Behaviour

Introduction

1. The Governing Body understands that it has a legal responsibility to make and keep policies designed to promote good behaviour and discipline.
2. In considering student behaviour and discipline the Governing Body expects the Academy to pay attention to rewards as well as provisions for sanctions.
3. The Governing Body, Headteacher and staff believe that a safe environment, mutual respect and a positive reward culture will produce the most effective climate for learning and teaching.
4. Inclusion features strongly in this policy and in the Academy’s philosophy. This philosophy will be supported by expectations of a high standard of student behaviour and sense of responsibility and underpinned by sanctions which will be made clear to staff, parents and students and applied consistently throughout the Academy.
5. The Academy will strive to achieve a balance between avoiding exclusion for gross disobedience at the same time as acknowledging the fact that poor behaviour can in itself exclude students from learning and feeling safe.
6. The Academy’s Discipline and Behaviour for Learning policy will be reinforced by its system of home-academy agreements with parents and students.

Aims

The aims of this policy are to:

1. emphasise the Academy’s commitment to encouraging and rewarding good behaviour;
2. set out the Academy’s systems of rules and rewards;
3. explain the law and guidance on ‘disciplinary penalties’ (sanctions); and
4. set down the various responsibilities.

Responsibilities

1. The Governing Body
   1. The Governing Body has a duty to make and keep policies designed to promote good behaviour and discipline, and to determine the standard of behaviour that is regarded as acceptable.
   2. The Governing Body expects the emphasis to be on encouraging and rewarding good behaviour.
2. The Headteacher
   1. The Headteacher’s role is to implement the Governing Body’s policy and to establish and maintain a behaviour policy that promotes learning, self-discipline, respect for others and proper regard for authority.
   2. The Headteacher must determine measures to be taken, with a view to:
      1. promoting self discipline and proper regard for authority among students;
      2. encouraging good behaviour and respect for others, and preventing all forms of bullying among students;
      3. securing that the standard of behaviour is acceptable; and
      4. otherwise regulating the conduct of students.
   3. The Headteacher will follow the Governing Body’s statement of principles.
   4. The Headteacher must also determine the standard of behaviour regarded as acceptable, in so far as the Governing Body has not determined it.
   5. The measures can, as far as is reasonable, include measures to regulate the conduct of students when they are not on the premises, and are not under the control or charge of a member of the Academy staff. This includes rules governing behaviour to and from the Academy.
   6. The Headteacher is required to set out the behaviour for learning policy in a written document and publicise it by making it generally known to staff, students and parents.
   7. It must be brought to their attention at least once a year.
   8. The Headteacher’s policy should:
      1. define the standards of behaviour expected by the Academy;
      2. seek the widest possible agreement;
      3. ensure that the standards are consistently and fairly applied; and
      4. ensure that any sanctions are reasonable and proportionate to the offence, and enable students to make reparation where possible.

The Governing Body’s Policy on Rights and Responsibilities

1. The Academy has the right to:
   1. expect students and parents to cooperate with the Academy in maintaining an orderly climate for learning;
   2. expect students to respect the rights of other students and adults in the Academy;
   3. enforce the behaviour for learning policy, including rules and disciplinary measures;
   4. not to tolerate violence, threatening behaviour or abuse by students or parents;
   5. in extreme circumstances, to take firm action against students who harass or denigrate teachers or other Academy staff on or off premises; and
   6. engage external support services as appropriate
2. The Academy recognises its responsibility to:
   1. support, praise and, as appropriate, reward students’ good behaviour;
   2. ensure staff model good behaviour and never denigrate students or colleagues;
   3. promote positive behaviour through active development of students’ social, emotional and behavioural skills;
   4. establish, and communicate clearly, measures to ensure good order, respect and discipline;
   5. ensure the Academy’s behaviour policy does not discriminate against any student on, e.g. grounds of race, gender, disability, age, or sexual orientation, and that it promotes good relations between different communities;
   6. ensure teachers’ roles in Academy discipline matters are consistent with any regulations, government guidance and any national agreements;
   7. ensure staff are clear about the extent of their disciplinary authority and receive necessary professional development on behaviour strategies;
   8. apply sanctions fairly, consistently, proportionately and reasonably – taking account of SEN, disability and the needs of vulnerable children, and offering support as appropriate;
   9. take all reasonable measures to protect the safety and well-being of staff and students, including preventing all forms of bullying and dealing effectively with reports and complaints about bullying;
   10. keep parents informed of their child’s behaviour, good as well as bad, use appropriate methods of engaging them and, where necessary, support them in meeting their parental responsibilities;
   11. work with other agencies to promote community cohesion and safety.
3. The Academy respects the rights of the students to:
   1. be taught in environments that are safe, conducive to learning and free from disruption.
   2. expect appropriate action from the Academy to tackle any incidents of violence, threatening behaviour, abuse, discrimination or harassment.
   3. be able to appeal to the Headteacher and Governing Body, if they believe the Academy has exercised its disciplinary authority unreasonably.
4. The Academy expects students to:
   1. follow reasonable instructions by Academy staff, to abide by Academy rules and accept sanctions in an appropriate way;
   2. act as positive ambassadors for the Academy when off the Academy premises;
   3. not to bring inappropriate or unlawful items to the Academy;
   4. show respect to Academy staff, fellow students, Academy property and the Academy environment;
   5. never to denigrate, harm or bully other students or staff;
   6. co-operate with, and abide by, any arrangements put in place to support their behaviour.
5. The Academy recognises the rights of parents to:
   1. be kept informed about their child’s progress, including issues relating to their behaviour;
   2. expect their children to be safe, secure and respected in the Academy;
   3. have any complaint they make about their child being bullied taken seriously by the Academy and investigated/resolved as necessary;
   4. be able to appeal to the Headteacher and Governing Body, if they believe the Academy has exercised its disciplinary authority unreasonably;
   5. be able to make representations against a decision to exclude their child to the Governing Body, and, in cases of permanent exclusion, to an independent appeal panel.
6. The Academy expects parents to:
   1. respect the Academy’s behaviour policy and the disciplinary authority of Academy staff;
   2. help ensure that their child follows reasonable instructions by Academy staff and adheres to Academy rules;
   3. send their child to the Academy each day punctually, suitably clothed, fed, rested, and equipped and ready to learn;
   4. ensure Academy staff are aware of any SEN-related or other personal factors which may result in their child displaying behaviours outside the norm;
   5. be prepared to work with the Academy to support their child’s positive behaviour;
   6. attend meetings with the Headteacher or other Academy staff, if requested, to discuss their child’s behaviour;
   7. adhere to the terms of any parenting contract or order relating to their child’s behaviour;
   8. if their child is excluded from the Academy, ensure the child is not found in a public place during Academy hours in the first five days of exclusion and, if invited, to attend a reintegration interview with the Academy at the end of a fixed period exclusion.

Disciplinary Sanctions (Disciplinary Penalties)

1. The Academy has the power to impose 'disciplinary penalties', where a student's behaviour falls below the standard which could be reasonably expected of him/her, whether because he/she fails to follow an Academy rule, or an instruction by a member of staff.
2. The power extends to other schools/colleges/academies which a student may be attending for a particular course, and to situations where the student is not on the premises and is not under the lawful control of a member of staff, but only to the extent that it is 'reasonable' for the Academy to impose the penalty. It also covers penalties for a failure by the student to comply with a penalty previously imposed on him/her.
3. The Education and Inspections Act (2006) makes it lawful for the Academy to impose a penalty (other than exclusion):
   1. if it is not in breach of any statutory requirement or prohibition;
   2. if it is reasonable;
   3. if it is made by a paid member of staff (including supply staff, support staff, administrative staff), unless the Headteacher has decided they may not impose it;
   4. if it is made by an unpaid member of staff (e.g. a parent volunteer) who has been authorised by the Headteacher, and it was reasonable for the Headteacher to do so; and
   5. the penalty and the action taken were on the Academy premises or elsewhere when the student was under the lawful control of a member of staff.
4. In determining whether a disciplinary penalty is 'reasonable' the following must be taken into account:
   1. whether the penalty was a proportionate punishment in the circumstances; and
   2. any special circumstances which are known to the person imposing the penalty, including:
   3. the student's age;
   4. any special educational needs;
   5. any disability; and
   6. any religious requirement affecting him/her.
5. The Headteacher will take account of the following principles in determining and implementing the Discipline and Behaviour for Learning policy:
   1. None of the Academy’s punishments must be degrading or humiliating.
   2. All rewards and sanctions must take into account any religious requirements affecting the student.
   3. All rewards and sanctions must be applied fairly and consistently.
   4. All paid staff at the Academy have a statutory authority to impose sanctions (called ‘disciplinary penalties’ in the Education and Inspections Act 2006).
   5. The Headteacher has the power to withdraw the authority from individual staff or classes of paid staff.
   6. The Headteacher has the power to authorise any unpaid staff to impose disciplinary penalties.
6. Specific Sanctions (Disciplinary Penalties)
7. The Governing Body has agreed that the following ‘disciplinary penalties’ may be used in the Academy:
   1. removal from the group/class or particular lesson;
   2. withdrawal of break or lunchtime privileges;
   3. detention;
   4. confiscation of a student’s property;
   5. withholding participation in educational visits or sports events which are not essential to the curriculum;
   6. completion of work or extra work;
   7. carrying out a useful task in the Academy;
   8. isolation
   9. fixed term exclusion; and
   10. permanent exclusion
8. As per latest legislation Behaviour and Discipline in Schools January 2016.

The Taking of Student Statements

1. From time to time it is necessary for the School to ask a student to provide a written statement. Circumstances in which a statement might be required include, but are not limited to:
   1. Following a reported disciplinary incident in which the student may have been a victim, perpetrator or witness
   2. In connection with the proper conduct of public or internal examinations
   3. In connection with incidents out of School, for example on a School bus
   4. In the course of a School investigation into concerns which may have been brought to its attention in connection with the learning environment or quality of teaching.
2. Other than in cases which, in the School’s judgement, require parental involvement (for example very serious situations in which the student’s place at the School may be in jeopardy), parents will not be informed when the School requires a student to produce a written statement.
3. When a written statement is required, the student will normally be separated from other students and taken to a suitable venue in which the student will be able to write without distraction. Appropriate writing materials will be provided and guidance will be given. The student will be asked to give a factual report in his/her own words.
4. The student will not be denied food at break and lunchtimes and, if required, water will be provided.
5. All statements will be signed and dated by the student and a copy will be retained in their personal files.
6. If a student declines to write a statement when requested without giving a reason, this fact will be recorded.
7. Statements will not, routinely, be made available to parents but they may be released, at the Headteacher’s discretion, if requested. Statements in which other students are identified by name will, in no circumstances, be made available to parents.

Detention

1. Members of staff who have the right to use detention of students include:
   1. teachers who work at the Academy; and in addition
   2. any other person who works at the Academy, who with the authority of the Headteacher, has lawful control or charge of the students for whom education is being provided at the Academy.
2. Detention may only be given to students under 18 if the Headteacher has determined and made known within the Academy and to parents that detention of students outside Academy sessions is one of the sanctions that can be applied with a view to regulating student behaviour. It must also be on a 'permitted day of detention'.
3. The EIA2006 defines what the 'permitted day of detention' means:
   1. an Academy day, other than one on which the student has authorised leave of absence;
   2. a Saturday or Sunday during an Academy term, which is not a Saturday or Sunday during or at a weekend immediately preceding or following, a half term break;
   3. a day (whether or not during an Academy term) which is set aside for the performance of duties by the staff other than teaching, except where such a day has been excluded by the Secretary of State in England.
4. In determining whether a detention outside Academy hours is 'reasonable' the Headteacher must also take into account whether suitable travel arrangements can be reasonably made by the student's parents.
5. Powers of members of staff to detain students by use of force
6. The Education and Inspections Act 2006 confirms the right of staff to use 'such force as is reasonable’ for the purpose of preventing a student from:
   1. committing an offence;
   2. causing personal injury to, or damage to the property of, any person (including themselves); and
   3. prejudicing the maintenance of good order and discipline.
7. The explanatory notes give an example of 'reasonable force' - leading a student by the arm to enforce an instruction to leave the class.
8. However, nothing in the law concerning the use of reasonable force legitimises corporal punishment.

The Right to Search Students and Confiscate Property

1. Staff in the Academy have the right to search students and confiscate prohibited student property in line with the provisions of the Education Act 2012. (For details of the Academy’s policy on searching students and confiscating property see the Academy’s Searching Students and Confiscation of Student Property policy.

Exclusions from the Academy

1. Exclusions may be for a fixed period or permanent.
   1. The Academy will use exclusion (fixed term or permanent) only as a last resort.
2. In discharging their duties the Governing Body and Headteacher will have regard to the Secretary of State’s current guidance on exclusions.
3. The regulatory procedure for excluding pupils and reviewing the exclusion is set out in Part 4 of the School Discipline (Pupil Exclusion and Review) (England) Regulations 2012.
4. The Academy’s procedure for excluding a student is set out in Appendix A.

Equal Opportunities

In making and implementing this policy the Governing Body and Principal must take account of the Academy’s equal opportunity policies.

1. Students with Disabilities
   1. The Academy aims to ensure that students with disabilities are not treated less favourably than other students and will endeavour to ensure that no exclusion of such a student has been caused directly or indirectly by the student’s disability.
   2. Any exclusion of a student with a disability will be closely monitored both within the Academy and by the Discipline Committee.

1. Students with Special Educational Needs
   1. The Academy will pay due regard to the guidance in the 2014 Special Educational Needs Code of Practice and any other current government guidance, such as the Education of Children and Young People with Behavioural, Social and Emotional Difficulties as a special educational need.
   2. The Academy will aim not to exclude students with special educational needs and will aim to find alternative strategies that keep students with special educational needs who have behaviour problems in the Academy.

Monitoring and Review

1. The working of the policy will be monitored by the Headteacher and a report made to the full Governing Body each year. All exclusions will be reported yearly.
2. This policy will be reviewed at least every two years by the Governing Body.

Date of the next review

May 2018

APPENDIX A

Informing Parents about the Exclusion

1. The Headteacher will inform parents without delay (by telephone, with a follow-up letter within one Academy day) and will give the following information:
   1. in cases of fixed term exclusions, the length of the exclusion;
   2. in cases of permanent exclusion, that it is a permanent exclusion;
   3. the reasons for the exclusion;
   4. their right to make representations to the Academy’s Discipline Committee;
   5. the name of the person to be contacted, if they wish to make representations.
2. The letter to parents will also state:
   1. the parent’s right of access to the student’s Academy record;
   2. the date and time when the student should return to the Academy (with a fixed term exclusion) or the number of lunch-times for which the student is excluded (with lunch-time exclusions);
   3. with a permanent exclusion, its immediate effect and any relevant previous history;
   4. arrangements for the setting and marking of work (it is the parent’s responsibility to ensure that work sent home is completed and returned to Academy);
   5. the name and telephone number of the person in the Academy who can be contacted for advice; and
   6. any other helpful contacts.

Informing the Discipline Committee (of the Governing Body)

1. The Headteacher will inform the Chair of the Governing Body and the student’s Local Authority Children’s department within one Academy day of:
   1. a permanent exclusion;
   2. exclusions totalling more than 5 Academy days or 10 lunch-times per term;
   3. an exclusion necessitating a student missing a public examination.
2. The Headteacher will inform the Governing Body of fixed term exclusions amounting to 5 or fewer Academy days or 10 or fewer lunch-times (or half days) in total per term on a termly basis.
3. The Headteacher must include the following in his/her exclusion report;
   1. the name of the student;
   2. the duration of the exclusion;
   3. the reason(s) for the exclusion;
   4. the student’s age, gender and ethnicity;
   5. whether the student is statemented;
   6. whether he/she is in Local Authority care.

3. The Responsibilities of the Discipline Committee

1. The Discipline Committee
2. The Governing Body will appoint a Discipline Committee at the beginning of each academic year, and appoint a Chair and a clerk.
3. The Discipline Committee will review all exclusions and consider any representations from parents.
4. The Committee will consider whether reinstatement is a practical option;
   1. The Committee may consider more than one exclusion at any one meeting where appropriate
   2. in cases where a student will miss a public examination as a result of exclusion, the Discipline Committee should endeavour to meet before the date of the examination. In extreme cases with fixed term exclusions, the Chair of the Committee may consider the exclusion on his/her own and may reinstate.

1. Discipline Committee Meetings re. Exclusions
   1. On being informed of an exclusion by the Headteacher, the clerk or Chair must:
      1. with fixed term exclusions totalling fewer than 6 Academy days in one term, convene a meeting of the Discipline Committee to consider representations from the parents (if these have been made), but the student cannot be reinstated;
      2. in the case of fixed term exclusions totalling more than 5, but not more than 15 Academy days, in any one term, convene a meeting to review the exclusion if the parents have asked to make representations between the 6th and the 50th Academy day after being notified of the exclusion.
      3. in cases of permanent exclusion or where one or more fixed term exclusions add up to more than 15 days in any one term, arrange a meeting to review the exclusion between the 6th and the 15th Academy day after being notified of the exclusion;
      4. invite the parent, Headteacher to attend at a mutually convenient time and place; and will
      5. request written statements before the meeting; and
      6. circulate any such written statements (including any statements from witnesses) and a list of those due to attend in advance to all interested parties.
   2. The parent may be accompanied by a friend or a legal representative. The excluded student will usually be allowed to attend and to speak if the parent requests this. A student aged 18 or over is allowed to attend and to make representations in his/her own right.
2. The Committee will inform the parent of its decision as soon as possible but not later than one Academy day from the hearing, stating the reasons.

APPENDIX B

School Discipline (Pupil Exclusion and Review)(England) Regulations 2012, Part 4: Academies, Pg. 13-17.