Behaviour and Discipline in Schools – Guidance for Governing Bodies
Education Act 1996
School Standards and Framework Act 1998
Education Act 2002
Education and Inspections Act 2006
Education Act 2011
The behaviour policy acknowledges the school’s legal duties under the Equality Act 2010, in respect of safeguarding and in respect of pupils with special educational needs (SEN).
Teachers have statutory authority 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 head teacher says otherwise) with responsibility for pupils, such as teaching assistants. Heads 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 have a duty under section 175 of the Education Act 2002 requiring them to make arrangements to ensure that their functions are carried out with a view to safeguarding and promoting the welfare of children.
Nawton and Rosedale Abbey CP Schools Federation Behaviour Policy
We expect and encourage good behaviour and self discipline from all
pupils in order to achieve an environment which enables emotional development,
effective learning, high standards and the smooth functioning of the school as an orderly
- To develop a moral framework within which children can mature emotionally and in which sound relationships can flourish.
- To enable children to develop a sense of self worth, respect and tolerance for others.
- To produce an environment in which children feel safe, secure and respected.
For children to show:
- Self confidence
- Self control
- Respect, courtesy and tolerance towards teachers, other staff and towards each other
- Pride in their achievements
- Interest in their activities
- Empathy with others feelings
- Respect for their environment and community
Teachers and all staff are expected to be good at managing and improving children’s behaviour.
It is expected that parents will support the school in encouraging their children to show respect and support the school’s authority when disciplining its pupils.
A whole school approach of positive reinforcement is taken to the management of behaviour and it is essential that this is followed consistently. In this way we can create a secure climate of mutual respect where children are aware of expectations and receive positive guidance whilst learning to play a responsible role both within the school and
The Law states:
The head teacher 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;
- regulate the conduct of pupils.
When deciding what these measures should be, the head teacher must take account of the governing body’s statement of behaviour principles.
The head teacher must also take account of any guidance or notification provided by the governing body, including in relation to screening and searching pupils, the power to use reasonable force, other physical contact, the power to discipline beyond the school gate and pastoral care for school staff.
The head teacher 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.
Teachers’ powers to discipline include the power to discipline pupils even when they are not at school or in the charge of a member of staff.
The head teacher must publicise the school Behaviour policy, in writing, to staff, parents and pupils at least once a year and on the School Website.
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 and again as they enter each phase of school, Year 1/2, Year 3/4 and Year 5/6. (Appendix 1)
Discipline in schools – teachers’ powers
(Please also refer to the School Code of Conduct – Appendix 2)
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 91 of the Education and Inspections Act 2006).
The power also applies to all paid staff (unless the head teacher 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 for misbehaviour outside school.
Teachers can confiscate pupils’ property.
Consequences for Inappropriate Behaviour
Inappropriate Behaviour Includes:
Behaviour considered unacceptable’ may be determined by the Governing Body where the Headteacher feels t necessary to bring to their attention any behaviour that does not fit into an already listed category
- Disobedience to a reasonable instruction.
- Biting, spitting, hitting and kicking.
- Foul language and swearing.
- Making unkind remarks.
- Damaging property.
- Answering back, rudeness or aggression to adults.
- Carrying knives, drugs, alcohol or any offensive weapon into school.
- Racist comments or behaviour that causes offence.
- Fighting or encouraging others to fight
- Forming gangs for the purpose of intimidating others
- Wearing of any symbols that could cause offence to individuals and or groups, either by gender, sexuality, race, colour, disability or religion.
- Putting themselves, other children or adults at risk.
Consequences for inappropriate Behaviour
A verbal warning stating why the behaviour is not acceptable is expected to be sufficient to correct most inappropriate.
A child will be given a second warning restating why the behaviour is not acceptable should they fail to modify their behaviour
If the inappropriate behaviour continues the child will be given a Time Out for 5 minutes in KS 1 or 10 minutes in KS2. The Teacher or Teaching Assistant will state why the child has received a Time Out. The child completes a Time Out at a designated table in the classroom away from peers. The child is not allowed to speak to peers and an adult will not speak to the child until the end of the timed period. At the end of the times period the Teacher or Teaching Assistant restate why the child received a Time Out and have a brief discussion about how to improve behaviour.
The child is sent with work to complete in another classroom for the remainder of the lesson.
The child is sent to complete work under the supervision of the Headteacher for the remainder of the morning or afternoon.
If the above sanctions do not lead to a modification of behaviour the following actions may be considered.
- Exclusion from the right to represent the school.
- The establishment of a behaviour record or home school report book.
- Implement a Behaviour Change Support Plan
- Other sanctions following discussion between parents, class teacher and Head Teacher.
- PSP (Pastoral Support Programme)
- Exclusion from school [LA guidelines to be followed]
Use of Reasonable Force
(Use of Positive Handling in Supporting Behavioural Change – Appendix 3)
All members of school staff have a legal power to use reasonable force to prevent pupils:
- Committing an offence
- Injuring themselves or others
- Damaging property
- Disturbing good order, discipline and learning in the classroom, eg failure to
leave the classroom when requested to do so.
Force is never used as a punishment, but is used to bring pupils under control or to restrain them.
Reasonable adjustments will be made for those children with a disability and/or Special Educational Needs.
What the law allows:
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.
To be lawful, the punishment (including detentions) must satisfy the following three conditions:
- The decision to punish a pupil 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 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;
- 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 pupil’s age, any special educational needs or disability they may have, and any religious requirements affecting them.
The Head Teacher limits the power to apply punishments to adults employed at Nawton and Rosedale Abbey CP Schools Federation to work with and support children directly, this includes Teachers, Teaching Assistants and lunchtime Supervisors.
If the behaviour under review gives cause to suspect that a child is suffering, or is likely to suffer, significant harms the schools’ Safeguarding Policy will be followed.
If the behaviour might be the result of unmet educational or other needs staff will implement a Multi Agency Assessment.
Corporal punishment is illegal in all circumstances.
Pupils’ conduct outside the school gates – teachers’ powers
What the law allows:
Teachers have a statutory power to discipline pupils for misbehaving outside of the school premises. Section 89(5) of the Education and Inspections Act 2006 gives head teachers a specific statutory power to regulate pupils’ behaviour in these circumstances “to such extent as is reasonable.”
The School Code of Conduct and Consequences will be adhered to when:
- the child is taking part in any school-organised or school-related activity or travelling to or from school or wearing school uniform or in some other way identifiable as a pupil at the school.
- 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.
Confiscation of inappropriate items
What the law allows:
There are two sets of legal provisions which enable school staff to confiscate items from pupils:
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 and protects them from liability for damage to, or loss of, any confiscated items. The legislation does not describe what must be done with the confiscated item and the school behaviour policy may set this out; and
Power to search without consent for weapons, knives, alcohol, illegal drugs and stolen items (‘prohibited items’)6. The legislation sets out what must be done with prohibited items found as a result of a search.
Weapons and knives must always be handed over to the police otherwise it is for the teacher to decide if and when to return a confiscated item.
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.
Head teachers and authorised school staff (Teachers, Teaching Assistants and Lunchtime Supervisors) may also use reasonable force when conducting a search without consent.
Please refer to Positive Handling Policy
This policy applies to the head teacher, all teachers and Lunchtime Supervisors employed by the school except:
- teachers on contracts of less than one term;
- those undergoing induction; or
- those who are the subject of capability procedures.
Positive Reinforcement of Behaviour
A variety of methods are used to encourage and support pupils to behave appropriately:
- Circle Time/PSHE/Citizenship/Assemblies
- School Council
- Code of Conduct
- Areas of Responsibility/good role models
- Mutual respect expected of all adults and children
- Anti-Bullying policy
- A range of visitors into school and a variety of visits offsite
The purpose of the School Council is to encourage mutual respect between members of the school community, to help develop strong values and attitudes and to enable all pupils to feel that their views and opinions are important within the context of the whole school.
Each Class elects two children to represent them on the council. The communication from each year group, via their representative,
leads to discussions which reflect group feelings and opinions. Meetings are held monthly and minutes are distributed to year groups for reflection and discussion.
The School Council are responsible for making decisions about certain aspects of school life which affect all pupils – e.g. School Code of Conduct. Having contributed to the decision making process through their representative, each pupil has some degree of possession of the outcome.
The discussions, feedback and decision making contribute to pupils own awareness of the need for individual and group discipline. This in turn contributes to improving behaviour, helps to prevent bullying and encourages trust, caring and teamwork.
Anti-Bullying Week (November)
Nawton and Rosedale Abbey CP Schools Federation takes part in the national anti-bullying week. This is done through assemblies, poster competitions and discussions/debates in classrooms.
School Code of Conduct
Each Class, and at every entrance to school, there is a Code of Conduct displayed to remind all children and adults of the expectations of behaviour within school.
Star of the Week
Children from each class are chosen by their class teachers for particular mention in Friday’s Celebration Assembly. This may relate to work, attitude, behaviour etc.
From Reception onwards, each pupil at Nawton and Rosedale Abbey CP Schools Federation becomes a member of a Team. Children can be given team points for a
variety of reasons such as good work, kindness, listening carefully, tidying withouthaving to be asked etc. The team points are totaled and announced at
Friday’s Celebration Assembly. The two teams with the highest Team Points take the first lunch sitting for the following week.
Those children with 97+% attendance each term participate in an after school reward, such as a cinema visit or bowling.
Areas of Responsibility
Pupils throughout the school are offered opportunities to take responsibility, to show initiative and to extend their social and cultural experiences. These roles include:
School Council Representatives
Active Play Leaders
At Nawton and Rosedale Abbey CP Schools Federation we believe that in order to implement a policy of behaviour management effectively, it is essential that there is an ethos of mutual respect. Everyone has the right to their own opinion and to express that opinion but consideration must be given to how and when that opinion is expressed to show sensitivity and regard for others. Children need to be encouraged to do this by being reminded and prompted, by discussion in circle time, by role play and by good role modelling. Respect needs to be
apparent between adults, between children and adults and between children. In this way every member of the school is valued and feels valued.
- Parents – On entry to school, and renewed at the start of each phase, a child’s parents are asked to sign a Home-School Agreement that outlines the responsibilities of the parent and school with regards to behaviour and attendance. Parents have a clear role in making sure that their child is well behaved at school.
- Staff -Treat all children equally, irrespective of gender, sexuality, race, religion or disability. Are alert to signs of bulling and racial harassment and deal firmly with it in line with school policy. Model the type of behaviour felt to be acceptable. Play an active part in building a sense of community. Deal sensitively with children in distress. Support each other in maintaining good classroom management and be sensitive to each others needs. Apply the agreed standards of behaviour consistently.
- Children – Should treat others, as they would like to be treated, ie with tolerance and respect for other’s views and rights. Should accept responsibility for their own choices and actions. Should dress appropriately in
the agreed school uniform. Respond appropriately and immediately to any reasonable request or instruction made to them by any adult in school.
Any words or actions that cause offence to another person and are considered racist by the offended person will be deemed as a racist remark. In this case;
- The pupil will be reprimanded, the Headteacher is informed and a record of the incident is kept.
- The LA, governors and parents are informed.
- In persistent cases, parents may be asked to discuss the matter with the head teacher and a referral made to police in line with the school Equality Policy.
Allegations of Abuse Against Staff
All allegations of abuse will be taken seriously; the Chair of the Governing Body will be informed and the allegation will be fully investigated as soon as possible in a fair and consistent way that provides effective protection for the child and supports the person who is the subject of the allegation.
The Headteacher (or Senior Teacher in the Headteacher’s absence) will decide whether to exclude a pupil, for a fixed term or permanently, taking into account all the circumstances, the evidence available and the need to balance the interests of the pupil against those of the whole school community and in accordance with the Redcar and Cleveland Guidelines.
The Headteacher may consider the following questions:
Is the behaviour in breach of the school Behaviour Policy? If so, have any
other sanctions described in the policy been used and to what effect? Could
any other sanctions be used as an alternative with the parents’ agreement?
Has the school previously supported the child (what/when/what level of
impact did this have?
Does the child have any recognised behaviour problems? Have reasonable
adjustments already been made or could they now be made? (Evidence
could be SEN documentation eg Statement, IEP, Risk Assessments) Even if
the child does have a recognised behaviour problem the Headteacher has a
duty of care to all children. If the risk to others cannot be controlled, then
exclusion should be considered.
Would allowing the child to remain in school seriously harm the education or
welfare of other children or adults?
Once all other considerations have been made, and the answer to this final
question is ‘yes’ then an exclusion must be applied. In this case, the school
will follow Local Authority guidelines.
Monitoring and Evaluation of the Behaviour Change Policy
Behaviour Change will be monitored half termly by all staff and will form part of our annual monitoring cycle that informs the SEF and School Improvement Plan.
Monitoring and evaluation Behaviour Change enable us to:
- Find out about standards of behaviour
- Identify strengths and areas for development
- Identify areas for development and take appropriate action
- Ensure consistency in approach and sanctions
- Provide appropriate support and resources
- Ensure the needs of all groups or children are addressed
- Share good practice
The Headteacher monitors:
- Incidents recorded in the Behaviour Change Files
- Keeps up to date with latest initiatives, research and resources and communicate these to staff
- Attends relevant CPD
- Prepares, organises and delivers appropriate CPD
The SEND Co-ordinator monitors:
- Individual IEPS and Provision Maps
- The Effectiveness of Intervention Programmes/ Intervention
- Record incidents in the Behaviour Change Files
- Plan learning that is in response to individual needs
- Plan for effective Intervention Programmes
- Complete Individual IEPS and Provision Maps
Review and Evaluation of the Policy
The policy will be reviewed annually, to ensure it is kept in line with any legislation changes that take place within the school or externally and in response to evaluations carried out by the Headteacher and SEND Coordinator.