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TCES & Essex Fresh Start Independent School

- Behaviour Policy

Essex Fresh Start Independent School Behaviour Policy

Essex Fresh Start Independent School (EFS) caters for pupils with significant SEMH and those with an Autism Spectrum Condition (ASC). Many of our pupils have experienced difficulties, trauma and rejection in their previous school life. Almost all pupils have either been excluded or have been long-term school refusers. This policy covers SEMH and ASC Primary and Secondary pupils along with pupils in our CREATE (Community Recovery Education Assessment and Therapeutic Experience) service. N.B: In line with best practice in ASC this policy will be differentiated to reflect approved and recognised ASC related behaviour support strategies.

At EFS we believe that:Acceptable and appropriate behaviour is critical to learning, not simply in relation to academic subjects but also as an essential life skill. Emerging regulations and guidance about good behaviour and staff roles in supporting it need to be understood and implemented.

Our potential offer to our pupils: Many of our pupils have experienced difficulties, trauma and rejection in their previous school

life. We offer the stability that is a necessary pre-requisite for reflecting on their experience and gaining insight, emotional literacy, resilience and empathy with others so their future can be different and happier

We offer a positive approach to help support each individual pupil in managing, changing and improving their own behaviour

Where appropriate our school pupils are held accountable for their actions and are given the social and emotional support necessary to make changes when needed. We enable pupils to take responsibility and make reparation when their behaviour has been unhelpful and to gain alternative strategies and actions for the future

Our pupils are provided with opportunities and support to develop self-esteem, interpersonal and social skills as well as to make positive choices in respect of their behaviour both in and out of school because we believe they will become successful members of society through the knowledge, values, and thinking skills learned in the classroom.

We recognise the crucial role that a broad, balanced, relevant and differentiated curriculum makes in supporting young people’s behaviour, and every effort is made to offer such an approach through the TCES Group’s Five Part Curriculum.

We recognise the centrality of high quality learning and teaching, and focus our energies on recruiting and supporting high quality staff.

In line with these values we aim:

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To provide a positive learning environment for all pupils and a personalised curriculum that encourages them to achieve their full potential by building on strengths and interests

To provide a safe working environment for all pupils and staff To provide a calm, predictable and structured environment for pupils with ASC To promote self-esteem, self-discipline, personal responsibility and independence To promote positive relationships To encourage the involvement of both school and home in the implementation of this policy To ensure that our expectations and strategies are known and understood by everyone in the

school

We place particular emphasis on pupils making visible, measurable progress and achieving success in all areas of development, including, social, behavioural and academic. The aim is to encourage pupils to develop self-study and organisational skills, to develop their social abilities and enjoyment within the environment of a group setting, and to build on their individual strengths and interests in order to increase self-esteem, motivation and emotional resilience.

Many of the pupils are likely to exhibit a range of challenging behaviours and emotional insecurities, including self-esteem issues, vulnerability, anxiety and lack of confidence. They may have a history of bullying or being bullied and may have had particular difficulties in coping with transitional phases, including their transfer to us.

In seeking to define acceptable behaviour it is acknowledged that this will include goals to be worked towards as much as expectations which are either fulfilled or not. We thus have a central role in pupils’ social and emotional development just as we do in their academic development and success. Just as we measure academic achievement in terms of progress and development over time towards academic goals, so we measure standards of behaviour in terms of the pupil’s developing ability to conform to identifiable and socially recognisable and acceptable behavioural goals.

All pupils will bring a wide variety of behaviour patterns based on previous experiences and on differences in home values, attitudes, parenting skills and peer modelling. For pupils with ASC this will also include behaviours associated with difficulties in developing social understanding, social communications and flexible thinking skills. We work towards standards of behaviour based on principles of honesty, respect, consideration and personal responsibility. It follows that acceptable standards of behaviour are those which reflect these principles. We recognise that pupils will feel safer if we set out clear rules and expectations of behaviour from the outset, which are clearly, visually displayed and we encourage them to take ownership of this for themselves through motivational, positive reward systems and by contributing to regular discussions on the expectations and rules of the school; the rights and responsibilities of pupils and staff; and the spiritual, moral, social and cultural development of each pupil attending our schools.

Testing of boundariesPupils have a need to discover where important boundaries of unacceptable behaviour lie. It is natural for them to test these boundaries to confirm their existence and sometimes for the fun or the challenge of it. The proper answer to such testing is to confirm the existence of the boundaries and to do so firmly, unequivocally and at once. Behaviour may at times be better challenged away from peers,

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however it is useful to bear in mind the positive and powerful effects that can be obtained from peer support and group interactions when they are facilitated and managed constructively. All negative behaviour needs to be addressed, although occasionally very minor incidents of behaviour can be ignored and the pupil diverted into positive learning. It is still very important to mention the behaviour during allocation of the reward system points after the lesson, but this can be a positive comment on how the pupil was beginning to ‘mess around’ but managed to get back ‘on task’. Minor behaviour should only be ignored as part of a strategy and never because the teacher/TA wants to avoid confrontation. Ignoring behaviour will give a clear message to the pupil that the behaviour is okay or that the adult is afraid to address the issue.

TCES’ strengths based approach to Behaviour Support (the MAPA Approach)

TCES have a corporate strength based behaviour management approach across all its schools and has developed a partnership with Crisis Prevention Institute (CPI) formerly Positive Options. All TCES schools have adopted the MAPA positive behaviour management approach which began in 1996, and has continued to develop its philosophy and range of physical interventions, which include a suite of disengagement techniques designed to enhance personal safety for both pupil and staff. The MAPA approach is specifically designed to support the behaviours of pupils with complex additional needs. Its origins of the MAPA® model were in health care, social care, and special education. MAPA®

Physical Interventions are suitable for staff who work directly with people across the age spectrum who present behaviour that limits inclusion and/or that is considered to be risky or harmful to the person or others. MAPA® Physical Interventions are independently risk assessed and accredited by the British Institute of Learning Disabilities (BILD).

Those at CPI involved in the creation and continuous development of MAPA work in partnership with TCES and annually quality assure all TCES processes, policies, practical implementation and training programme. TCES has an annual license that enables TCES to train and develop staff in MAPA. TCES has worked closely with CPI to develop a rolling training programme that ensures all TCES staff have a 2 day MAPA training programme with an assessment criteria with regular half termly MAPA sessions for new staff or refresher courses for staff who would benefit from them. Staff can request this themselves or can be identified by the Head Teacher / Behaviour Support Lead in each school.

All of the TCES staff receive a two day training (with regular update and annual review) in the dedicated BILD accredited CPI MAPA training; Management of Actual and Potential Aggression. This training is Nationally recognised by Ofqual as a Level 4 accreditation. Each of our schools has a nominated Behaviour Support lead representative and a minimum of two dedicated MAPA trainers who have attended our 5 day MAPA ‘Train-the-Trainers’ programme.

All staff receive training in the following skills on the 2 day MAPA course: Communication Skills, De-Escalation, Behaviour Support, Positive Relationships, Team Work and Crisis Management, Physical Interventions and post-crisis management and support.

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All TCES schools have incorporated MAPA Mondays which is co-ordinated by the MAPA leads on each site and attended by all staff. The aim of these sessions is to review and improve the way we support pupils through revisiting situations from the previous week, discussions, role play, problem solving and updating Individual Behaviour Support Plans.

Sophisticated experience, knowledge, awareness and skills in behaviour support are a key aspect of high quality provision in the recruitment strategy for TCES schools. All our staff are trained in the 4:1 ratio, that is that positive behavioural cues such as praise, rewards, nonverbal positive approbation and encouragement should outweigh negative, blocking or rejecting cues by a ratio of four to one in order for any behaviour modification programme to be successful. TCES has partnered with CPI, a leading national provider of communication skills training and training in the Management of Actual and Potential Aggression (MAPA®) to provide a range of highly specialised and evidence-based staff trainings across all our schools. These courses are accredited by BILD which holds the National Register for Providers of Physical Intervention skills training. In this partnership CPI has provided a five day Instructors Course to a group of 14 trainers selected from the TCES schools workforce for their communication and behaviour support skills and ethical values.

Our MAPA® behaviour support trainers are based in each of the TCES schools where they provide a two day training programme in ethics and values- based practice; personal safety; risk assessment; communication skills; behaviour modification and physical interventions to all staff working with our pupils on the school site. All staff completing our two day course will receive a minimum annual refresher training in addition to workshops, training and consultancy discussions delivered by our MAPA trainers on each school site on weekly afternoon INSET training sessions.

Built in Quality Assurance;

There are a number of features that are part of the TCES behaviour management system which link the core principles of MAPA to Incident Reporting which help to ensure the safety of pupils and staff as well as the consistency of approach. These features are found both at strategic and operational levels and are a combination of internal and external monitoring and reviewing in order to ensure high levels of safety and a continuous drive for best practise. The Incident Reporting system is built upon a culture that encourages staff at all levels to embrace responsibility for behaviour management and transparency supported by senior management accountability and expertise. Below is a summary of the QA process.

Strategically:1. Every member of staff is trained in MAPA on an annual basis2. A system is in place to train new staff and those that need a refresher course outside of this3. This paperwork is externally verified by CPI through an annual audit4. The TCES MAPA Lead quality assures the MAPA leads in each school

Operationally:

1. There is a detailed Incident Reporting system on our internal School Information Management System, Scholar Pack

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2. Every incident that has a physical intervention is recorded in writing3. All physical interventions are reviewed by the Behaviour Support Lead in each school (this is

not a member of SLT)4. Each Behaviour Support Lead will highlight areas practise for review with the SLT/TCES

MAPA Lead directly

The components of a positive approach to behaviour support include: An understanding of typical child development and the possible origins of problem behaviours Clearly defined, individualised and differentiated CAN BSP Plan (Complex and Additional

Needs Behaviour Support Plan) for all pupils Written policies and agreements, including Pupil Code of Conduct and Home School

Agreements, so that everyone knows what is expected of them Developing proactive strategies to prevent incidents of inappropriate or challenging behaviour

from occurring in the first instance. Understanding what happens when the individual pupil is part of a group: identifying how they

can be supported to manage themselves, or be managed, so that any triggers can be addressed and removed

Having graduated de-escalation and diversion strategies to pre-empt or limit the undesirable behaviours

Teaching conflict resolution skills and strategies where appropriate Having clear and detailed Individual Education and Behaviour Plans or for more vulnerable

pupils ‘Complex and Additional Needs Behaviour Support Plans (CAN BSP Plans)’ encompassing a strengths based programme of behaviour support and de-escalation and reviewed at least each half term

Keeping clear incident records that allow for discussion, learning and changed practice as a result of the monitoring of incidents in respect of the individual pupil, staff members and good practice in general

A method of debriefing for all involved that encourages pupils (where appropriate) and staff to express their views about incidents and to learn from them

Encouraging pupils to complain if they feel they have been unfairly treated in any way Keeping parents, carers and relevant professionals involved and informed at all stages from

policy development and assessment to monitoring of incidents Taking all complaints seriously and being open to external and independent scrutiny Regular management review of both individual incidents and patterns of incident and

behaviour, within and across settings We have set out our expected rules of behaviour in ‘The Code of Conduct’ which is displayed

prominently in each class room and regularly discussed with pupils.

School ManagementTCES Group recognises the multi-factorial nature of successful management of independent schools for pupils with SEMH and ASC. Good order and discipline and the creation of an environment that maximises the potential of all our pupils and staff to succeed is the product of a complex number of interacting factors. Our established experience is that a number of defined managerial interventions enhance the security, safety, and quality of the learning environment in our schools. This list is not exhaustive but represents a significant part of the commitment to delivery that our Head Teachers

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and senior leadership teams make to support the work of our pupils and staff in the day to day life of our schools:

A welcoming and positive school environment which is light, bright and visually demonstrates the values of respect for learning and for ourselves which permeates every member of our school community.

A collective welcome at the beginning of every school day for all our pupils in which they are greeted by members of the school staff and welcomed into the learning environment in an atmosphere of mutual respect and consideration for others and compliance with the school norms and rules. All our pupils will be invited to eat or drink should they wish at the beginning of the school day.

Every school will have a timetable and a planned duty roster for each school day in which the responsible professional for the school is clearly identified and in which each member of staff is given clear direction on their planned contribution to the welfare and good order and discipline of the school throughout the school day. The timetable and duty roster for that school day will be displayed in the main entrance and reception area for the school.

A clearly described programme of rewards, incentives and, where necessary, sanctions and reparations which provides a frequent, daily reminder to each pupil and member of staff of the individual progress our pupils make in attaining the academic and behavioural targets to which they aspire. Where our pupils feel that they have encountered a difficulty in maintaining their own high standards of respect and tolerance for themselves and others we will use a restorative justice model to offer opportunities to explore and develop their understandings of their own and other people’s rights, responsibilities and civic duties.

A daily, planned programme of a minimum of 30 minutes of reflective group work in which pupils are invited to reflect on their own and others strengths and vulnerabilities on a daily basis. Group meetings will include meetings of the school council (or school council feedback forums) for every pupil on a weekly basis.

A weekly (minimum fortnightly) meeting for all our pupils with an individual keyworker who has a special interest in the learning and spiritual, moral, social and cultural development of each individual pupil for whom they have delegated responsibility.

A clearly written individual assessment and education and behaviour support plan for every pupil that identifies baseline assessment, targets for improvement in curriculum, learning and behaviour and clearly written information about eh intervention and support strategies that our staff will utilise to maximise the educational, social, moral, cultural and emotional development of each and every one of the pupils in our schools.

Adult behaviourThe adults encountered by pupils at school have an important responsibility to model high standards of behaviour, both in their dealings with the pupils and with each other, as their example will have an important influence on the pupils.

As adults we: encourage relationships based on kindness, respect and understanding of the needs of others ensure fair treatment for all regardless of age, gender, race, sexual orientation, ability and

disability show appreciation of the efforts and contributions of all

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display the highest standards of conduct, including the modelling of punctuality, consistency and fair and equitable boundaries

Classroom Management

Classroom Management is the responsibility of all staff in the school at all times. The School expects that education will be conducted in an orderly and above all safe environment.

Pupils must be supervised by staff at all times during school hours.

The classroom environment gives clear messages to pupils about the extent to which they and their efforts are valued. Relationships between teacher and pupil, strategies for encouraging good behaviour, arrangement of furniture, access to resources and classroom displays all have a bearing on how pupils behave.

We believe that an appropriately structured curriculum and effective learning environment and culture contribute to good behaviour. Thorough planning for the needs of individual pupils, the active involvement of pupils in their own learning, and structured feed-back all help to avoid the alienation and disaffection which can lie at the root of poor behaviour. Staff need to plan and prepare all schemes of work, taking into account the classroom management demands of the group they are working with.

However, to function effectively as adults, pupils also need to learn positive values and attitudes and to take personal responsibility for their actions. To promote responsible behaviour we believe that we need to have an accepted and clearly defined code of behaviour.

Good classroom management requires the following:1. Knowledge of the needs of all pupils in the class, including knowledge of:

risk assessment undertaken on a pupil before entry (see admission policy) pupil character home background academic strengths and weaknesses statement of Special Educational Needs medical issues peer group relationships any known behavioural difficulties and patterns of behaviour known trigger issues for behaviours/ emotional responses behaviour support plans and contracts of behaviour Individual Education Plans The TCES Group ‘CAN BSP’ Plans aspects of the Care Plan relevant to pupils who are ‘looked after’ the Positive Reward System (Behaviour Modification System) which has been created

specifically for that pupil

2. A daily meeting with pupils (9am) where we reflect on the previous day and discuss positives and areas for pupil improvement. This meeting allows the ‘pupils voice‘ and an opportunity to address

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feelings and emotions. This also allows the pupils and staff to work together as a community with a common goal which addresses ‘How can we do things better?’ A solution focused approach is utilized for problem solving of issues within the school. This is sometimes done as a Tutorial Session, where appropriate, as a small group. Pupils are afforded the opportunity to chair these daily meetings and these daily meetings feed directly into the Student Council. For some pupils initially this can be done as an individual Key-working session with individual pupils,

3. Well planned work is paramount, including schemes of work and lesson plans with clear aims and objectives, and this preparation should happen after each school day and be discussed by the staff each morning before pupils arrive. The planning should incorporate differentiation and progression.

4. A variety of strategies must be planned for, in every lesson. Many of our pupils have short attention spans and so tasks set must allow for measurable progress within a short time frame. Once a task is set, and a pupil engages, care should be taken to ensure that they are not disturbed and are allowed to complete the task. Teachers need to be flexible in their lesson planning and delivery and to allow lessons to be responsive to new opportunities which come up during the lesson, to ensure pupil engagement. Lessons can incorporate a number of ways of achieving the same learning objective and having a number of contingencies for each lesson will provide an often necessary diversion. This can divert and help to prevent cycles of inappropriate behaviour.

5. We expect pupils to test boundaries. Throughout lessons teachers and teaching assistants need to be non-judgemental, calm and positive in their approach. This requires a high level of self-awareness on the part of teaching and learning support staff, in order that they understand and can manage their own responses to situations and the types of challenge they are likely to face.

6. Occasionally, very low level challenging behaviour is better ignored, especially where attention can be focused into a more constructive endeavour. When behaviour escalates, situations may at times be defused by a mixture of humour and clear reprising of expectations and agreements in relation to behaviour, provided that the pupil is not made to feel humiliated and laughed at. Care does need to be taken in this respect, however a shared sense of humour may help to take the tension out of a situation and restore a healthy and constructive working environment.

7. Where there are breaches of behavioural standards and expectations, there will need to be recognized and fair but clear sanctions according to ‘The Code of Conduct’. (SEE Appendix 2)

8. Toilet breaks need to be taken during break times with reminders for pupils by staff before the end of each break. There will be exceptions for pupils who have known medical conditions. Staff must always accompany pupils to the toilet facilities, and there should be no more than two pupils taking toilet breaks at the same time, but ideally only one at a time.

9. Eating and drinking are not allowed in the classroom during lesson time and the best means of ensuring that this is adhered to by pupils is to explain the reasons why in their Induction i.e., Health & Safety re: computers and the cleanliness of the working environment etc. Prohibitive notices should be prominently displayed.

10.Mobile telephones belonging to pupils must be handed in at the beginning of the school day.

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11.The above issues need to be gone through carefully with pupils during their Induction process, so that they are clearly explained and understood. Should any of them then become an issue with a pupil, they must first be given a warning that a sanction will be imposed. This ensures that staff members do not get into imposing on the spot sanctions which they cannot enforce if a pupil refuses to comply, e.g. asking a pupil to hand over their phone, which may not happen or be enforceable. The sanction can then be thought through by staff with the support of management if requested.

12.Break times and lunchtimes are the times of the day with the most potential for disruption. A rota will be created for each site by the teacher assigned, listing which staff members are due to supervise.

13.All staff need to be consistent in their approach to classroom management. This means paying attention to their own good time-keeping, reacting in a similar way to similar situations and marking work in a regular manner.

14.Support staff need to be aware of teacher expectations regarding classroom management and to do their best to encourage pupils to accommodate requests made of them.

15.We expect all staff and pupils to leave a room in the same state in which they find it. Pupils and staff equally should be challenged on the dropping of litter and any damage incurred to property.

Many of the behaviours likely to be experienced will be characterised as ‘attention-seeking’ and egocentric. The emotional, social and moral development of pupils will not always be compatible with their chronological ages. Some pupils will have a very poor self-image, arising from many contributory factors, including previous school failure. Inappropriate behaviours are often their attempts to improve their self-image, without considering the consequences. Any intervention needs to consider the underlying factors which fuel the inappropriate behaviours as well as helping pupils to recognise that the choices they make will have consequences to themselves, and sometimes to others. The need is for them to understand and to accept that they must learn to take personal responsibility for their choices and actions.

TCES has developed a number of behaviour support interventions and systems outlined below:

A Three Tier behaviour intervention programmeThis is a specified programme of interventions based on the principles that teaching teams and pastoral services have a collective responsibility to support difficult pupil behaviour. There are three tiers involved including an in-class tier, an in-class and in-school tier (half and half) and a significant level of refocus in-school support (often one to one) is the third tier. (SEE Appendix 1).

Behaviour ModificationBehaviour Modification - a system of praise and rewards for appropriate behaviour - will be used consistently in the school. It is structured around a system of points to encourage Attendance, Positive Participation and Co-operation, and building up evidence of work, all of which will be recorded daily.

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Positive Reward System A reward is anything positive which is given to a pupil for performing an action and makes it more likely that the pupil will perform the same action again. Rewards can be strong or weak in their influence on patterns of behaviour.

Commonly used rewards include:

Social rewards - praise, smiles etc. Events - such as playing a game, being asked to do a responsible task, taking part in a

chosen activity; Consumables - stars, stickers, football cards, ‘silly prizes’ and ‘quick notes’, etc.

The most important things to remember about a Positive Reward system are fairness and consistency. Pupils must start off by having the ability to earn points for good ‘pro-social’ behaviour. Points should never be taken away from pupils but points must be earned. The behaviour is modified by a system of feeding back on the points systems, points earned and related behaviour after each lesson. Always try to end this discussion on a positive note. If the reward system appears to be a source of conflict for some pupils, as may happen occasionally, please discuss this with the Head Teacher/Inclusion Manager. Equally if the pupil does not comply with the reward system, for example because they have lots of money, discuss with the Head Teacher, Inclusion Manager and colleagues.

RewardsA reward system is used as a means of affirming positive behaviour. The pupil receives points which they collect towards a meaningful reward. This is just the same as adults earning wages for their work. In the case of our pupils, we provide vouchers as rewards. WE NEVER GIVE PUPILS MONEY. SEMH Pupil reward systemThe system used is a positive example as pupils can earn a number of points throughout the day. Therefore, teachers and TAs are provided with an opportunity to focus and regularly feedback on positive aspects of behaviour and achievement.

Points SystemPupils work towards achieving points through good learning and good behaviour. Pupils are set individual point targets based on their individualised targets which are monitored in each lesson by the teachers and weekly through by their tutors. Pupils who achieve their individual points in a week will receive a certificate and go into a draw for the ‘pupil of the week’ and receive a £5 voucher. Individual awards for particular subjects and positive contributions to the community are also recognised on a weekly basis and celebrated in assembly.

Quick NotesPupils can receive a “Quick Note” for exemplary work, behaviour or social skills within the classroom. This is worth £5 which contributes to a student’s tutor group pot of money which is used at the end of every half term or term to go on trips.Students can receive a maximum of 1 quick note per lesson.

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‘Catch Ya’“Catch Ya” cards are given to students that are “caught doing the right thing.”These are given out during breakfast club, break time, lunch time and in-between lessons.

“Catch Ya” cards are given out for:

Respect Uniform (only at the beginning of the day and for correct PE kit) Anti-bullying

There is no limit to the amount of “Catch Ya” cards you can get in a day.

All “Catch Ya” cards go to your tutor and are then collected at the end of the week. There will be a draw in the school meeting where 1 “Catch Ya” card is drawn at random and the winner will receive a £5 voucher.

The more “Catch Ya” cards you receive the more chance you have of catching a £5 voucher!

ASC Pupil reward system

Weekly Reward System

All pupils can earn 3 points per lesson. Up to a maximum of 30 per day. In order to earn the 3 points they need to show 1) respect for themselves 2) respect for others and 3) respect for the school. At the beginning of the week the pupils set an agreed target with their key worker i.e. – How many points they think they can earn in any given week. When pupils achieve their target they are given a £5 voucher as a reward. If pupils over achieve their target, their points are carried over to the following week.

Merit Awards

Pupils can earn merits for going above and beyond expectations. For example: helping a peer without being prompted to do so. Merits are collected in an individual merit book and can be redeemed towards a trip out at the end of each half term.

Individual Motivational charts

Some pupils will have individual visual motivational charts to help support them in completing work within their lessons. Pupils earn tokens for completing lesson tasks and work towards reward time at the end of the lesson when they can choose a preferred activity.

The Code of Conduct

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‘The Code of Conduct' will be displayed prominently in each classroom and within Home School Agreement, which all pupils will be expected to read and sign before coming to our School. (SEE Appendix 1).

Sanctions are used to develop and reinforce pupils understanding of the consequences of their own actions.The use of sanctions/ consequences will be characterised by certain features:-

It must be clear why the sanction is being applied. It must be made clear what changes in behaviour are required to avoid further consequences. There needs to be a clear distinction between minor and major offences. It should be the behaviour rather than the pupil that is sanctioned.

We believe that it is vital to outline the schools’ rules and expectations for all pupils so that they are clear about the boundaries set around their behaviour. This clarity engenders a sense of fair play as well as making pupils feel safe. We expect the following School Rules, Rights and Responsibilities to be adhered to:

1. We have the right to be respected and the responsibility to respect others2. We have the right to have our property looked after and the responsibility to look after

others’ property3. We have the right to learn and the responsibility to allow others to learn4. We have the right to an education and the responsibility to work hard5. We have the right to be kept safe and the responsibility to keep others safe6. We have the right to help and support and the responsibility to help and support

others

To apply these ideas we require staff and pupils alike to:a. listen when someone is talking to them;b. respect other pupils who are working, or involved in an activity;c. look after all equipment;d. take ownership of their learning and responsibility for their part in it.

Defining behaviour: Major and Minor incidents and their resultant responses: In working with pupils with SEMH or ASC whilst every attempt must be made to ensure that sanctions are consistent there must be by the very nature of the pupil specific SEN, the ability for the Head Teacher to invoke a discretionary change to the policy of consistency.

Behaviours which we view as both major and minor incidents or offences and the resultant responses to these include:

Major Incidents/Offences Physical abuse/Assault on persons Serious verbal and non-verbal threatening or abusive behaviour Serious damage to property including vandalism or graffiti

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Carrying a weapon or using or threatening to use school equipment or any other item as a weapon

Drug and alcohol possession and/or abuse Fire-setting or threatening behaviour with matches or cigarette lighters Sexualised behaviour and language Unsafe behaviour towards self (Self-Harm) Absconding Bullying – whatever type. Behaviours which may display onset mental health problems Repetitive minor incidents which collectively disrupt the learning environment

Sanctions for the above occurring: The above behaviours will need to be assessed on a case by case basis with the final decision being made by the Head Teacher and may result in:

The Head Teacher and/or the Deputy Head Teacher or Inclusion Manager in the Head Teachers’ absence MUST always be consulted following a major incident.

The Police being called (ONLY after agreement from the Head Teacher or ONLY in his/her absence the SLT or Central Service Operational Management consulted), which could result in an arrest (Police’s decision);

Possible immediate fixed term exclusion (FTE) of the pupil (SLT decision); N.B: It is the policy of TCES to reduce FTE’s wherever possible – this may mean that an internal exclusion is in order or an alternative consequence is considered. However a FTE will be appropriate following a very serious offence in order to allow meetings and processes to be put in place.

An Incident report is required by the Head Teacher from staff the same day that MUST be completed and signed off within 24 hours;

An option of an Emergency Planning Meeting with Pupil, Family/Carers, Head Teacher and possibly a Local Authority representative is an option to be considered;

If the unsafe behaviour is out of character, the pupil may be sent on a half day or day’s FTE immediately but return to EFS with his or her parents/carers for a meeting arranged for the next day;

Risk Assessment MUST be undertaken before the pupil is considered for gradual re-integration: (depending on the nature and severity of the incident the pupil may not be allowed back into school. If this occurs, we may make a recommendation on the advisability of offering alternative provision, however the responsibility for any decision on alternative provision will remain with the LA and TCES Central Services team.) This decision is ALWAYS made through the TCES Complex Needs Panel ONLY. These Risk Assessments MUST be updated each term or when there has been a repeat of the behaviour or a serious incident.

Where there is damage to property any pupil(s) involved or responsible will be expected to account for their actions and to work with a staff member on making some form of reparation. Serious damage to property and consistent minor damaging of property will result in parents/carers being billed. The calling of the Police for serious criminal damage must be considered if damage occurs on more than one occasion or is severe in one incident.

There is a clear anti-bullying strategy/procedure in place, which staff will be expected to work through with all parties involved wherever bullying is alleged or has occurred. This will be recorded very clearly in both an Anti-Bullying plan as well as the Anti-bullying folder. (SEE Anti-Bullying policy)

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A pupil who displays overt and unsafe sexualised behaviour, self-harm, frequent absconding which places them at risk, or onset mental health behaviour may need to be suspended or placed in our CREATE Service whilst a multi-agency strategy meeting and/or professional assessment takes place. This decision is ALWAYS made through the TCES Complex Needs Panel ONLY.

The Police will always be called when a pupil absconds (see separate Missing Person/Absconder Procedure).

A Behavioural Contract will ALWAYS be put in place when a Major incident occurs. This can take the form of an Anti-Bullying Contract or a specific Behavioural Contract. The Behavioural Contract in whatever form it takes MUST be signed by Parents/Carers and Pupil or if not signed then reasons for non-signature clear. These Contracts or BSPs MUST be updated each term or when there has been a repeat of the behaviour or a serious incident.

Minor Incidents/Offences:There are too many possible minor infringements to record in this section. The following is therefore a sample of minor infringements and not an exhaustive list. Teachers and Teaching Assistants will need to use their informed professional judgment and the support of the SLT regarding other examples of minor incidents, however consequences must be fair and consistent.

(Minor Incidents sample) A pupil: swears a lot regularly interrupts the lesson inappropriately is disruptive during class brings expensive or inappropriate items to the School or Service to ‘show them off’, such as

mobile phones, electronic games, watches, jewellery etc calls a fellow pupil or member of staff inappropriate names or ‘picks on’ another pupil (This

could be viewed as the onset of bullying – see Anti-Bullying policy) is late for class each morning or returns from break/lunch late engages in minor damage of property. This could include defacing school books, desks,

minor graffiti or damaging their own assessed work walks out of class whenever s/he is frustrated, without listening to staff instruction or gaining

permission slip from the teacher refuses to comply with instructions from staff wanders around site against staff wishes takes unauthorised breaks or toilet breaks and leaves the classroom

Possible sanctions/consequences for minor infringements: The pupil is reminded of the School rules and ‘The Code of Conduct’. Loss of free time may be an appropriate consequence. (This consequence must take into

account numbers of staff, otherwise the pupil cannot be supervised safely separate from the rest of the group).

Withdrawal of a privilege for a limited period of time. Clarity that expensive home items are not to be taken into school, and if they are they will be

confiscated and placed in safe keeping to be returned to the pupil at the end of the school day. Staff members cannot be held responsible for damage or loss to any pupils items which should not have been brought into school.

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A letter goes out to Parents/Carers about persistent minor incidents.

A request is made for the Inclusion Manager or Head Teacher to meet the pupil. This could result in the Inclusion Manager or Pastoral Care Coordinator undertaking some ‘one to one’ sessions with the pupil around the behaviour.

A review of the pupil’s IEP or CAN BSP Plan and the school rules and ‘The Code of Conduct’ is undertaken with the pupil.

If warnings are not heeded then parents/carers are called in to discuss the behaviour with the teacher/TA and pupil.

In very rare instances for repeated minor incidents, the pupil can be fixed term excluded by calling the parents/carers or calling a taxi if there is felt to be a Health and Safety issue arising from the behaviour.

An Incident report is required the same day where the incident is felt to warrant it.

Fixed-Term Exclusion

1. A fixed-term exclusion will normally only be considered when all other strategies have been exercised without success or where time is needed to review the support strategies being used with a pupil.

2. The school reserves the right to give a fixed-term exclusion peremptorily for a more serious breach of school discipline including:

Intentional physical aggression towards another pupil, including hitting with the hand and kicking;

Bullying: Sexual harassment Possession of illegal substances including alcohol, tobacco or drugs; Theft or extortion Possession of a weapon

3. It will be for the Head Teacher in liaison with the Head of ASC where applicable to determine the length of the fixed-term exclusion (up to 45 days in any one year) on the basis of facts relating to the specific case. A second exclusion for a similar offence may well be for a longer term than the first.

4. All FTE’s are recorded in writing with copies of the letter being sent to all relevant parties within 24 hours. It is normally expected that the parents/carers will accompany the pupil to school on the first day back after the exclusion when both will be interviewed by the Head Teacher or his/her representative.

Permanent Exclusion1. The school regards permanent exclusion as the sanction of last resort.

2. A permanent exclusion will normally only be considered for persistent breaches of school discipline inside or outside the classroom after all other strategies and sanctions, including one, two or (exceptionally) three fixed-term exclusions have been exercised without success and after a written warning has been issued to parents.

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3. The school reserves the right, however, to give a permanent exclusion peremptorily for an offence which involves an exceptionally serious breach of school rules and which puts staff or other pupils at the school at physical risk.

4. Such offences may include: A physical assault on a member of staff; A serious physical assault on a fellow pupil which is premeditated and/or

involves the use of an offensive weapon; Dealing with drugs; Arson; Deliberate serious breach of the school’s Health and Safety Code.

5. When a pupil is permanently excluded, a formal letter will be sent to the parents/carers informing them of the reason for the exclusion and their right of appeal. The Head Teacher will convene a meeting with the Local Authority and the Schools’ Proprietor of TCES to discuss the situation. If it is decided to pursue the permanent exclusion of the pupil they and their parents/carers will be invited to a meeting with the Head Teacher. If the parent/carer chooses not to attend this meeting then a further meeting involving representatives of TCES, the school, parent/carer and the Local Authority is scheduled. If the decision to exclude is upheld, a letter will be sent to the parents/carers informing them of the decision and their right of appeal. Parents/carers will then have fifteen days within which to appeal.

6. The appeal will be heard by the SMT of TCES and a nominated officer of the Local Authority and the decision reached by this hearing will be final.

All exclusion documents and processes comply with the latest DFE Guidelines.

Screening and searching of pupils for weapons

For our procedure on searching pupils, please SEE attached Appendix 1

The PoliceWe work closely with the police and each group will have regular meetings/lessons with the police to enable pupils to see the police in a situation which does not involve offending.

The Head Teacher or office should be notified immediately if there is an immediate Health and Safety incident or threat to safety, a phone call will be made to 999 and the staff member/s who witnessed the incident must record the incident on our Critical Incident Report Form. If the pupil action is illegal but does not cause immediate Health and Safety problems the police switchboard may be called on 0300 123 1212. Drug taking for example would be an illegal action which usually would require the incident to be reported to the local police rather than 999.

The police are keen to work in partnership with EFS and have stated that ‘if in doubt about ringing 999' we should ring 999. The Local Community Police Officers have also pledged their support and requested that the school contacts them immediately if and when assistance is required

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Staff SupportThe most valuable resource that we have is our staff. Our staff require consistent, reliable, supportive management support and supervision throughout the school day from the Head Teacher and TCES management

1. In addition to induction, supervision, appraisal and CPD, all staff receive 2 day specialised MAPA training in the Management of Actual and Potential Aggression.

2. There will Safeguarding training including Child Protection, induction training on the EFS practice and procedures, including the behaviour policy, report writing, Health & Safety and undertaking risk assessments. First Aid for all staff as well as accreditation INSET programmes will also be available throughout the year.

3. Each member of staff should receive supervision from their line managers at least half-termly and more frequently if requested. The Head Teacher will work in each classroom to model good practice, on a regular basis.

4. Staff will also have an appraisal of their work undertaken over the course of the school year. 5. Any staff who are experiencing difficulties in dealing with pupil behavioural issues should

seek support from their designated line manager. They may also wish to consult with their colleagues in staff meetings or with the Head Teacher or Inclusion Manager, both of whom are there to provide further guidance and support.

6. There will be a weekly leadership meeting, where good practice can be shared, training needs identified and support structures put in place.

Pupil Support1. A dedicated key worker system for each pupil including individual key worker sessions. 2. Regular pastoral reviews to identify pupils most at risk. 3. Regular one to one support around behavioural and other issues with individual pupils. We

have a Inclusion Manager who will work closely with identified pupils. This work can be on both an individual and group basis.

4. Support for pupils when there has been an incident the day before.5. Support for pupils to address their concerns and anxieties when a group member is returning to

the group after suspension.6. Support through an anti-bullying policy for pupils who are being or who have been bullied.7. Regular contact with parents/carers and all involved agencies.

Parental Support1. A positive partnership with parents is crucial. If parents/carers know what is going on they can

build trust and develop a common approach to behavioural expectations and strategies for dealing with problems.

2. Parents need to be tactfully challenged if staff feel they are colluding with their child or putting obstacles in the way of their progress. However staff also need to be sensitive to pressures in the parent/carers own lives and if necessary may wish to recommend appropriate agencies for parental/carers’ support.

3. A partnership agreement between the school, pupil and parent is signed on admission (the Home School Agreement)

4. The school will communicate policy and expectations to parents.5. Where behaviour is causing concern, parents will be informed at an early stage, and given an

opportunity to discuss the situation

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6. Parental support will be sought in devising a plan of action within this policy, and further disciplinary action will be discussed with the parents as well as the pupil(s).

Support to all parties through a regular and rigorous review of Incident reports:

1. The SLT will review incidents reports weekly.2. There will be a substantial review of all incidents in all schools and school sites to ensure that

school management staff can utilise this information to address behavioural trends amongst pupils and staff

3. The review of incidents will be discussed at weekly Senior Management Team meetings and at Board level every half term

4. Incident reviews will produce referrals to the TCES Group internal CAN Panel where escalations in frequency, intensity or duration of behaviour will be discussed

5. Incident reviews will feed into our provision mapping ensuring that pupils who are demonstrating the most significant need receive additional support for the 15% of pupils with complex and additional needs

Physical Intervention

The School firmly believes that an approach that does not readily use physical intervention, other than in the most extreme circumstances to protect the health and wellbeing of adults and children, is the most effective approach when working with pupils who have behavioural difficulties. In order to fulfil the School’s duty of care, the following guidance aims to help staff understand what the law means for them in practical terms, as well as providing advice on good practice. The purpose of the law and this guidance is to protect staff and pupils, prevent serious damage or disruption and reduce the likelihood of actions by staff being successfully challenged in the courts or elsewhere.

The staff to which this power applies are defined in the Education Act 2006. They are: any Teacher who works at the School any other person whom the head has authorised to have control of pupils.

This includes:i) support staff whose job normally includes supervising pupils, such as TAs and other

support staffii) people to whom the head has given temporary authorisation to have control or charge of

pupils such as paid members of staff whose job does not normally involve supervising pupils (for example catering or premises-related staff) and unpaid volunteers (for example parents accompanying pupils on school organised visits).

Central to this guidance is the understanding that any physical intervention used by staff must be in accord with the idea of ‘Reasonable Force’ and used only as a last resort when all other strategies have been exhausted. The use of force can only be regarded as reasonable if the circumstances of the particular incident warrant it and the degree of force employed is proportionate to the level of challenging behaviour presented or the consequences it is intended to prevent.

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It is always unlawful to use force as punishment. This is because it would fall within the definition of corporal punishment, abolished by section 548 of the Education Act 1996.

Legal Context:Note must be made of the following documents:

Non Statutory Guidance - DCSF “Use of Force Guidance” 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

Human Rights Act Disability Discrimination Act The DOH / DFES Joint Guidance on Physical Intervention 2002.

Early identification of pupils and agreement with pupils and their parents/carersIt is to be expected that in a special school there will be times when restrictive physical intervention (RPI) is required as a last resort. In these instances the information provided at referral and the home visit/risk assessment should signpost this and we must inform parents/carers and pupils that we will undertake RPI as a last resort if a pupil is a danger to himself or others or damaging school property. This should be put in writing as part of the Home Visit/Risk Assessment or School Visit and also with the pupil during the same processes or in his/her school induction.

Identification of Strategies:A calm and considered approach to any situation is needed. The school should identify pupils who are likely to behave in a way that might require physical control or restraint in order that behaviour can be predicted as far as is possible and preventative measures planned.

Types of incident where the use of Reasonable Force may be necessary fall into 3 broad categories:1) Action due to imminent risk of injury2) Action due to developing risk of injury or significant damage to property 3) Action where a pupil is behaving in a way that is compromising good order and discipline

Examples of 1 & 2: A pupil attacks a member of staff or another pupil. A pupil is engaged in or on the verge of starting to damage property. A pupil is running up and down a corridor in a way that could cause injury. A pupil is absconding (NB this only applies if the child is at risk if they leave the room/building). A pupil is running off the pavement onto a busy road

Example of 3: A pupil persistently refuses to leave the room. A pupil is behaving in a way that is seriously disrupting the lesson.

Reasonable force may be used where a pupil is on school premises or elsewhere in the lawful control or charge of a staff member and must be proportionate to the circumstances.

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Planned Interventions

Planned interventions involve staff employing, where necessary, one or a combination of strategies as agreed responses to an identified behaviour/s. This will be documented in an IEP and agreed with

the Local Authority placing the pupil. Any such plan will be frequently reviewed to ensure that planned physical intervention remains a positive and practical part of a pupil’s plan.

Positive handling plans will set out the techniques that should be used and those that should not normally be used. Any planned use of physical intervention should be compatible with a pupil’s statement and properly documented in school records.

As far as reasonably possible, staff who come into contact with such pupils should be aware of the relevant characteristics of those individuals, particularly:

situations that may provoke difficult behaviour, preventative strategies and what de-escalation techniques are most likely to work

what is most likely to trigger a violent reaction, including relevant information relating to any previous incident requiring use of force

any specific physical intervention strategies and techniques that have been agreed by staff, parents, the Local Authority and the pupil (if appropriate).

An important part of any planned intervention is to teach pupils, who are at risk, how to communicate in times of crisis and strategies to use in a crisis (such as using personal communication passports and non-verbal signals to indicate the need to use a designated quiet area or cool-off base) and ensure staff are familiar with these strategies.

Permissible physical interventionsThe following strategies may be employed:

standing or seated holding or guiding techniques to prevent a pupil from carrying out an attack to people or property

shepherding a pupil away (one or two staff standing to the pupil’s side to escort away from a volatile situation).

In extreme circumstances more restrictive holds may be used.

It is very strongly recommended that staff who have not received training do not engage in restrictive physical interventions as there is a significant risk of injury to both pupil and self. In any circumstance where a restrictive physical intervention has been used, staff will need to account for their reasoning and judgment in an Incident report. Physical interventions used will need to take account of age, cultural background, SEN, gender, stature and medical history of the pupil involved. There must be no restriction of the chest that could hinder breathing, avoid ground recovery strategies unless they are the last resort.

Those exercising the power to use force must also take proper account of any particular special educational need (SEN) and/or disability that a pupil might have. Under the Disability Discrimination Act 1995, schools have two key duties:

a) not to treat a disabled pupil less favourably, for a reason relating to his or her disability, than someone to whom that reason does not apply, without justification; and

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b) to take reasonable steps to avoid putting disabled pupils at a substantial disadvantage to pupils who are not disabled (known as the reasonable adjustments duty).

Situations where staff should not normally intervene without help.Sometimes an authorised member of staff should not intervene in an incident without help, unless it is an emergency. The school should have communication systems that enable a member of staff to summon rapid assistance when necessary. Help may be needed in dealing with a situation involving an older pupil, a large pupil, more than one pupil or if the authorised member of staff believes s/he may be at risk of injury. In these circumstances s/he should take steps to remove other pupils who might be at risk and summon assistance from other authorised staff, or where necessary initiate the process for calling the police.

Reporting and Monitoring of Incidents:Reporting and monitoring is of paramount importance as it provides:

Protection for staff and pupils Keeps a record for a number of incidents so times, areas that most incidents occur can be

tracked.

The member of staff involved in an incident is usually best placed to compile the record. It would be good practice for the member of staff with lead responsibility for safeguarding to check the record and for the School to provide the member of staff involved in the incident with a copy of the final version. The record will form part of the pupil’s educational record.

Behaviour Management Training provided to support staff:

TCES teaching staff and employees in EFS are trained in ‘MAPA’ de-escalation, physical intervention and positive behaviour support. This training is BILD (British Institute of Learning Disability) registered and approved. It has been developed at in partnership with Keele University and is of international quality and reputation in the management of aggression in care and education settings. This training is accompanied by regular inset training days and review.

The Aims of MAPA:

To establish emotional contact and bonding between the staff and pupil through the use of verbal and physical interaction.

To allow the expression of anger, frustration, anxiety and emotional turmoil in a safe and controlled environment.

To enable staff to explore issues of threat and confrontation with the service user. To enable staff to recognise their feelings and to learn to express themselves in meaningful

and constructive ways. To help staff to identify and adopt alternative coping strategies. To help staff to develop a more meaningful and trusting relationship.

The Values:

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Everyone is a unique individual. Resolving aggression and violence cannot be achieved unless the staff or pupil’s underlying

needs are met. The focus of the relationship between the pupil and the staff should be an alliance rather than

one of 'winners' and 'losers'. Problems (and therefore solutions) exist within a reciprocal relationship. Resolution can only be achieved through mutual change.

All feelings are valid and must not be dismissed. Staff should help pupils to validate their feelings, whilst at the same time actively directing the service users to learn positive alternative and socially valid expressions of emotion.

Pupils need to learn to care for themselves. Low self-esteem often leads to physical and psychological self-neglect. Pupils need to learn to value themselves and learn to work for themselves rather than against themselves.

Pupils and staff need to learn to care for others and understand that relationships can be positive and rewarding.

The staff's primary goal should be one of interaction, bonding, trust, and the development of positive relationships. The notion of supportive interaction suggests that carers act as mediators between the service user’s violence and poor coping strategies, and the goal of personal growth and self-management. Interaction can help prevent the service user from using difficult behaviour to avoid relationships and achieve emotional detachment.

The pupil’s behaviours are not viewed as 'good' or 'bad' but as 'helpful' or 'non-helpful' in terms of personal growth, access to opportunity, and self-management. The pupil responds in a manner that makes sense at the time and therefore cannot adapt or change until new alternatives have been learned.

Wherever physical interventions are unavoidable to manage risk, it is important that staff are able to employ methods that can meet their professional, ethical and moral obligations in order to preserve the therapeutic alliance with people of all ages that they offer care, treatment and support to, whilst also maintaining a legal justification.

The most acceptable and effective strategy for supporting people is one where staff are able to form and develop a therapeutic alliance that is based upon mutual involvement, respect and understanding. Although it is perhaps unrealistic to expect that this will be possible in all situations, CPI believes that it is more than reasonable to expect that the use of any physical interventions will always represent the least restrictive and least harmful practice, and that it is used in a way that complements the existing non-physical and interactive strategies.

As a risk reduction strategy, it is implausible to expect that people will never sustain injuries; whatever their age and physical constitution, as a consequence of the use of physical interventions. Nor is it possible to assert that staff will never be injured as a consequence of a person’s behaviour, or as a consequence of the physical interventions employed. Nevertheless, TCES actively engages with the core MAPA principle of the least restrictive hold for the shortest time possible and believes every effort should be made to reduce the risk and severity of potential injury to the lowest practicable level. Importantly, if any injuries are sustained by people or staff it is imperative that they are promptly and appropriately treated through first aid or medical treatment, and accurately reported and recorded, with the reasons for the injuries being accounted for.

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principles of de-escalation and other preventative, behaviourally orientated strategies that avoid the use of physically holding a person. Consequently, staff should not use pain or pain compliant techniques (or threats to inflict pain).

Complaints:

The School aims to involve parents or carers at the earliest opportunity, however it is recognised that this will not prevent all complaints and that a dispute about the use of a physical intervention by a member of staff might lead to an investigation as part of the Complaint or usual staff management processes. Furthermore the Police and the Social Services Department may also be involved.

Please see policies on Dealing with Allegations against Staff and Complaints.

Disability Equality SchemeIn reviewing this policy we have taken into account consideration of any potential implications of the Disability Equality Scheme.

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TC EDUCATION SERVICES Policy Sign Off

This policy was agreed and implemented by Thomas Keaney on behalf of TCES:

Signed: CEO & School Proprietor

Last Reviewed: 6th January 2016

Ongoing Feedback

Staff are invited to comment on this policy and to suggest ways in which it may be improved, by contacting the Head Teacher who will discuss this with the SMT.

Review of Policy

This policy was formally adopted by TCES in September 2007 and adapted for the EL School in September 2009 and replaces all previous policies, procedures and guidelines in use within the company.

It will be further developed by staff and pupil review and discussion and given a formal review annually.

Reviewer: Senior Management Team (SMT) & Management Development Group (MDG)

Date of next formal review: January 2018

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Appendix 1

Screening, Searching and Confiscation Advice for Head Teachers, Staff and Governing bodies (TCES Board)

The following guidelines have been taken from ‘Screening, searching and confiscation advice for Head Teachers, Staff and Governing bodies (DfE February 2014), which replaces ‘Screening, searching and confiscation advice for Head Teachers, Staff and Governing bodies (DfE 2nd April 2012),

It is a criminal offence to bring a knife or other weapon to school and the DES announced in October 2006 that a school has power, without any new legislation, to require pupils to undergo screening, when the school does not have reasonable grounds for suspicion. Legislation enabling searches on suspicion came into force in May 2007.

The main ways to keep knives out of schools continue to be educating young people in better behaviour and in the dangers of illegally carrying a knife, but in addition, school staff are permitted to search a pupil, with consent, as part of their authority to discipline. The power to screen without suspicion helps to deter pupils from carrying a weapon in the first place. The new statutory search power, under education law, allows schools to search without consent, though within a range of safeguards. Schools retain the option of calling the police, who may decide to conduct a search.

Scope of powers

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.

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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.

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 Head Teacher or a member of school staff and authorised by the Head Teacher.

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.

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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 Head Teachers should decide who to authorise to use these powers. There is no requirement to

provide authorisation in writing.

Staff, other than security staff, can refuse to undertake a search. The law states that Head Teachers 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 Head Teacher 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 Head Teacher

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 Head Teacher 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 Head Teachers and school staff’ via the link under Associated Resources.

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Under section 89 and the School Behaviour (Determination and Publicising of Measures in Academies) Regulations 2012 the Head Teacher 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.

School policy

If a Head Teacher plans to use the power to screen or the statutory power to search, the Head Teacher should take the views of, for example, the employer, governing body and staff. The school’s Profile should include relevant information about these school security measures in the narrative section about health and safety. The Head Teacher can present the information as a school policy which sits alongside, and complements, a school’s policies on behaviour and on the use of force (a Head Teacher has the option of using powers to screen or search in support of measures to ensure acceptable behaviour by pupils).

The policy should:- remind pupils and parents that it is a criminal offence to have a knife or offensive weapon in

school and that the penalties for a pupil on conviction can be severe ;- include how, when a pupil is suspected of carrying a weapon but school staff choose in this

particular instance to call the police instead of using the power to search, school staff will manage the pupil in order to keep other pupils and staff reasonably safe while the police are not present.

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Appendix 2

Three tier school based behaviour support interventions

Interventions/Strategies already implemented to manage this pupil’s placement effectively: (the following is a list of examples but are not prerequisites to each Tier)

Teaching and Learning Interventions and Strategies: Clinical/Therapeutic Interventions/Strategies:In Class Interventions

Tier 1: (In class boundary setting, personalised reward system, Defined levels of TA support, literacy and numeracy differentiation, update IEBP, Personalised in class Code of Conduct including anti-bullying strategies, Visual behaviour support charts, Speech and Language in class support, Tutor Group Support, Emergency Tutor Group support, Tutor conference to include tutor, TA and class teacher & Pastoral Co-ordinator)

Tier 1: (Provision map, Increased feedback to pupil, increased liaison between school and family, Tutor conference to include tutor, TA and class teacher & Pastoral Co-ordinator this will include consideration of Nurture and Restorative Justice, referral to counselling).

In School Interventions (split class/out of class interventions)

Tier 2: (Key working, formal review of IEBP, review of risk assessment, informal review of ASR, external behaviour contract with parents/carers and LA, Peer Mentoring, time out card, interim differentiated curriculum,1:1 literacy and numeracy intervention , 1:1 Speech and Language therapy, 1:1 support, specific focused TA support, Inclusion conference to include tutor, TA and all class teachers, Inclusion Manager, & Deputy Head Teacher)

Tier 2: Reviewed provision map, (Daily check in and check out with Inclusion Manager/Pastoral Care Co-ordinator, Key working sessions, social skills, behaviour management, anger management, Restorative Justice – Repair and Rebuild plan, referral to school counsellor, referral to Drama therapist, referral to Nurture Group, Consultation meeting)

Schools/Re-focus Service (5 pupils max): Additional/External Resources

Tier 3: (Formal Interim Review of ASR, Professional Meeting, referral to 15% through internal multi-disciplinary meeting, CAN Plan, alternative/vocational curriculum, 6 week program of one to one support, formalised bespoke curriculum, transfer of service (CES/TEAM), Re-Integration Conference: TA and all class teachers, Inclusion Manager, Head of Clinical Services & Head Teacher)

Tier 3: (New Provision map, MAPA intervention plan, Referral to Complex Pupil Panel, Home Visit or school meeting including child, referral to CAMHS, Social Services or Family Support Services, Multi agency Professionals Meeting)

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Appendix 3

Code of Conduct and School Rules

1. We have the right to be respected and the responsibility to respect others

2. We have the right to have our property looked after and the responsibility to look after

others’ property

3. We have the right to learn and the responsibility to allow others to learn

4. We have the right to an education and the responsibility to work hard

5. We have the right to be kept safe and the responsibility to keep others safe

6. We have the right to help and support and the responsibility to help and support others

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1 I am a resilient learner- I always try my hardest and learn to the best of my ability

2 I do as I am asked, the first time I am asked3 I am always in the right place at the right time doing the right

thing4 I am a reflective learner-when someone is speaking I always

listen and give my full attention5 I always use the right equipment for my lesson (pen, pencil,

ruler, rubber, books, PE/Dance kit)6 I always look smart and am ready to learn (correct uniform, no

chewing, no swinging on chairs, no mobile phones, headphones or iPods)

7 I am responsible for my learning and the learning of others-this means I work well independently and with others

8 I respect others9 I take pride in my work including the presentation of my work

and exercise book10 I keep my hands, objects and inappropriate comments to

myself

Appendix 4

Expectations of every Learner and Consequences

31 ISO248 v2


- Behaviour Policy

Level Consequence Example behavioursC1

Warning 1

Disturbing learning Not doing as asked when asked Walking out of lesson without permission Incorrect uniform Swearing Derogatory comments about staff and others

C2Warning 2 Repeat of any C1 offence

C3 Teacher Sanction detention phone call home Negative Point on

Scholar Pack

Persistent C1&C2 behaviour Lateness to lessons Refusal to follow instructions Disruption of learning Vandalism Rudeness Verbal abuse

C4 Pastoral Callout Lunchtime detention with

Pastoral Leader Letter home Phone call home

Persistent disruption of learning (C1-3) Verbal abuse Internal truancy

C5 SLT Callout Detention at break or

lunchtime Parent meeting Internal exclusion Fixed Term Exclusions Police Called (HT)

Refusal to serve detention with Pastoral Coordinator

Violence to others

32 ISO248 v2


- Behaviour Policy

Appendix 5

DRAFT Pupil Bill of Rights

DRAFT PUPIL BILL OF RIGHTSRules exist because you have rights, If you had no rights there would be no need for rules and laws. Each of the rules listed below is necessary to protect your rights

BILL OF RIGHTS 1. Pupils and staff shall be free from physical and emotional injury by others or on themselves.

A. The possession or use of knives or any other weapon is forbidden on school grounds or during school related activities.

B. Fighting or any aggressive physical contact, direct or indirect, is not allowed.C. Bullying, verbal abuse, name-calling and the use of profanity are not allowed.D. The possession, use, distribution, or sale of drugs (prescription, non-prescription or

illegal) is forbidden. This also includes alcohol and tobacco, products and any items used when preparing or using drugs such as lighters, pipes, clips and matches etc.

E. Jewellery, which could hurt another person, such as spikes, pins etc. is not allowed.F. The possession of flammable materials-matches, lighters, fireworks etc.is forbidden.G. Hair dye, self-graffiti and tattoos are not allowed.H. Body piercing is forbidden.

2. The school, pupils and staff shall be free from theft, damage or destruction of their property.A. The taking of student, staff or school property without permission is not allowed. This

includes cheating, which is a form of stealing.B. The interference with or destruction of property (personal, student, staff or school) is not

allowed.C. The defacing of property by writing, drawing, or other means is not allowed.

3. Pupils and staff shall have the right to a clean, safe, quiet and secure environment in which to do their school work.

A. Eating and drinking in classrooms is not allowed, unless it is approved by a member of staff. Chewing gum on campus is not allowed. Eating or drinking at school is limited to certain times as break and lunch times.

B. Classroom rules relating to leaving the room without permission, interrupting, disruptive behaviour and other procedures must be followed.

C. Lateness to school or lessons interferes with your right to an education. Hence consequences for lateness will be imposed.

33 ISO248 v2


- Behaviour Policy

D. The wearing of portable music players, headphones or other devices, which prevent Pupils from hearing others, is not allowed. The use of these devices is permitted only by individual contract between the school and a student.

E. Spitting, or other unsanitary, practices is not allowed.

4. Pupils shall have the right to discuss confidentially, any matter relating to their schoolwork or personal life with a teacher, counsellor, deputy head, headmaster or any other member of the staff at appropriate times.

A. Conferences that occur during school time, do not excuse Pupils from making up missed school work.

B. Violation of the provisions of the Behaviour Program will result in loss of behaviour points or other consequences.

5. Pupils have the right to appeal any decision or earned consequences to the Deputy Head or other members of the counselling staff according to the appropriate “Chain of Command” procedures.

6. Pupils shall have the right to receive rewards, privileges, credit and grades for their work and behaviour, which they have earned.

A. Rewards and privileges a student may earn are determined by individual contract.B. Violation of the provisions of the Behaviour Program will result in loss of behaviour

points or other consequences. 7. Pupils shall be safe from search and seizure of their personal property by the staff unless a member of the leadership team has reasonable belief that the student is in possession of materials that are in violation of school rules or the law.

AFFIRMATION

I have read and understand my rights as a student of this school, and I agree to abide by all the school rules, which defend my rights.

STUDENT NAME: _______________________ SIGNATURE:_________________________

DATE:__________________

34 ISO248 v2

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