Stone Soup Academy Behaviour Policy Behaviour Policy Issue: 3 Page 1 of 35 Created: 24/4/12 Updated: 25/7/12 Created by: MSW/CB Updated by: MSW Updated by: CM Updated: 03/09/13 1 Contents Stone Soup Academy .............................................................................................................................................. 1 Behaviour Policy ..................................................................................................................................................... 1 Foreword....................................................................................................................4 What does the new guidance cover? ...................................................................................4 Availability of the Behaviour Policy.....................................................................................5 1 .............................................................................................. Introduction and Principles 5 Reinforcing and Rewarding the Positive ......................................................................................................... 6 Responding to Challenging Behaviour ‘The 5 Step’ rule................................................................................. 6 2 ...................................................................................................... The Policy in Practice 7 Class Dojo System ............................................................................................ Error! Bookmark not defined. Responding to Challenging Behaviour in Class ............................................................................................... 7 Calling for Assistance ...................................................................................................................................... 8 Recording information .................................................................................................................................... 9 Support for Students - Contact with Home .................................................................................................... 9 3 ................................................................................................... Other Behaviour Issues 9 4 ......................................................................................................... Personal Property 9 5 .............................................................................. Some Key Points to Help with Behaviour 9 6 ..................................................................................... Monitoring, evaluation and review 10 Appendix 1 ...............................................................................................................11 ENSURING GOOD BEHAVIOUR IN ACADEMYS .............................................................................................. 11 Appendix 2 ...............................................................................................................14 BEHAVIOUR AND DISCIPLINE IN ACADEMYS ................................................................................................ 14 Guidance for Principals and academy staff (consultation document 2011) ................................................ 14 Appendix 3 Behaviour Policy ...............................................................................................................18 Issue: 3 Page 2 of 35 Created: 24/4/12 Updated: 25/7/12 Created by: MSW/CB Updated by: MSW Updated by: CM Updated: 03/09/13 2 STONE SOUP ACADEMY – POSITIVE HANDLING POLICY............................................................................... 18 Appendix 4 – Physical Intervention Form ............................................................................ 24 Behaviour Policy Issue: 3 Page 3 of 35 Created: 24/4/12 Updated: 25/7/12 Created by: MSW/CB Updated by: MSW Updated by: CM Updated: 03/09/13 3 Foreword The education white paper The Importance of Teaching, published in 2010, set out the government's plans for the future of education and included many proposals for managing behaviour. It follows that easily accessible guidance for academies must be available to reflect changes to existing legislation and best practice. What does the new guidance cover? The government has published the following five separate pieces of guidance, each of which covers different issues related to pupil behaviour. Ensuring good behaviour in academies - Advice for Principals, governing bodies, teachers, parents and pupils on good behaviour in academies (29th July 2011) Screening, searching and confiscation - Advice on academies’ powers to screen and search pupils (31st August 2011) Guide for heads and academy staff on behaviour and discipline - A guide for Principals and academy staff on developing a academy behaviour policy and the powers members of staff have to discipline pupils (23rd August 2011) Guidance for Governing bodies on behaviour and discipline - This statutory guidance explains why maintained academys must have a behaviour policy, what it must cover and the role of the governing body and Principals in shaping their academy’s behaviour policy (23rd August 2011) Use of reasonable force -This is non-statutory advice to clarify the use of force in academies for governing bodies, Principals and academy staff (23rd August 2011) Copies of all this advice and guidance can be found at the following web address; http://www.education.gov.uk/academys/pupilsupport/behaviour/behaviourpolicies However, in addition to this guidance, Use of Reasonable Force addresses allegations in a use of force context. Use of Reasonable Force states that if a pupil complains about force used by a member of staff, the burden of proof rests with the complainant to show that the staff member acted unreasonably. Staff should therefore no longer be suspended on a pupil's word. The guidance warns that academies should not automatically suspend teachers accused of using force. These points reflect the government's drive to support teachers in enforcing discipline. The behaviour guidance also prescribes elsewhere that academy behaviour policies should set out the disciplinary action that will be taken against pupils who have made malicious allegations against staff. Certain staff members, including Principals, have an existing statutory power to search pupils without consent if they suspect pupils of having ‘prohibited items'. These currently include knives and alcohol, but ministers intend to bring into force regulations that include mobile phones and cigarettes as ‘prohibited items'. Appendices 1 and 2 contain the main points of the proposed changes to behaviour guidance. Behaviour Policy Issue: 3 Page 4 of 35 Created: 24/4/12 Updated: 25/7/12 Created by: MSW/CB Updated by: MSW Updated by: CM Updated: 03/09/13 4 Availability of the Behaviour Policy This policy is available on request to pupils, the parents of pupils and prospective pupils of the academy. While pupils may, themselves, raise concerns and complaints under this policy and procedure, the academy will involve parents should this occur. Copies are available from the following; The Principal Stone Soup Academy 14 High Pavement , Nottingham, NG1 1HN. Tel: 0115 822 1834 A copy of the academy policy is available on the academy website 1 Introduction and Principles Stone Soup recognise that the best way of achieving positive behaviour from their students is by keeping students busy, engaged and interested. The Stone Soup Academy Behaviour Policy is central to our aim of creating a purposeful working atmosphere for staff and students. It rests on the following principles: Positive behaviour is fundamental to successful learning, but it extends further than the workroom. We see ‘behavioural literacy’ as a key skill that is as important as reading or writing If we want students to behave well, we need to create a positive, caring and fair environment to teach, model and manage the behaviours we want Behaviour is therefore the responsibility of all delivery and non-delivery staff Positive reinforcement – recognising and rewarding student’s good behaviours – is more effective than sanctions and punishments Our Behaviour Policy is therefore a positive, rewards-based system, with regular opportunities to recognise and celebrate success We also want to make clear which behaviours we consider unacceptable, and therefore lead to sanctions The policy makes a distinction between low level disruption and challenging, offensive behaviour that we label as ‘anti-social’ Just as there are some students who will find some subjects harder than others, so there are some students who will find learning and displaying positive behaviour more difficult All staff who work at the Academy will need to try and understand the causes of poor behaviour as well as respond to the behaviours themselves Some students may exhibit persistent, challenging behaviours and do not respond to some mainstream education systems approach to managing behaviour (e.g. exclusion, detention). Serious behavioural issues like these will take time to resolve. We will provide support and guidance for tutors through Continual Professional Development (CPD) and alternative provision/support as appropriate for our students However, all students need to learn that actions carry consequences, and they therefore have a choice how to behave. Their choices can lead to rewards or sanctions Regular, ongoing training is part of the Stone Soup Academy’s (SSA) responsibility to support staff and we have a training programme which includes workroom management, working with dyslexic students and de-escalation strategies Behaviour Policy Issue: 3 Page 5 of 35 Created: 24/4/12 Updated: 25/7/12 Created by: MSW/CB Updated by: MSW Updated by: CM Updated: 03/09/13 5 We will know this policy is successful if we can demonstrate: An ethos of respect and tolerance for all Positive encouragement, praise and recognition for good behaviour and effort Support for Academy staff through CPD (e.g. Class/workroom management) Appropriate support systems for students with emotional, social and behavioural needs (video reflections, ‘time out’ spaces, counselling, mentoring, 1-1 tutorials, Class Dojo points and percentages) Rules which are clear and define the limits of acceptable and non-acceptable behaviours A range of consequences and rewards which aim to respond to and diminish, behavioural problems That students understand appropriate behaviours for different situations Referrers, parents and families are confident that the SSA offers consistency, safety and structure A positive image of SSA in the local community Reinforcing and Rewarding the Positive Every member of staff should aim to praise in every session at least three times more frequently than they reprimand Weekly meetings and tutorials can be used to reward students who have met individual and/or group targets or have shown themselves to have excelled or made improvements in behaviour Class dojo points and weekly percentages highlight students who have shown positive behaviour or achieved certificates Tutors/Key workers use daily running records to note positive, helpful behaviour as well as challenging behaviour Students earn a financial incentive, based on the amount of points they accumulate,. This incentive is based around preparing them for work, to understand that they have to ‘earn their way’ to allow them avenues to show social care and for them to communicate with the Engagement Team through repeat and clear communications, which prepare them for the working world. Responding to Challenging Behaviour ‘The 5 Step’ rule The response to low-level disruption (verbal abuse, deliberate, persistent disruption) is controlled by the teaching staff by using the ‘The 5 step’ rule (see below), teaching staff are responsible for the first three steps, the later two are enacted and enforced by the engagement team and SMT. Behaviours such as physical violence or deliberate vandalism lead to removal from SSA for the day, attending a re-integration meeting with the parent/carer, referrer and either one of the Engagement Team or the Principal In exceptional circumstances, although very rare, exclusion from a programme will be considered All incidents involving situations where a student, tutor or member of the public has been at risk of harm should be noted on an Incident Report Form and referred to in running records. This matter should also be brought to the attention of the Principal who will decide if the matter requires reporting to the Governing Body. Behaviour Policy Issue: 3 Page 6 of 35 Created: 24/4/12 Updated: 25/7/12 Created by: MSW/CB Updated by: MSW Updated by: CM Updated: 03/09/13 6 2 The Policy in Practice Two Ways of Rewarding Good Behaviour in Sessions 1. Descriptive Praise (All students) Saying ‘thank you for [picking up your rubbish] it [helps to keep the class tidy]’ and ‘well done for [the task] it [positive description]’ keeps the focus on what the positive behaviour is, why it’s positive and re-inforces expectations, building the students’ self esteem. Using the list of refrains for positive praise that is in the shared drive, attached to lesson outlines and plans, will allow staff to have a uniform response across the building as well as offering individual praise where merited. 2. Reward Points *Reward points are awarded specifically to students for being polite, excellent work, hard work, being helpful, helping others, being on task, being on time, participating fully, being persistent, demonstrating team work and tidying the school. Students are given up to 6 reward points in each lesson and 10 points for being at school before 9.15am. Additional points can be given for exemplary work or behaviour that occurs outside of lessons. The points are tallied up daily and if there are no warnings earned by the student they are inline for a financial incentive for the day. The financial incentive is dictated by the amount of points a student earns. Over 20 points earns £3, over 25 earns £4, over 30 earns £5. The financial incentive is stored with the school in order for the student to accumulate an amount that allows them a measure of independence later on, such as being able to pay for driving lessons, earning rent for later life and other such instances. The points that the students earn are also tallied to encourage best behaviour to access enrichment activities at the end of term. Class Dojo Comments All positive behaviour that is worth commenting on should be written down in the Class Dojo comments section which is accessible online and access is provided to all teaching and delivery staff. Responding to Challenging Behaviour in Class (5 step rule) The sanctions system is a series of steps. At each step, remind the students that they have a choice. It is also the delivery staff’s decision to know when to implement this formal system: A Reminder - Remind the student of the Code of Conduct or Behaviour Code, (depending on the programme) and that they have a choice to be in the school and abide by rules and that their current behaviour is not conforming to that agreement. Negative points - The Class Dojo negative points should be given, to give an audible deterrent and remind them of the wider impact the behaviour has as it will effect the students chances of earning and potential trip / activity participation. Behaviour Policy Issue: 3 Page 7 of 35 Created: 24/4/12 Updated: 25/7/12 Created by: MSW/CB Updated by: MSW Updated by: CM Updated: 03/09/13 7 A Warning - If the reminder and negative points do not work, remove the student from the session through the use of the engagement team. They are sent a warning notice from the tutor and will come to analyse the situation and remove the student in a safe and clear method. One out of the class the engagement team manager will ask the student to analyse the effect of their actions (e.g. what do you think will happen if you do knock him out?”) Isolation - If the reminder and warnings don’t work, tell the student s/he is being sent to an internal ‘Isolation’ facility under supervision. If parents can be contacted then on occasions the student (with agreement by all parties) may be sent home for the session/day, and they will be back in tomorrow. It is important that the student is aware it is not an insurmountable negative but they need to think about their actions and reflect on whether they can curb their actions in order to reengage with their education goals . It is always useful to offer some discussion time outside of the session with a student who is displaying challenging behaviour; however if staff are alone with a student and if a colleague is not available to attend the discussion, tutors must remain visible to other staff or CCTV cameras. Calling for Assistance If the student is still being disruptive, or if s/he is very abusive and there is a high possibility that the student, tutor or others may be harmed, an Engagement Team member or other colleague should be called to assist. (N.B. This policy should be read in line with Positive Handling Policy – see Appendix 3 at the end of this document and the Physical Intervention Form (if necessary) – See Appendix 4)) The decision to return the student to the same session should be carefully considered between the tutor and the Engagement Team. It is the student’s responsibility to be in class, learning, and it is the delivery staff’s responsibility to assist them to achieve this. If staff are aware that a student is causing serious disruption which is interfering with the work of other students, preventing the session from taking place or is behaving in a way which is likely to lead to a major confrontation, then the standard practice is to remove them from the teaching/activity area. Staff should not send a student out of the room to wander around the building. The Engagement Team should be made aware and track the student on camera and inform the relevant stakeholders if a student leaves site. Behaviour Policy Issue: 3 Page 8 of 35 Created: 24/4/12 Updated: 25/7/12 Created by: MSW/CB Updated by: MSW Updated by: CM Updated: 03/09/13 8 Recording information If staff witness any negative or challenging behaviour which needs comment, it should be written down, giving the student’s name and a brief description of the behaviour in an incident report form. For more serious incidents, an incident report should be completed at the earliest possible time, using notes and discussion with staff involved. All information and recordings should be passed to the Engagement Team. The outcome of the incident will be fedback to tutors through team briefings. Support for Students - Contact with Home Where tutors are concerned about behaviour, the Principal, Engagement Team Manager may schedule a meeting with the parent/guardian. Working in partnership with home is our most effective way of monitoring behaviour. Most parents are supportive and understand we are acting in the student’s best interest. However, we also recognise the need for sensitivity in these conversations as some home situations may be particularly difficult at times. Therefore, we discourage individual members of staff from calling home directly, and contact with home should not be made without first speaking with the Principal or Engagement Team Manager. No phone calls should be made using personal phones. 3 Other Behaviour Issues 4 Lateness - This is covered by the Attendance policy Smoking - This is covered by the Smoke free policy and the Code of Conduct Graffiti - Students found writing graffiti will be asked to remove it Litter - Staff should use every opportunity to reinforce to students the unacceptability of litter around the centres and when using the company vehicles. Any student caught dropping litter or eating outside designated areas will be asked to pick it up and be reminded of the Code of Conduct. If the behaviour persists, staff should refer to the consequence system (e.g. ‘3 strikes’) Personal Property Expensive items e.g. MP3 players or hand-held computer games are not to be brought to the site. Students who ignore this rule are fully responsible for any loss or damage to their property. All students must hand in their mobile phones once they enter the Stone Soup Academy for safe keeping in their lockers. Students are not allowed to have their phones with them during the school day, on site, failure to hand in their phone will result in weekly earnings to be wiped. 5 Some Key Points to Help with Behaviour When faced with misbehaviour, try not to take it personally Understanding that students need to learn appropriate behaviours means accepting they will not all behave well all of the time A key skill is separating the behaviour from the person Behaviour Policy Issue: 3 Page 9 of 35 Created: 24/4/12 Updated: 25/7/12 Created by: MSW/CB Updated by: MSW Updated by: CM Updated: 03/09/13 9 6 Avoid confrontation. Young people will often try to draw you into confrontation, particularly if this is the kind of behaviour they are used to Avoid sarcasm Once a punishment has been completed, it’s important not to keep referring back to it. Our basic message is, if you don’t get it right today, there is always another chance tomorrow Students will expect you to use the system and respond to consistency, so please make sure you do use it, for both positive and challenging behaviours Ask for help and support whenever you feel you need it Monitoring, evaluation and review The governing body will review this policy at least every two years and whenever there is a change in legislation or guidance, and assess its implementation and effectiveness. The policy will be promoted and implemented throughout the academy. Adopted by the governing body: .............................................................. Principal: .............................................................. Review Date: .............................................................. Behaviour Policy Issue: 3 Page 10 of 35 Created: 24/4/12 Updated: 25/7/12 Created by: MSW/CB Updated by: MSW Updated by: CM Updated: 03/09/13 10 Appendix 1 ENSURING GOOD BEHAVIOUR IN ACADEMYS A DfE summary for Principals, governing bodies, teachers, parents and pupils Introduction The role of the government is to give academy’s the powers they need to provide a safe and structured environment in which teachers can teach and children can learn. The government expects the following All pupils to show respect and courtesy towards teachers and other staff, and towards each other Parents to encourage their children to show that respect, and to support the academy’s authority to discipline its pupils Principals to help to create that culture of respect by supporting their staff's authority to discipline pupils and ensuring that this happens consistently across the academy Governing bodies and Principals to deal with allegations against teachers and other academy staff quickly, fairly and consistently in a way that protects the pupil and at the same time supports the person who is the subject of the allegation That every teacher will be good at managing and improving children’s behaviour This document summarises the legal powers and duties that govern behaviour and attendance in academy and explains how they apply to teachers, governing bodies, pupils and parents. The behaviour policy Every academy must have a behaviour policy. The Governing Body is responsible for setting general principles that inform the behaviour policy. The Governing body must consult the Principal, academy staff, parents and pupils when developing these principles. Principals are responsible for developing the behaviour policy in the context of this framework. They must decide the standard of behaviour expected of pupils at the academy and how that standard will be achieved, the academy rules, any disciplinary penalties for breaking the rules and rewards for good behaviour. The behaviour policy must include measures to prevent all forms of bullying among pupils. Principals must publicise the academy behaviour policy, in writing, to staff, parents and pupils at least once a year. Powers to discipline Teachers, teaching assistants and other paid staff with responsibility for pupils have the power to discipline pupils whose behaviour is unacceptable, who break the academy rules or who fail to follow a reasonable instruction. Their power to discipline applies to pupil behaviour in academy and outside academy, in certain circumstances. Behaviour Policy Issue: 3 Page 11 of 35 Created: 24/4/12 Updated: 25/7/12 Created by: MSW/CB Updated by: MSW Updated by: CM Updated: 03/09/13 11 Punishment Teachers, teaching assistants and other paid staff with responsibility for pupils can impose any reasonable disciplinary penalty in response to poor behaviour. Reasonable penalties can include: confiscation, retention or disposal of a pupil’s property; and detention. Principals can also decide to suspend or permanently exclude a pupil. Searching pupils Academy staff can search pupils with their consent for any item that is banned by the academy rules. Principals and staff authorised by the Principal have the power to search pupils or their possessions, without consent, where they suspect the pupil has weapons, alcohol, illegal drugs or stolen items. Use of reasonable force All academy staff members have the power to use reasonable force to prevent pupils committing an offence, injuring themselves or others, or damaging property, and to maintain good order and discipline in the classroom. Allegations of abuse against staff Allegations of abuse must be taken seriously, but academys should ensure they deal with allegations quickly in a fair and consistent way that provides effective protection for the child and supports the person who is the subject of the allegation. Every effort must be made to maintain confidentiality and guard against unwanted publicity while an allegation is being investigated. Suspension must not be used as an automatic response when an allegation has been reported. The academy’s behaviour policy should set out the disciplinary action that will be taken against pupils who are found to have made malicious accusations against academy staff. Exclusion The Principal decides 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 academy community. Depending on the type of exclusion, in most cases parents have the right to make representations to the Governing Body (or discipline committee). In all cases of permanent exclusion, parents have the additional right to appeal to an independent appeal panel. Academies are under a duty to provide suitable full-time education for the excluded pupil from the sixth academy day of any fixed period exclusion of more than five consecutive academy days. Parents Academies are required to have, and to ask parents to sign, a Home Academy Agreement that outlines the responsibilities of the parent and the academy, including those around behaviour and attendance. Behaviour Policy Issue: 3 Page 12 of 35 Created: 24/4/12 Updated: 25/7/12 Created by: MSW/CB Updated by: MSW Updated by: CM Updated: 03/09/13 12 Parents are under a legal duty to ensure that their child (aged 5-16) receives a suitable full-time education, either at a academy or by making other suitable arrangements. Where a child is not a registered pupil and other suitable arrangements are not made, the parent may receive a academy attendance order from the local authority requiring them to register their child at a academy. For academy registered pupils, parents must ensure that their child attends punctually and regularly. If they do not, the academy or local authority may ask them to sign a parenting contract or may issue a £50 penalty. The local authority may also prosecute a parent who fails to ensure their child’s regular academy attendance or apply to the courts for an education supervision order in respect of the pupil them self. Parents have a clear role in making sure their child is well-behaved at academy. If they do not, the academy or local authority may ask them to sign a parenting contract or may apply for a court imposed parenting order. Parents must take responsibility for their child, if excluded, and ensure that they are not in a public place without good reason during academy hours within the first five academy days of any exclusion. If they do not, the academy or local authority may issue a £50 penalty. Parents must also ensure that their child attends the suitable full-time education provided by the local authority from the sixth day of exclusion. Behaviour Policy Issue: 3 Page 13 of 35 Created: 24/4/12 Updated: 25/7/12 Created by: MSW/CB Updated by: MSW Updated by: CM Updated: 03/09/13 13 Appendix 2 BEHAVIOUR AND DISCIPLINE IN ACADEMYS Guidance for Principals and academy staff (consultation document 2011) About this guidance This guidance is from the Department for Education. It provides advice for Principals and academy staff on developing the academy behaviour policy and explains the powers members of staff have to discipline pupils. We use the term ‘must’ when the person in question is legally required to do something and ‘should’ when advice is being offered. The purpose of the document is to provide an overview of the powers and duties for academy staff so that they can develop their own best practice for managing behaviour in their academy. This guidance replaces the ‘Academy discipline and pupil behaviour policies – guidance for academies’. The academy behaviour policy The law says the following The Principal must set out measures in the behaviour policy which aim to do the following promote good behaviour, self-discipline and respect prevent bullying ensure that pupils complete assigned work regulate the conduct of pupils1 When deciding what these measures should be, the Principal must take account of the governing body’s statement of behaviour principles. The Principal 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, the power to discipline beyond the academy gate and pastoral care for academy staff The Principal must decide the standard of behaviour expected of pupils at the academy. They must also determine the academy 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 academy or in the charge of a member of staff The Principal must publicise the academy behaviour policy, in writing, to staff, parents and pupils at least once a year The standard of behaviour expected of all pupils must be included in the academy’s home-academy agreement,2 which parents must be asked to sign following their child’s admission to a academy. Further advice on home-academy agreements is available 1 Section 89(1) (a-e) of the Education and Inspections Act 2006 Sections 110 and 111 of the School Standards and Framework Act 1998 Page 14 of 35 Created: 24/4/12 Behaviour Policy Issue: 3 2 Updated: 25/7/12 Created by: MSW/CB Updated by: MSW Updated by: CM Updated: 03/09/13 14 Developing the behaviour policy It is vital that the behaviour policy is clear, that it is well understood by staff, parents and pupils, and that it is consistently applied. In developing the behaviour policies, the Principal should reflect on the following ten key aspects of academy practice that, when effective, contribute to improving the quality of pupil behaviour3 a consistent approach to behaviour management strong academy leadership classroom management rewards and sanctions behaviour strategies and the teaching of good behaviour staff development and support pupil support systems liaison with parents and other agencies managing pupil transition organisation and facilities. The academy’s behaviour policy should set out the disciplinary action that will be taken against pupils who are found to have made malicious accusations against academy staff Discipline in academies: Teachers’ powers Key points Teachers have statutory authority to discipline pupils whose behaviour is unacceptable, who break the academy 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 Principal says otherwise) with responsibility for pupils, such as teaching assistants. Teachers can discipline pupils at any time the pupil is in academy or elsewhere under the charge of a teacher, including on academy visits. Teachers can also discipline pupils for misbehaviour outside academy. Teachers have a specific legal power to impose detention outside academy hours. Teachers can confiscate pupils’ property. Punishing poor behaviour The law allows the following 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 academy 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 Learning Behavior – the Report of the Practitioners’ Group on School Behaviour and Discipline (2005) Page 15 of 35 Created: 24/4/12 Behaviour Policy Issue: 3 Created by: MSW/CB Updated by: MSW Updated: 25/7/12 Updated by: CM 3 Updated: 03/09/13 15 the decision to punish a pupil must be made by a paid member of academy staff or a member of staff authorised by the Principal the decision to punish the pupil and the punishment itself must be made on the academy 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 reasonable. In determining whether a punishment is reasonable, Section 91 of the Education and Inspections Act 2006 says the penalty must be proportionate in 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 Principal may limit the power to apply particular punishments to certain staff and/or extend the power to discipline to adult volunteers, for example to parents who have volunteered to help on a academy trip Corporal punishment is illegal in all circumstances Academies should consider whether the behaviour under review gives cause to suspect that a child is suffering, or is likely to suffer, significant harm. Where this may be the case, academy staff should follow the academys’ safeguarding policy Pupils’ conduct outside the academy gates: Teachers’ powers The law allows the following Teachers have a statutory power to discipline pupils for misbehaving outside of the academy premises. Section 89(5) of the Education and Inspections Act 2006 gives Principals a specific statutory power to regulate pupils’ behaviour in these circumstances ‘to such extent as is reasonable’ The academy’s behaviour policy should set out what the academy will do in response to all non-criminal bad behaviour and bullying, which occurs anywhere off the academy premises and which is witnessed by a staff member or reported to the academy, including the punishments that will be imposed on pupils Subject to the academy’s behaviour policy, the teacher may discipline a pupil for the following any misbehaviour when the child is doing any one of the following o taking part in any academy organised or academy related activity o travelling to or from academy o wearing academy uniform o in some other way identifiable as a pupil at the academy or misbehaviour at any time, whether or not the conditions above apply, that is as follows o could have repercussions for the orderly running of the academy o poses a threat to another pupil or member of the public o could adversely affect the reputation of the academy Behaviour Policy Issue: 3 Page 16 of 35 Created: 24/4/12 Updated: 25/7/12 Created by: MSW/CB Updated by: MSW Updated by: CM Updated: 03/09/13 16 Detention The law allows the following Teachers have a legal power to put pupils (aged under 18) in detention Academies must make clear to pupils and parents that they use detention (including detention outside of academy hours) as a sanction. Where detention is outside academy hours, they must give parents 24 hours of notice, in writing.4 They do not have to give 24 hours’ notice for a lunchtime detention The times outside normal academy hours when detention can be given (the ‘permitted day of detention’) include the following any academy day where the pupil does not have permission to be absent weekends - except the weekend preceding or following the half-term break non-teaching days – usually referred to as ‘training days’, ‘INSET days’ or ‘non-contact days’ The Principal can decide which members of staff can put pupils in detention. For example, they can limit the power to heads of year or heads of department, only or they can decide that all members of staff, including support staff, can impose detentions Matters academys should consider when imposing detentions Parental consent is not required for detentions. The academy must act reasonably when imposing a detention, as with any disciplinary penalty. In addition, when deciding the timing, the teacher should consider whether suitable travel arrangements can be made by the parent for the pupil. It does not matter if making these arrangements is inconvenient. With lunchtime detentions, academies should allow reasonable time for the pupil to eat, drink and use the toilet. Confiscation of inappropriate items The law allows the following The following are the two sets of legal provisions that enable academy staff to confiscate items from pupils the general power to discipline (as described in the bullets above) 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 academy behaviour policy may set this out power to search without consent for weapons, knives, alcohol, illegal drugs and stolen items (‘prohibited items’)5. The legislation sets out what must be done with prohibited 4 A clause in the education bill currently before parliament proposes to remove the requirement in England to give parents 24 hours notice of a detention. If parliament approves the change, we will update this guidance accordingly 5 The government announced their intention to make regulations to add pornography, fireworks, cigarettes and other tobacco products to the list of prohibited items. Page 17 of 35 Created: 24/4/12 Behaviour Policy Issue: 3 Created by: MSW/CB Updated by: MSW Updated: 25/7/12 Updated by: CM Updated: 03/09/13 17 items found as a result of a search and this is described in more detail in separate guidance in ‘Screening, Searching and Confiscation – guidance for academy leaders, staff and governing bodies’. Weapons and knives must always be handed over to the police; otherwise, it is for the teacher to decide when and if to return a confiscated item More detailed advice on confiscation is provided in ‘Screening, Searching and Confiscation – guidance for academy leaders, staff and governing bodies’ Power to use reasonable force The legal provisions on academy 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. Separate advice is available in ‘Use of Reasonable Force – guidance for academy leaders, staff and governing bodies’. Appendix 3 STONE SOUP ACADEMY – POSITIVE HANDLING POLICY 1.0 Introduction 1.0 This policy is based upon Govt. Advice above on Use of Force – See Appendices 1 and 2) 1.1 Stone Soup recognises that there is a need, reflected in common law, to intervene when there is an obvious risk to safety to its students, staff and property. 1.2 Stone Soup is committed to ensuring that all staff and adults with responsibility for young people’s safety and welfare will deal professionally with all incidents involving aggressive or reckless behaviour, and only use positive handling as a last resort in line with DfES and Stone Soup behaviour guidelines. If used at all, it will be in the context of a respectful, supportive relationship with the students. We will always aim to ensure minimal risk of injury to students and staff. 1.3 This policy must be read and implemented in conjunction with the academys Behaviour Policy (see above main policy) and approach to behaviour management, together with student’s individual learning plans. 1.4 The Education Act 1996 (Section 550A) states that it is lawful for teachers and other authorized staff to use reasonable force to prevent a student from committing an offence, causing injury or damage or disrupting the good order and discipline of the academy. Tutors at Stone Soup are not contractually obliged to carry out restraint procedures and they are not contractually obliged to undertake training in any restraint procedures. However, the Principal, Senior Managers and Engagement Team Manager at Stone Soup are trained in appropriate techniques. This policy applies to all staff who are authorized to use positive handling (see Section 7) Behaviour Policy Issue: 3 Page 18 of 35 Created: 24/4/12 Updated: 25/7/12 Created by: MSW/CB Updated by: MSW Updated by: CM Updated: 03/09/13 18 1.5 All staff authorized to positively handle students and young people must be aware that they MUST NOT: Use corporal punishment Use pain to gain compliance Deprive the person of food or drink Require the person to wear inappropriate clothes Humiliate/degrade the child or young person 2.0 Our approach to best practice 2.0 The best practice regarding positive handling outlined below should be considered alongside other relevant policies in Stone Soup, specifically those policies involving behaviour, anti-bullying, child protection and health and safety. 2.1 In line with Education Act 1996 (Section 550A) in the following situations, staff must judge whether or not positive handling would be reasonable or appropriate: Risk to the safety of staff, students or visitors, or Where there is a risk of serious damage to property, or Where a student’s behaviour is seriously prejudicial to good order and discipline, or Where a student is committing a criminal offence This judgement will take into account the circumstances of the incident. All staff should be aware that the use of positive handling in response to a clear or developing danger of injury will always be used to manage behaviour positively to prevent a deterioration of the situation 2.2 Staff will view positive handling of students as a last resort for the purposes of maintaining a safe environment. If students are behaving disruptively or anti-socially, every strategy to de-escalate the situation will be used to manage behaviour positively to prevent a deterioration of the situation. 2.3 Staff will understand the importance of listening to and respecting young people to create an environment that is calm and supportive, especially when dealing with students who may have emotional and behavioural needs, which may increase their aggression. 2.4 All staff will understand the importance of responding to the feelings of the young person, which lie beneath the behaviour as well as to the behaviour itself. 3.0 Practice regarding specific incidents: 3.0 All policies and practice regarding the supervision of students at Stone Soup will be appropriate to the identified needs and behaviours of the students, this combined with Stone Soup’s approach to behaviour should minimize the likelihood of requiring positive handling to an absolute minimum 3.2 The physical action taken will take into consideration the age and competence of the young person and will be the least detrimental alternative Behaviour Policy Issue: 3 Page 19 of 35 Created: 24/4/12 Updated: 25/7/12 Created by: MSW/CB Updated by: MSW Updated by: CM Updated: 03/09/13 19 3.1 Staff intervening with young people will seek assistance from other members of staff as early as possible, since single-handed intervention increases the risk of injury to both parties and does not provide a witness. 3.2 A member of staff recognizing that a situation is escalating to a point demanding positive handling yet feeling unable to carry this out must, as part of their duty of care, clearly tell the student(s) to stop the behaviour and seek help by any means available, also be clear about strategies to deescalate the situation. 3.3 Staff who become aware that another member of staff is intervening physically with a student will have a responsibility to provide a presence and to offer support and assistance should this be required. 3.4 Where possible, staff who have not been involved in the initial confrontation leading up to an incident may be in a better position to intervene or restrain the student if this proves necessary 3.5 A student’s behaviour may be adversely affected by the presence of an audience. Wherever possible, the audience will be removed, or if this is not possible, the student and member(s) of staff will withdraw to a quiet but not completely private, place (eg two members of staff should be present or a door left open so that others are aware of the situation. 3.6 Staff will be aware of the need to tell the student being restrained, in a calm and gentle manner, that the reason for the intervention is to keep the student and others safe. Staff will explain that as soon as the student calms down, she/he will be released. 3.7 The force used will be commensurate with the risk presented. 3.8 All staff are aware that we operate a back-up system to enable staff to call for help in emergencies (eg a member of staff will contact the Engagement Team Manager or Principal either by telephone or by sending a student). 4.0 Positive Handling 4.0 Examples of situations where positive handling may be appropriate include: 4.1 Student attacks member of staff or another student Students are fighting Students are engaging in, or on the verge of, committing deliberate damage or vandalism to property Student is causing, or at risk of causing injury or damage by accident, by rough play, or by misuse of dangerous materials or objects The following approaches are regarded as reasonable in appropriate circumstances: Holding for security and to reduce anxiety where there is potential risk, even if the student is not yet out of control. This is best used when the student is anxious or confused. Its purpose is to defuse or prevent escalation. Staff should take care that their actions should in no way be capable of being interpreted by the student as aggression Behaviour Policy Issue: 3 Page 20 of 35 Created: 24/4/12 Updated: 25/7/12 Created by: MSW/CB Updated by: MSW Updated by: CM Updated: 03/09/13 20 Physically interposing between students Blocking a student’s path Pushing if restricted to situations where reasonable force is used to resist a student’s movement, rather than a forceful push that might cause the student to fall over Escorting a student by the hand or arm 5.0 Holds to be avoided 5.0 The following holds should NOT be used: 6.0 Holding a student around the neck, or by the collar, or in any other way that might restrict a student’s ability to breathe Slapping, punching or kicking a student Twisting or forcing limbs against a joint Tripping a student Holding a student by the hair or ear Holding a student face down on the ground Recording an incident 6.0 All incidents that result in non-routine interventions will be recorded in detail in an incident report – Please see Appendix 4 below). 6.1 Contemporaneous record (i.e. written within twenty four hours of the incident’s occurrence) will be made by the staff member involved in the incident. 6.2 Similarly, contemporaneous notes will also be made by any other members of Staff involved (ie as witnesses or additional providers of support). 6.3 The record will contain the following information: The name(s) and the job title(s) of the member(s) of staff who used reasonable force The name(s) of the student(s) involved When and where the incident took place Names of staff and students who witnessed the incident The reason that force was necessary Behaviour of the student which led up to the incident Any attempts to resolve and de-escalate the situation The degree of force used How it was applied How long it was used for The student’s response and the eventual outcome Details of any injuries suffered by either staff or students (if able, photograph) Details of any damage to property (if able, photograph damage) Details of any medical treatment required (the accident book will be completed, where medical treatment is needed) Details of follow-up, including contact with the parents/carers of the student(s) involved Details of follow up involvement of other agencies - police, Social Services Post incident discussion with young person Behaviour Policy Issue: 3 Page 21 of 35 Created: 24/4/12 Updated: 25/7/12 Created by: MSW/CB Updated by: MSW Updated by: CM Updated: 03/09/13 21 6.4 Student witnesses may also be asked to provide a written account if appropriate 6.5 Copy of this entry will be kept on the student’s file and retained 6.6 Stone Soup will report any injuries to students or staff in accordance with RIDDOR (HSE Regulations 1995) 6.7 Students who are identified as likely to require positive handling as part of their Behaviour management will require an Individual Behaviour Plan alongside their Individual Education Plan. This is drawn up in response to the risk posed by the student’s behaviour and is shared with all staff, parents/carers and the student if appropriate. 7.0 Debriefing Arrangements 7.0 The student and the member of staff will be checked for any sign of injury after an incident. First aid will be administered to anyone who requires it, or medical treatment obtained. 7.1 The student will be given time to become calm while staff continue to supervise Him/her. When the student regains complete composure, a senior member of staff (or her/his nominee) will discuss the incident with the student and try to ascertain the reason for its occurrence. The student will be given the opportunity to explain things from her/his point of view. All necessary steps will be taken to re-establish the relationship between the student and the member(s) of staff involved in the incident. In cases where it is not possible to speak to the student on the same day as the Incident occurred, the debrief will take place as soon as possible after the student returns to Stone Soup 7.2 All members of staff involved will be allowed a period of debrief and recovery from the incident. This may involve access to external support. A senior member of staff (or her/his nominee) will provide support to the member(s) of staff involved. 7.3 The Principal will be informed at the earliest possible opportunity of any incidents where positive handling was used. The Principal (or her/his nominee) will initiate the recording process if not already underway. (See 6.0) and review each incident to ensure that any necessary lessons are learned. 7.4 See paragraph 10.1 about informing parents. 8.0 Training Needs of Staff 8.0 In cases where it is known that a student will require positive handling on occasions, Stone Soup will ensure that appropriate training is provided. Staff involved will identify their training needs in this area. 8.1 Where Stone Soup anticipates that positive handling may be required on occasions, Stone Soup will review approach and techniques with its consultant/trainer 8.2 Staff trained in positive handling techniques need to update their training on a yearly basis and ensure that their training record is kept up to date. Behaviour Policy Issue: 3 Page 22 of 35 Created: 24/4/12 Updated: 25/7/12 Created by: MSW/CB Updated by: MSW Updated by: CM Updated: 03/09/13 22 9.0 Authorisation of staff to use positive handling 9.0 We recognize that positive handling will be seldom used and it is a last resort to maintaining a safe environment 9.1 All teaching staff are, by the nature of their roles, authorized to use positive handling as appropriate. Support staff will require specific authorization, either temporarily or permanently. The Principal can only give this authorization. Authorised staff will be notified formally. A pro forma for authorizing staff is in Appendix 3. 9.2 Best practice will be monitored. Frequent sessions to practice the use of techniques, as well as to disseminate any revised information will be included as part of the Stone Soup’s normal schedule or pastoral meetings. 9.3 These meetings will be open to all staff, including non-teaching staff, who have been authorized to use positive handling techniques 9.4 In the event of a complaint being received by Stone Soup in relation to the use of physical force by staff, the matter will be investigated in accordance with Stone Soup’s complaints procedure. 10.0 Arrangements for Informing Parents 10.1 Parents will be informed of Stone Soup’s policy regarding positive handling in the following ways: At the outset of the introduction of this policy, all parents/carers will be sent a letter outlining its introduction with information about obtaining a copy for their own information Thereafter, a section about the Stone Soup’s legal obligations to maintain a safe environment and the possible use of positive handling (as a very last resort) with students will be included in Stone Soup’s brochure All parents will be informed after a non-planned incident where positive handling is used with a young person This section represents Best Practice. Stone Soup will need to include the relevant portions of the section, which fit their own practice The Governing Body of Stone Soup Academy will be informed of the number of incidents where positive handling has been used, on an annual basis Behaviour Policy Issue: 3 Page 23 of 35 Created: 24/4/12 Updated: 25/7/12 Created by: MSW/CB Updated by: MSW Updated by: CM Updated: 03/09/13 23 Incident No:- Appendix 4 – Physical Intervention Form FOSTERING AGENCY PHYSICAL INTERVENTION INCIDENT REPORT PART 1 Child’s Name:- D.O.B:- Day of Incident:- Date of Incident:- Age:Time Incident:- of Location:Adult(s) involved:Adult(s) observing:- Details of Behaviours leading up to Physical Intervention Verbal conflict with peer Physical attack on peer Verbal conflict with adult Physical attack on adult Not stopping behaviour on repeated request Child placing self at risk of harm Child placing other child at risk of harm Child placing adult at risk of harm Attempt to abscond/absent Other, please specify (full details to be included in main body of report):- Actions Adults took prior to Intervention:- Where you have used more than one technique number the boxes in the order of the techniques you use Request to Stop Behaviour (Boundary Setting) Behaviour Policy Issue: 3 Page 24 of 35 Active Listening Created: 24/4/12 Updated: 25/7/12 Created by: MSW/CB Updated by: MSW Updated by: CM Updated: 03/09/13 24 Redirection/Diversion Directing/Directive Statement Acceptance/Interpretation Humour Offering Time Out Consequences or Punishment Past Strengths/Appeal Removal of Person/Audience Prompting/Signaling Proximity/Touch Control Planned Ignoring Rights and Responsibilities talk Other, please specify:- Reason for Intervention:- Duration of Intervention:- Harm to self Less than 30 seconds Harm to others 30 seconds to 1 minute Destruction of property Between 1 and 2 minutes Removal of person from trigger Between 2 and 5 minutes Prevention of good order in Between 5 and 10 minutes the classroom Behaviour Policy Issue: 3 Page 25 of 35 Created: 24/4/12 Updated: 25/7/12 Created by: MSW/CB Updated by: MSW Updated by: CM Updated: 03/09/13 25 Longer than 10 minutes Please specify Intention to absent Technique used:- Where you have used more than one technique number the boxes in the order of the techniques you use Phase 1 Small Person Shepherd Embrace Adapted Embrace Side Hug Cross Arm Hold Seated Cross Arm Hold (Lower Basket) (specify on floor or bench/seat) Figure of Four Cupped Fist Standing Double Embrace Safe Location to the Knees Straight Arm Leg Support used Seated Cupped Fist Scoop from Front ERT Used (see additional report) Phase 2 Was the technique effective? (Please circle) YES NO Resolution reached:- Child account taken Medical attention provided Body Map completed Life space interview/debrief Amend behaviour support strategies Risk assessments review Social Worker informed CP Coordinator informed Ofsted notified Therapy Team consulted Consultation with PMCB Trainer Behaviour Policy Page 26 of 35 Issue: 3 Created: 24/4/12 Updated: 25/7/12 Created by: MSW/CB Updated by: MSW Updated by: CM Updated: 03/09/13 26 Incident No:- PART 2 Details of Incident Events leading up to the Physical Intervention (antecedents/trigger) Give clear description of the events/behaviour leading up to the restraint. (activity/lesson) Give outline of de-escalation strategies used (identified on behaviour support plan/risk assessment). Identify any possible triggers which may have sparked a reaction. Consider the events occurring immediately prior to the event. Behaviour Policy Issue: 3 Page 27 of 35 Created: 24/4/12 Updated: 25/7/12 Created by: MSW/CB Updated by: MSW Updated by: CM Updated: 03/09/13 27 Details of Intervention (to include):- Details of “Approved Holds” that were used. Length of time each technique was used, outline any difficulties encountered and action taken to resolve this. Behaviour Policy Issue: 3 Page 28 of 35 Created: 24/4/12 Updated: 25/7/12 Created by: MSW/CB Updated by: MSW Updated by: CM Updated: 03/09/13 28 Behaviour Policy Issue: 3 Page 29 of 35 Created: 24/4/12 Updated: 25/7/12 Created by: MSW/CB Updated by: MSW Updated by: CM Updated: 03/09/13 29 Is there a need to consult with a PRICE Trainer? YES NO Do the risk assessment/behaviour support strategies need to be amended? YES NO Behaviour Policy Issue: 3 Page 30 of 35 Created: 24/4/12 Updated: 25/7/12 Created by: MSW/CB Updated by: MSW Updated by: CM Updated: 03/09/13 30 Incident No:PART 3 Outcome and Actions Details of how the incident ended. How resolution was reached. Details of discussion with child/life space interview. Has child account been completed? (Please circle) YES NO If “no”, state why Further Action to be Taken Behaviour Policy Issue: 3 Page 31 of 35 Date Actions Person Responsible Taken Created: 24/4/12 Updated: 25/7/12 Created by: MSW/CB Updated by: MSW Updated by: CM Updated: 03/09/13 31 Risk Assessment amended Behaviour Support Strategies amended Refer to Supervising Social Worker for Child Protection Ofsted notification Refer to Therapy Team for immediate consultation Consultation with Management Team Consultation with PRICE Trainer Other:- Supervising Social Worker Comments:- Behaviour Policy Issue: 3 Page 32 of 35 Created: 24/4/12 Updated: 25/7/12 Created by: MSW/CB Updated by: MSW Updated by: CM Updated: 03/09/13 32 Does practice recorded meet with organisational policy/guidelines? (Please circle) If “no” why not, what action to be taken? YES NO Does practice recorded support child’s current Care/Education Plan? (Please circle) YES NO Does practice recorded support child’s Behaviour Support Strategies/Risk Assessment? (Please YES circle) If “no” why not, what action to be taken? NO If “no” why not, what action to be taken? Signed by Supervising Social Worker:Date:Comments/Actions:- Behaviour Policy Issue: 3 Page 33 of 35 Created: 24/4/12 Updated: 25/7/12 Created by: MSW/CB Updated by: MSW Updated by: CM Updated: 03/09/13 33 Signed by Registered Manager/Head of Department:Date:- Cross Referencing Log No. Date Completed Person Responsible Day Notes Accident Book Body Map Abscond Log Complaints Log Sanctions Log Child Protection Log Date Completed Copies Sent To Person Responsible Social Worker Supervising Social Worker Therapist(s) Academy/House Parent/Guardian (if appropriate) Names of all adults involved (print name):- Signature:- Date:- ………………………………………………………. ………………..……………..………… ………….………………… ………………………………………………………. ………………………..……………….. ……………………………. ………………………………………………………. ………………………..……………….. ……………………………. Signed by:Supervising Worker Social Signed:- ……………………………………………... Date:- Name:- ……………………………………………... Registered Manager/ Behaviour Policy Issue: 3 Page 34 of 35 Created: 24/4/12 Updated: 25/7/12 Created by: MSW/CB Updated by: MSW Updated by: CM Updated: 03/09/13 34 Incident No:Head of Department Signed:- ……………………………………………... Date:- Name:- ……………………………………………... Behaviour Policy Issue: 3 Page 35 of 35 Created: 24/4/12 Updated: 25/7/12 Created by: MSW/CB Updated by: MSW Updated by: CM Updated: 03/09/13 35