EDUCATION SERVICES POLICY & PROCEDURE Status: Approved LW Review date: June 2016 Page 1 of 16
Policy Control/Monitoring Version: 1.0 Approved by: (Name/Position in Organisation) Lynn Watson Director of Education Date: Accountability: (Name/Position in Organisation) August 2015 Lynn Watson Director of Education Author of policy: (Name/Position in organisation) Lynn Watson Director of Education Date issued: August 2015 Revision Cycle: 1 Revised (Date): June 2016 Target audience: Education Services School/College Staff Amendments/additions - Replaces/supersedes: 2014 version Associated Policies: (insert hyperlinks) See Policy Associated National Guidance Status: Approved LW Review date: June 2016 Page 2 of 16
Document status This document is controlled electronically and shall be deemed an uncontrolled documented if printed. The document can only be classed as Live on the date of print. Please refer to the staff login section of the internet for the most up to date version. Equality Impact Assessment This document forms part of Percy Hedley s commitment to create a positive culture of respect for all staff and service users. The intention is to identify, remove or minimise discriminatory practice in relation to the protected characteristics (race, disability, gender, sexual orientation, age, religious or other belief, marriage and civil partnership, gender reassignment and pregnancy and maternity), as well as to promote positive practice and value the diversity of all individuals and communities. As part of its development this document and its impact on equality has been analysed and no detriment identified. Status: Approved LW Review date: June 2016 Page 3 of 16
Version Control Tracker Version Number Date Author/ Title Status Comment/Reason for Issue/Approving Body 1 August 2015 Lynn Watson Director of Ed. Roles & Responsibilities The following roles will have specific areas of responsibility for this policy:- (add/delete as appropriate) Role Responsibility Chief Executive Director of Human Resources Department Head of Service/Head of department Training Development Officer Quality Manager Health and Safety Manager Overall responsibility for Education Services Reference to Complaints, Whistle Blowing Associate Director Annual training and induction N/A Moving and Handling, NAPPI Interventions Policy Lead Nurse - Status: Approved LW Review date: June 2016 Page 4 of 16
Introduction This document outlines practice followed in education services to ensure transparent and supportive working which promotes positive behaviour and reduces the likelihood of harm to children and young people, any member of the children s/young people s workforce or the public visiting education services as a consequence of behaviour. All staff have read this guidance and follow it at all times to protect children and young people, members of the children s workforce and the public; to support each other and to provide a safe environment for all. Legislation and Guidance This policy and guidance is specific to and should be used in conjunction with: Working Together to Safeguard Children (March 2015) Keeping Children Safe in Education (2014) Behaviour and Discipline in School (2014) Getting Simple Things Right (2015) In managing the workforce or anyone out of or in connection with work practices within the context of the Health & Safety at Work Act apply. Education Act 1996 School Standards and Framework Act 1998 Education Act 2002 Education and Inspections Act 2006 School Information (England) Regulations 2008 Equality Act 2010 The Education (Independent School Standards) (England) Regulations 2010 Education Act 2011 Schools (Specification and Disposal of Articles) Regulations 2012 The Education (Independent School Standards) (England) Regulations 2012 The School Behaviour (Determination and Publicising of Measures in Academies) Regulations 2012 Within DfE guidelines teachers have power to discipline pupils for misbehavior, which occurs in school and, in some circumstances, outside of school. The power to discipline also applies to all paid staff (unless the Associate Director, Head of School says otherwise) with responsibility for pupils, such as teaching assistants. Governing bodies of maintained schools have a duty under section 175 of the Education Act 2002 which requires them to make arrangements to ensure that their functions are carried out with a view to safeguarding and promoting the welfare of Status: Approved LW Review date: June 2016 Page 5 of 16
children. As a non-maintained education service we follow statutory duties from the maintained education sector and are aware of Academies and Independent Schools guidance. Education services behaviour policy and subsequent practice aims to: Promote good behaviour, self-discipline and compliance, prevent bullying, ensure that pupils/students complete assigned work, protect vulnerable children and young people and create an environment epitomized by mutual respect and tolerance. Governors work proactively with senior staff to agree and review the following principles: Screening and searching pupils/students is tolerated if pupils/students and staff are at risk; The power to use reasonable force and other physical contact using an agreed approach(nappi); The power to discipline beyond the school gate; When to work with other local agencies to assess the needs of pupils who display continuous disruptive behaviour; Pastoral care for staff accused of misconduct. Senior staff must decide the standards of behaviour expected of pupils/students and ensure education services rules and disciplinary sanctions are consistent and individualised to pupils/students appropriately. Senior staff publicise this behaviour policy, in writing, on the website, to staff, parents and pupils at least once a year. Staff training updates are at least annual. Punishing Poor Behaviour What the law allows: Teachers/Tutors can discipline pupils/students whose conduct falls below the standard which could reasonably be expected of them. This means that if a pupil/student misbehaves, breaks a school/college rule or fails to follow a reasonable instruction the teacher can impose a punishment on that pupil/student. To be lawful, the punishment (including detentions) must satisfy the following three conditions: 1) The decision to punish a pupil/student must be made by a paid member of school/college staff or a member of staff authorised by the Associate Director, Head of School. 2) The decision to punish the pupil/student and the punishment itself must be made on the school/college premises or while the pupil/student is under the Status: Approved LW Review date: June 2016 Page 6 of 16
charge of the member of staff; and 3) It must not breach any other legislation (for example in respect of disability, special educational needs, race and other equalities and human rights) and it must be reasonable in all the circumstances. In determining whether a punishment is reasonable it should be proportionate to the misdemeanor. (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/student s age, any special educational needs or disability they may have, and any religious requirements affecting them). The Associate Director/Head of School may limit the power to apply particular punishments to certain staff and/or extend the power to discipline to adult volunteers, for example to parents who have volunteered to help on a school trip. Corporal punishment is illegal in all circumstances. Within The Percy Hedley Foundation, education service we consider whether the behaviour under review gives cause to suspect that a child/young person is suffering, or is likely to suffer, significant harm. Where this may be the case, school/college staff follow the safeguarding policy. We also consider whether continuing disruptive behaviour is the result of unmet educational /therapeutic or other needs. Power to search without consent for prohibited items including:- knives and weapons, alcohol, illegal drugs, stolen items, tobacco and cigarette papers, fireworks, pornographic images, any article that has been or is likely to be used to commit an offence, cause personal injury or damage to property; and any item banned by the school rules which has been identified in the rules as an item which may be searched for. Weapons and knives and child pornography will always be handed over to the police. More detailed advice on confiscation and what must be done with prohibited items found as a result of a search is provided in Screening, Searching and Confiscation advice for head teachers, staff and governing bodies.(dfe) Status: Approved LW Review date: June 2016 Page 7 of 16
Power to use reasonable force Members of staff have the power to use reasonable force to prevent pupils/students committing an offence, injuring themselves or others, or damaging property, and to maintain good order and discipline in the classroom. Approved methods of promoting positive behaviour Home school agreements The standard of behaviour expected of all pupils/students must be included in the school s home-school agreement or college code of conduct which parents must be asked to sign following their child s/young person s admission to school/college and/or on an annual basis. Approved methods of managing positive behaviour - Physical Intervention - NAPPI - Using and recording Physical Intervention - After the Event - Behaviour responses and outcomes - Involving the police - Isolation from main body of school - Working closely with parents in providing a consistent approach to behaviour at home and school. Physical Intervention It is sometimes necessary to intervene physically if a child/young person is in danger of hurting themselves or others, or of seriously damaging property. Positive Physical Intervention will only be used when all other efforts to avert or diffuse a situation have failed. The proper use of physical restraint requires skill and judgement as well as knowledge of non-harmful methods of intervention which can be applied in ways which protect the child/young person from harm but do not in themselves result in harm. NAPPI Status: Approved LW Review date: June 2016 Page 8 of 16
Only staff trained in NAPPI should use physical intervention and must follow the procedures outlined here for applying and recording the use of intervention. Furthermore staff will only engage in positive physical intervention when there is no risk of harm to themselves or others. Restraint may only be used where all other intervention techniques have failed to avert acute physical behaviour, which may inflict physical injury or significant damage to possessions or the building. Restraint should only ever be used with the best interests of the child/young person in mind, in exceptional circumstances and when it is the only practicable means of securing the welfare of that child/young person, another child/young person or employee within education services. All staff including those who work on a sessional basis are trained in the use of NAPPI techniques. Using and Recording Physical Intervention All staff working with specific children and young people must be familiar with each Plan that is in place. These reference documents highlight the child/young person s, negative behaviours, triggers and responses to be used e.g. quiet time. They are written in consultation with key professionals in school, including the Educational Psychologists. Staff dealing with situations which pose a threat to safety should:- Try other distraction techniques as per Plan If possible, ensure other staff support / presence Carry out a dynamic risk assessment of the situation and the safety of using Positive Physical Intervention Encourage other children / young people to move away Stay calm Release the hold as soon as possible Talk to the child/young person Never use intervention for coercion or to force children/young people to comply with staff instructions Recording Positive Physical Intervention Factual electronic recording should be made as soon as possible after the event. Staff should: Status: Approved LW Review date: June 2016 Page 9 of 16
Allow the child/young person the opportunity to give their version of events using their preferred method of communication. Ensure records are signed by staff, and senior leaders. Complete the Incident Log if necessary and cross reference information to all other documents e.g. violence to staff. Inform parents, social worker and all other relevant personnel as appropriate. After the Event While Positive Physical Intervention must be recorded and reported, it must also serve as a trigger for staff to consider why a child/young person is requiring restraint, particularly if the need for Positive Physical Intervention increases as it may be indicative of an underlying problem which the child/young person is facing. Following any use of Positive Physical Intervention, the team should:- Review occurrences to identify any patterns or trends Ensure that both staff and children/young people have the opportunity to discuss the events A de-brief session will take place with staff members Staff and children/young people have the right to access Complaints Procedures Senior staff /NAPPI Instructors will decide whether there are organisational needs to be addressed e.g. training Refer to school s Educational Psychologists. Behaviour responses and outcomes (sanctions / loss of privileges) All children and young people wherever possible are aware of the range of responses to negative and unwanted behaviour. Parents are involved in any approach school/college feels may support positive behaviour. Parents have access to training from staff and support from professionals (and the Family Liaison Officer, if appropriate). When poor behaviour is identified, sanctions should be implemented consistently and fairly in line with this policy. We will deploy a range of disciplinary measures, which are clearly communicated to school staff, pupils and parents. These include: A verbal reprimand. Extra work or repeating unsatisfactory work until it meets the required standard. The setting of tasks as punishments, such as supporting staff to maintain the Status: Approved LW Review date: June 2016 Page 10 of 16
environment for an appropriate activity. Loss of privileges for instance the loss of a prized responsibility or not being able to participate in special activities. Missing break time. Detention including during lunch-time. Teachers have a power to issue detention to pupils (aged under 18) We make clear to pupils and parents that we use: Detention as a sanction School based community service or imposition of a task such as picking up litter or weeding school grounds; tidying a classroom; helping clear up the dining hall after meal times; or removing graffiti. Regular reporting including early morning reporting; scheduled uniform and other behaviour checks; or being placed on report for behaviour monitoring. In more extreme cases, schools may use temporary or permanent exclusion. Calling the Police Part of our duty of care is to prevent children/young people from being criminalised. However this does not override the right of any person, staff or young person to involve the police if they feel that they have suffered harm and that a crime has been committed against them. The involvement of the police, during or after an incident must only occur after serious consideration of the incident and whenever possible after discussion with The Associate Director/Head of School. Factors to be taken into consideration when a decision to call the police is being made: a) the child/young person s history and the direct antecedents b) the severity of the anger, aggression and violence that the child/young person is presenting c) the degree of injury and/or damage caused by the child/young person d) the seriousness of the threats being made by the child/young person e) whether the child/young person is under the influence of behaviour modifying substances f) the ability of the staff to manage the situation safely without the child/young person or staff being injured g) Whether other children and young people or the general public are under threat and need protecting. Status: Approved LW Review date: June 2016 Page 11 of 16
Use of Isolation We adopt the principle which allows disruptive pupils/students to be placed in isolation away from other pupils for a limited period. However this should not be confused with the approach used specifically to ensure everyone involved in any incident is safe. As a result of safety concerns we may withdraw children/young people into a break out space to prevent escalation of behavior, or to assist in calming a child/young person. As with any disciplinary penalties, we act lawfully, reasonably and proportionately in all cases. Any separate room is only used when it is in the best interests of the child/young person, and other pupils. Staff remain with pupils/students during any withdrawal or stay within the immediate vicinity as dedicated one to one support for the child/young person. We ensure the health and safety of pupils/students and any requirements in relation to safeguarding and pupil/student welfare as a priority. Approved methods of promoting positive behaviour Item - Working Professionally in the care and control of children/young people - Reward Incentives - Specialist support for children & young people - Risk management - Management Monitoring Status: Approved LW Review date: June 2016 Page 12 of 16
Working professionally in the care and control of children/young people Staff Guidance on Positive Strategies to Managing Aggressive or Unwanted Behaviour 1) Be aware of the child/young person s positive behaviour management plan and the guidance it may give on managing challenging behaviour know what works best for individual children and young people and yourself and be aware of any recent/immediate influences, events, pressures or stresses on the child/young person. 2) Be aware of the presence of other children/young people and their interactions with the young person presenting challenging behaviour isolate the young person from their peers to protect other young people or to remove the audience and be aware of where other staff are and advise, consult, plan and co-ordinate responses. 3) Be aware that staff presence and being over-supervised can escalate a problem can the child/young person be given space to calm down. 4) Treat the child/young people with respect, sensitivity and dignity, do not talk down to or patronise them. The behaviour expectations of the children/young people should be made clear using their preferred method of communication about, their responsibilities and rights and what is and is not acceptable behaviour. 5) Communication needs to be based at the child/young person s level of understanding, using their preferred method of communication. A raised voice may be useful in a few specific instances but generally this will tend to escalate the situation and it does not show that you are in command of yourself or the situation. Try lowering your voice so the child young person has to work to listen, they may also need time to process what is being asked of them. 6) Keep calm and do not be side tracked, do not personalise the conflict. 7) Constantly look for opportunities to defuse/distract, the situation. 8) Be prepared to hand over to other staff members, (change of face) it is not a personal conflict, nor a battle to be won or lost, staff are resources that should be used most appropriately to achieve the desired outcome. Status: Approved LW Review date: June 2016 Page 13 of 16
Reward Incentives Incentives are used as a tool to support children/young people to modify unwanted behaviours and those behaviours that prevent children and young people from developing socially acceptable behaviour. Children and young people are supported wherever reasonably possible to agree aims with staff and, the rewards that will be achieved in respect of modifying unwanted behaviour if appropriate Specialist Support for Young People Where children and young people, staff, families feel that the child benefits from the support of specialist internal/external agencies this will be coordinated by senior staff Risk Management Personalised risk assessments are agreed in consultation with staff appropriately. Parent/Carer s and identified social workers and the Local Authority are informed of specific risks and what the agreed response should be in order to promote the safety of both children and young people and employees. Where risk increases consideration should be given to raising concerns with the Director of Education within the Foundation. Management Monitoring Monitoring takes place of all Incident Logs, Positive Physical Interventions, and Injuries sustained following Positive Physical Intervention, Violent Incidents towards staff/child, Accident Treatment Log and Body Charts. The data collected could identify any possible patterns/trends. This involves a key school Governor and the Associate Director reports to the full Governing Body on a termly basis. There is a Foundation wide safeguarding log, which is reviewed by the Executive Team and Trustees regularly Staff Training Key members of staff are trained trainers of Non-Abusive Psychological and Physical Intervention (NAPPI) and they provide training at level 1, 2 and 3 appropriately. All staff are trained in positive behaviour methods and moving and handling as part of induction. Specific approaches to the management of vulnerable Status: Approved LW Review date: June 2016 Page 14 of 16
pupils are discussed and agreed with teams and this involves key professionals, including Educational Psychologists. Associated resources available from the DfE 1. Home school agreements/college code of conduct 2. Use of Reasonable Force advice for headteachers, staff and governing bodies 3. Screening, Searching and Confiscation advice for headteachers, staff and governing bodies 4. Exclusions Guidance 5. Safeguarding 6. SEN Code of Practice 7. The Government s former expert adviser on behaviour, Charlie Taylor, has produced a checklist on the basics of classroom management. Teachers can use it to develop between five and ten essential actions to encourage good behaviour in pupils. Policy Links: Child Protection/Safeguarding Looked After Children Bullying Staff, Code of Conduct Whistle Blowing Health & Safety NAPPI (Non-Abusive Psychological and Physical Intervention) Complaints Status: Approved LW Review date: June 2016 Page 15 of 16
Monitoring & Review Overall responsibility for the operation of the procedure lies with the xxxxx. The effectiveness of the procedure will be formally reviewed and monitored as a minimum on a xxxxxx basis to ensure that it continues to meet the requirements of The Foundation, the specific service area and that it reflects best practice and statutory legislation as appropriate. The below table outlines the monitoring and compliance requirements of the procedure: Element Monitored e.g Adherence to policy Policy Update Lead Person Policy Author Lynn Watson Tool Frequency Reporting Arrangement Lead Person - Act on Recommendation Lead Person Dissemination of Lessons Learned Audit Annually Policy Author Policy Author Review Policy Associate Director Governors Associate Director Associate Director Status: Approved LW Review date: June 2016 Page 16 of 16