article that has been (or could be) used to commit an offence or to cause personal injury or damage to property is found it may be delivered to the police or returned to the owner. It may also be retained or disposed of.

Where a member of staff finds an item which is banned under the school rules they should take into account all relevant circumstances and use their professional judgement to decide whether to return it to its owner, retain it or dispose of it.

Any weapons or items which are evidence of an offence must be passed to the police as soon as possible.

14. Statutory guidance on the disposal of controlled drugs and stolen items

It is up to teachers to decide whether there is a good reason not to deliver stolen items or controlled drugs to the police. In determining what is a “good reason” for not delivering controlled drugs or stolen items to the police the member of staff must have regard to the following guidance issued by the Secretary of State :

In determining what is a ‘good reason’ for not delivering controlled drugs or stolen items to the police, the member of staff should take into account all relevant circumstances and use their professional judgement to determine whether they can safely dispose of a seized article.

Where staff are unsure as to the legal status of a substance and have reason to believe it may be a controlled drug they should treat it as such.

With regard to stolen items, it would not be reasonable or desirable to involve the police in dealing with low value items such as pencil cases. However, school staff may judge it appropriate to contact the police if the items are valuable (iPods/laptops) or illegal (alcohol/fireworks).

15. Statutory guidance for dealing with electronic devices

Where the person conducting the search finds an electronic device they may examine any data or files on the device if they think there is a good reason to do so. Following an examination, if the person has decided to return the device to the owner, or to retain or dispose of it, they may erase any data or files, if they think there is a good reason to do so.

The member of staff must have regard to the following guidance issued by the Secretary of State when determining what is a “good reason” for examining or erasing the contents of an electronic device:

In determining a ‘good reason’ to examine or erase the data or files the staff member must reasonably suspect that the data or file on the device in question has been, or could be, used to cause harm, to disrupt teaching or break the school rules.

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If inappropriate material is found on the device it is up to the teacher to decide whether they should delete that material, retain it as evidence (of a criminal offence or a breach of school discipline) or whether the material is of such seriousness that it requires the involvement of the police.

Also note: Teachers should also take account of any additional guidance and procedures on the

retention and disposal of items that have been put in place by the school.

16. Telling parents and dealing with complaints

Schools are not required to inform parents before a search takes place or to seek their consent to search their child.

There is no legal requirement to make or keep a record of a search.

Schools should inform the individual pupil’s parents or guardians where alcohol, illegal drugs or potentially harmful substances are found, though there is no legal requirement to do so.

Complaints about screening or searching should be dealt with through the normal school complaints procedure.

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Frequently Asked Questions Q: I’m a teacher; can I refuse to search a pupil without their consent? A: Yes. A headteacher cannot require a member of staff to conduct a search. In order to conduct a search without consent, a member of staff must be authorised to do so. Staff can choose whether they want to be authorised, or not. Q: Is there a risk that I could face legal challenge if I search a pupil without consent? A: Headteachers and authorised school staff have a specific statutory power to search pupils without consent for specific items – knives/weapons, alcohol, illegal drugs and stolen items. As long as the member of staff acts within the limits of this specific power they will have a robust defence against a legal challenge.

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Further sources of information

Associated resources (external links) Use of Reasonable Force – advice for headteachers, staff and governing bodies

Behaviour and Discipline in Schools

Behaviour and Discipline in Schools – advice for head teachers and school staff

Information Commissioner for advice on the Data Protection Act

Legislative links The Education Act 1996

Education and Inspections Act 2006

Education (Independent School Standards) (England) Regulations 2010

The Schools (Specification and Disposal of Articles) Regulations 2012

School Behaviour (Determination and Publicising of Measures in Academies) Regulations 2012

Health and Safety at Work etc Act 1974

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© Crown copyright 2014

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Reference: DFE-00034-2014

Last updated June 2015

3 Tier Response to Uniform Issues at Woking High School 1. Students will be verbally requested to follow action listed below. 2. Should students refuse to follow action, a BLUE card will be issued, leading to a 1 hour after school detention with their Head of Year. Additionally, should the same student be seen on the same day wearing incorrect uniform the BLUE card will be issued immediately. 3. If the student continues to refuse the request then the appropriate Head of Year will be notified immediately, this could lead to time in the Focus Room or a Restorative Practice Meeting. Additionally, should the same student be seen on the same day for a third time wearing incorrect uniform, the appropriate Head of Year will be notified straight away.

Rule Action Shirts must always be tucked in whilst on school site or representing the school during visits, the only exception being physical activity during break and lunch

Initial verbal warning to tuck shirt in

Navy V-neck jumpers only Hoodies, cardigans and other branded/logo jumpers should be confiscated and given to the office for collection at 15.30

Blazers must be worn correctly with sleeves rolled down. Whilst in the school building, blazers should not be put in school bags

Initial verbal warning to wear blazer correctly after removing from bag. If no blazer notify the main office via email and send student to office

Ties worn correctly with logo showing below knot and pulled up to collar

Initial verbal warning. If no tie notify the main office via email and send student to office

Skirts most be worn correctly (no more than 10cm above the knee when kneeling).

Notify the main office via email and send student to office

Trousers must be black or grey, of a suitable length and without designer belt or buckle

Notify the main office via email and send student to office

Socks should be black, grey or white Notify the main office via email and send student to office

Plain black shoes (girls heels should be no higher than 5cm, platform soles must be no more than 1cm, backless shoes are not permitted)

Should student be in alternative footwear, provide the opportunity to change. If they are unable to change into appropriate footwear, notify the main office via email and send student to office where they will be changed into school plimsoles

No jewellery allowed (including wristbands and friendship bracelets) other than one small pair of stud ear rings or watch

Additional jewellery should be removed. Notify Tutor, Head of Year and Pastoral Coordinator so that jewellery can be confiscated and given to the office for collection at 15.30

School badges only Any additional badges should be removed. Notify Tutor, Head of Year and Pastoral Coordinator so that jewellery can be confiscated and given to the office for collection at 15.30

No extreme hairstyles allowed If you consider a student to have an extreme hairstyle notify the main office via email and send student to office

No make-up in school (Y10 & 11 girls allowed discreet make-up)

Notify the main office via email and send student to office

No nail varnish allowed Notify the main office via email and send student to office

Mobile phones/Ipod/MP3’s or other elated electronic devices must not be seen or heard in lessons

If taken out during lessons give them a verbal warning. If the warning is not headed then notify Tutor, Head of Year or Pastoral Coordinator so that it can be confiscated and given to the office for collection at 15.30

Confiscated items Confiscated items should be taken to the office as soon as possible. All items should be clearly

labelled. Confiscated items MUST NOT be left in the classroom.

Appendix M Restorative Practice Principals at Woking High School

Figure 1 – Timeline of a restorative approach

Figure 2 – Step 1 What happened?

Step 2 – Who has been affected by this?

Step 3 – What needs to happen now?