Kepier Learner Discipline & Behaviour Management Policy, 2023-2024

Kepier actively seeks to promote good behaviour and create a safe, orderly, purposeful, happy and challenging environment in which effective teaching and learning can take place in line with Kepier’s core principles of: ‘Inspire, Challenge, Support’.

Kepier’s policy on the management of learner behaviour is as follows.

Purposes

1. To support learners in developing values based on respect for themselves, others and for the environment of the school and community.
2. To support and challenge learners to learn the skills of self-discipline.
3. To prevent and challenge incidents of bullying.
4. To inspire all learners to reach and achieve their full potential through learning.         
5. To ensure the smooth running of the academy and the safety of everyone in it.

Legislation

This policy is based on advice from the Department for Education (DfE) on:

1.  Behaviour and discipline in schools: advice for headteachers and school staff, 2016
2.  Behaviour in schools: advice for headteachers and school staff 2022
3.  Searching, screening and confiscation at school 2018
4.  Searching, screening and confiscation: advice for schools 2022
5. The Equality Act 2010
6. Keeping Children Safe in Education
7. Exclusion from maintained schools, academies and pupil referral units in England 2017
8. Suspension and permanent exclusion from maintained schools, academies and pupil referral units in England, including pupil movement - 2022
9. Use of reasonable force in schools
10. Supporting learners with medical conditions at school
11. Special Educational Needs and Disability (SEND) Code of Practice
12. Schedule 1 of the Education (Independent School Standards) Regulations 2014; paragraph 7 outlines a school’s duty to safeguard and promote the welfare of children, paragraph 9 requires the school to have a written behaviour policy and paragraph 10 requires the school to have an anti-bullying strategy.
13. DfE guidance explaining that academies should publish their behaviour policy and anti-bullying strategy online.
14. This policy complies with our funding agreement and articles of association.

Behaviour Principles

1. Every member of the school community understands they have the right to feel safe, valued and respected, and learn free from the disruption of others.
2. We emphasise the positive rather than the negative, using rewards as well as sanctions.
3. All staff share responsibility for encouraging learners to manage their own behaviour and understand the consequences of their actions, both positive and negative.  
4. Staff and volunteers set an excellent example to learners at all times.
5. We aim to deliver an inspiring, challenging and engaging curriculum for all learners developing values based on respect for themselves and others.
6. When off site, attending alternative provisions or dual registered, learners' behaviour is still expected to abide by Kepier’s behaviour policy.
7. All learners, staff and visitors are free from any form of discrimination.
8. Families are involved in behaviour incidents to foster good relationships between the school and learners’ home life.

The governing board also emphasises that violence or threatening behaviour will not be tolerated in any circumstances.

The principles underlying this Behaviour Policy are based on respect:

• respect for self;

• respect for others; and

• respect for the environment.

The policy seeks to put into practice the shared values of the community.  The school community consists of learners, academy staff, governors, parents, visitors and the wider community.

Respect for Self

Everyone should:

• behave in a sensible and appropriate manner, attempting to present ourselves as the best person we can be at every opportunity.

Respect for Others

Everyone should:

• follow ‘British Values’ - in line with curriculum teaching;
• allow others to learn and teachers to teach;
• treat everyone with consideration and good manners;
• Through the curriculum we will educate learners about the the rights of others to hold their beliefs and opinions;
• keep to and enforce the school uniform code;
• help to prevent all forms of bullying and discrimination;
• behave with the health and safety of others in mind; and
• behave helpfully and responsibly.

Respect for the Environment

Everyone should:

• treat their own property and the property of others with care; and
• treat the academy buildings, contents and grounds with care.

Guidelines for Action

1. Everyone, staff and learners, will follow Kepier’s high expectations based on the principle of; inspire, challenge and support.
2. Specific expectations of learner behaviour, based on attitudes to learning and behaviour for learning, will be made clear to both learners and staff through the coaching programme, assemblies and school displays.
3. Staff will help learners to know and understand Kepier’s expectations.  Staff will guide them in understanding the positive and negative consequences of their actions.
4. Curriculum subjects will be used as appropriate, to further develop learners’ understanding of expectations and consequences.
5. Staff will apply the full range of both rewards and sanctions sensitively and progressively.  Staff will follow up and ensure that sanctions have been completed, following the appropriate lines of referral in more serious cases.
6. Incidents which infringe the policy should be recorded on Class Charts.
7. The consequences of positive actions and achievements will be celebrated through Kepier’s Rewards Programme.

Roles and Responsibilities

The Governors        

It is the responsibility of Governors to:

• oversee the development, implementation and monitoring of the Behaviour Policy and annually review the impact of the policy;
• ensure that the school complies with its statutory obligations regarding behaviour;
• regularly review reports on the achievement of the action plan targets from the Behaviour section of the School Improvement Plan;
• ensure behaviour systems are robust and value for money.  This will take place through the Welfare and Support Committee; and
• support the school in holding disciplinary panels where applicable.

The Senior Leadership Team

It is the responsibility of senior leaders to:

• ensure that Kepier complies with its statutory obligations with regards to behaviour;
• develop strategies and set targets for achieving effective behaviour practices;
• listen to and address matters brought through ‘learner voice’;
• ensure that learners and their parents / carers are given access to Class Charts to view their behaviour, attendance and homework record;
• ensure that staff have equal access to behaviour training and development opportunities;
• ensure that staff are appropriately trained on behaviour issues;
• ensure that all learners are made aware of Kepier’s behaviour policy;
• monitor and evaluate data collected on behaviour at regular intervals;
• Lead behaviour panels in relation to Attitude to Learning; and
• ensure Governors are provided with relevant data through the Welfare and Support Committee.
• The Headteacher is responsible for reviewing and approving this policy ensuring that the school encourages positive behaviour.

Staff

It is the responsibility of all Kepier staff, including managers, to:

• create a calm and safe environment for learners.
• comply with Kepier’s obligations with regard to behaviour;
• comply with Kepier’s behaviour policy;
• participate in Behaviour Management CPD;
• maintain and record where applicable, sufficient records to enable the effective monitoring of behaviour issues;
• ensure that schemes of work, lesson plans and teaching resources contribute to the maintenance of good behaviour;
• promote good behaviour in the classroom and around the school; and
• work within the staff code of conduct.

Learners

It is the responsibility of all learners to:

• Behave in an orderly and self-controlled way;
• Show respect to members of staff and each other;
• In class, make it possible for all learners to learn;
• comply with the behaviour policy;
• respect and develop good relationships with staff and other learners and the wider school community;
• wear the correct uniform at all times
• accept sanctions when given
• refrain from behaving in a way that brings the school into disrepute, including when outside school or online
• comply with requests by staff “first time - every time”; and
• access Class Charts weekly.

Parents/Carers

It is the responsibility of all parents and carers to:

• understand the school’s behaviour policy and reinforce it at home where appropriate;
• support their child in adhering to the school’s behaviour policy;
• ensure that their child attends regularly and punctually, dressed correctly in school uniform;
• supports their child’s learning by attending meetings when required to consider progress or behaviour patterns and play their part in helping the learner;
• access ClassCharts to support with behaviour management, attendance and monitoring your child’s homework calendar;
• support school leadership and staff with behaviour management strategies and attend meetings where required; and
• attend Parents’ Evenings.

Kepier has published classroom expectations of all learners throughout the School building, these expectations are reinforced by class teachers and through senior leaders year group assemblies.

Classroom Displays

• Classroom behaviour poster can be viewed via;
• BIP, Sept 23 
• In class display - Google Slides 
• Anti-Bullying plan can be viewed via; Anti-Bullying Plan

Kepier’s behaviour system is monitored daily.  Notifications of detentions over 15 minutes will be communicated to parents via Class Charts.

Detentions will be issued for the number of negative points outlined below:

• 3 negative points = 30 mins  
• 6 negative points = 1 hour

Detentions can be issued at break, lunch and after school. Where a detention is issued at lunchtime, the learner will have access to refreshments.

The completion of homework is monitored by the class teacher and department leader.

If a learner receives two Stage 3 behaviour referrals in a day, they will be placed in the  Intervention Room for the remainder of the day. Learners who have been removed will continue to receive education under the supervision of a member of staff.

In addition removal can also be used to:

• restore order if the learner is being unreasonably disruptive;
• maintain the safety of all learners; or
• allow the disruptive pupil to continue their learning in a managed environment.

Allow the disruptive pupil to regain calm in a safe space.  If a learner receives five Stage 3 behaviour referrals in a week (an ‘incident’), the following pathway is followed.

• Incident 1 = Year Manager Panel
• Incident 2 = Behaviour Pastoral Leader Panel
• Incident 3 = SLT Panel*
• Incident 4 = Single Governor Panel
• Incident 5 = Three Governor Panel

Within each stage there will be a three week monitoring period.

*At the point of Incident 4, a discussion will take place between the relevant Year Manager, Behaviour Pastoral Leader, Assistant Headteacher regarding the following possible sanctions.

• Parental meeting and behaviour targets set.
• Placed on report to a member of the senior leadership team.
• Fixed Term Suspension (issued by the Headteacher).
• Off Site placement.
• Referral to Together for Children's Vulnerable Pupil Panel.

A parental meeting will be organised with a member of the Senior Leadership Team to discuss the learners’ behaviour and agreed pathway.

If a member of staff issues a Stage 3 behaviour referral, it is their responsibility to make contact with the parent / carer as well as logging the incident on Class Charts under ‘Communication with Parent / Carer’.

If a child is absent from school when they have been allocated a detention, Year Managers will ensure the outstanding detention is completed.  

A system of ‘On Call’, staffed by both senior and pastoral leaders is in operation every lesson ensuring behaviour support and monitoring.  This also enables incidents of poor behaviour to be attended promptly.  If staff require support from the ‘On Call’ member of staff, they should request that the member of staff is contacted via Class Charts using the ‘SLT On  Call’ icon.

Kepier has a strict uniform code which is enforced on a daily basis and reserves the right to ask a learner to return home in line with DfE guidance, after due consideration by staff, to correct an issue with uniform.  Learners who fail to adhere to the uniform policy, for any reason without formal medical evidence, may be taken out of mainstream circulation.  For persistent defiance a learner may be issued with a Fixed Term Suspension or Off Site placement.

Monitoring

Behaviour data is reviewed at all levels within the school including; staff, learner and parental voice; action plans are developed to address any issues.  Governors, through the Welfare and Support Committee, monitor and challenge the impact of these action plans.

Punctuality

Kepier promotes all learners to attend school on time, learners who fail to do so will have the following consequences.

Attendance code ‘L’:

• recorded on Class Charts and learner loses 1 point and is included in the daily 3 negative count.

Attendance code ‘U’:

• recorded on Class Charts and the learner loses 3 points and is issued with a 30 minute detention;
• 5 x ‘U’ codes within a half term results in an Attendance panel coordinated by the learners’ Year Manager, placed on a punctuality report and monitored for 3 weeks;
• 3 x ’U’ within the monitoring period, a second Attendance panel is coordinated by Kepier’s Attendance team and specific targets set which are monitored for three weeks;
• failure to successfully complete the targets results in a parental meeting with senior leaders.

Expectations of Learners’ Behaviour and Attitudes to Learning

Expectations of learners’ behaviour are displayed in every classroom.  They should be used by staff to teach responsible and acceptable behaviour.

Rewarding positive behaviour and attitude to learning

Rewarding positive attitudes to learning is important to us at Kepier. Kepier uses the Class Charts Rewards Store where learners can trade positive points for individual rewards.

Positive points include  in place include:

• excellent effort in lesson;
• exceptional piece of homework;
• trip / visit;
• contribution to school life (clubs, open evenings);
• extra study;
• positive attitude to learning (on time, on task, on target);
• SLT reward;
• Middle Leader reward; and
• Year Manager Award.

Progress, attainment and attendance prizes will be awarded throughout the year.

In addition, departments may operate their own reward schemes to motivate and reward good work.

Definitions of behaviour

Misbehaviour is defined as:

• disruption in lessons, in corridors between lessons, and at break and lunchtimes;
• non-completion of classwork or homework;
• poor attitude; and
• incorrect uniform.

Responding to misbehaviour

When a learner’s behaviour falls below the standard that can reasonably be expected of them, staff will respond in order to restore a calm and safe learning environment, and to prevent recurrence of misbehaviour.

Staff will endeavour to create a predictable environment by always challenging behaviour that falls short of the standards, and by responding in a consistent, fair and proportionate manner, so learners know with certainty that misbehaviour will always be addressed

Extreme/Serious Incidents

Examples of serious incidents which result in extreme action can include, but are not solely defined as:

• repeated breaches of school rule;
• physical violence;
• swearing or using insulting language including racist, sexist, homophobic or discriminatory behaviour;
• behaving in a manner dangerous to others;
• acting illegally whilst on the school site or participating in an organised school activity;
• carrying of prohibited items (Appendix 1);
• incidents of sexual harassment;
• vandalism; and
• theft.

The Extreme system is outlined in this policy and on displays throughout the school building.  

Staff can request an incident to be considered as an ‘extreme incident’ under the code ‘Extreme?’ where this is the case, the relevant Year Manager,Behaviour Pastoral Leader and member of the senior leadership team will discuss the incident, investigate where appropriate and issue the appropriate sanction which could include either fixed term suspension or permanent exclusion.

If there is cause to suspect a crime has been committed, a member of the senior leadership team will immediately refer this to the Police.

Discriminatory language and racism

Incidents of discriminatory language (defined as; language that is derogatory or offensive to an individual or particular group of people) and or racism will be recorded on both Class Charts and CPOMs.

Senior Leaders and the Year Manager will discuss the incident to establish whether it meets the Extreme threshold and sanction applied as deemed appropriate. In addition to this the support will be offered to the victim and further education offered to the perpetrator.

Sexual Harassment

In response to Ofsted’s report on Sexual Harassment (Review of Sexual Abuse in Schools and Colleges, published 10th June 2021), Kepier has developed a specific pathway for learners who for alledged perpetrators and victimes of sexual harasment.

Kepier will ensure that all incidents of sexual harassment and/or violence are met with a suitable response, and never ignored.

Learners are encouraged to report anything that makes them uncomfortable, no matter how ‘small’ they feel it might be.

The school’s response will be:

1.    proportionate;
2.    considered;
3.    supportive; and
4.    decided on a case-by-case basis.

Kepier uses the following procedures  to respond to any allegations or concerns regarding a child’s safety or wellbeing.

• Staff will record the incident on Class Charts under the code ‘Sexual Harassment’.
• Incident reviewed by Assistant Headteacher and Designated Safeguarding Lead and Assistant Headtecacher with responsibility for behaviour.

• Outcome of incident recorded on CPOMS.
• Incident 1 = 1:1 session with a PSHE teacher and discussion with parent / carer.
• Incident 2 = Parental Meeting with a member of the senior leadership team and referral to external agencies.  Behaviour targets set.
• Incident 3 = SLT panel (any of the following strategies may be implemented):

• Fixed Term Suspension;
• Off Site Placement;  
• 4 week part time placement in Kepier’s Social and Inclusion department;
• Off site direction;
• Referral to Together for Children's Vulnerable Pupils Panel.

If there is cause to suspect a crime has been committed, a Safeguarding Lead will immediately refer this to the Police.

Smoking / Vaping

Kepier is a no smoking or vaping site.  Smoking or vaping will not be tolerated in the building, within the grounds of the school or whilst in uniform.  Punishments will be given to any learner found smoking or vaping.  The sanction for smoking is up to a one hour detention and parents / carers will be contacted.  Repeated offences can be considered under the ‘Extreme’ system.

Malicious Allegations

Where a learner makes an allegation against a member of staff and that allegation is shown to have been deliberately invented or malicious, the school will discipline the learner in accordance with this policy under the category of ‘Extreme’.

Where a learner makes an allegation of sexual violence or sexual harassment against another learner and that allegation is shown to have been deliberately invented or malicious, the school will discipline the learner in accordance with this policy under the category of ‘Extreme’

In all cases where an allegation is determined to be unsubstantiated, unfounded, false or malicious, the school (in collaboration with the local authority designated officer, where relevant) will consider whether the learner  who made the allegation is in need of help, or the allegation may have been a cry for help. If so, a referral to children’s social care may be appropriate.

The school will also consider the pastoral needs of staff and learners accused of misconduct.

Responding to misbehaviour from learners with SEND and those displaying challenging behaviour who may have unidentified SEND.

The school recognises that learners’ behaviour may be impacted by a special educational need or disability (SEND) and its legal duty under the Equality Act 2010 to prevent learners with a protected characteristic from being at a disadvantage. Consequently, our approach to challenging behaviour may be differentiated to cater to the needs of the learner.

The school’s special educational needs co-ordinator will evaluate a learner who exhibits challenging behaviour to determine whether they have any underlying needs that are not currently being met.

Where necessary, support and advice will also be sought from specialist teachers, an educational psychologist, medical practitioners and/or others, to identify or support specific needs.

When acute needs are identified in a pupil, we will liaise with external agencies and plan support programmes for that child. We will work with parents to create the plan and review it on a regular basis.

The school will anticipate likely triggers of misbehaviour and put in place support to try to prevent them. In addition to support learners with SEND and unidentified SEND, we will implement the following strategies:

Classroom Support

All teaching staff undertake professional development training to help them support learners with behavioural needs in the classroom. Teaching staff are asked to read one page profiles for all learners at the start of each academic year and record the reasonable adjustments that they are going to make to support that individual in their class.

These reasonable adjustments are then monitored and reviewed by the SEN team. In this way we can ensure that the learners who have additional needs are having additional bespoke support outside of the normal behaviour system run by the school.

Identification and Mentoring

Members of the extended senior leadership team with responsibility for SEN regularly conduct learning walks, learner and staff interviews to establish whether learners who are displaying behaviour spikes have any underlying unmet educational need. If learners are found to meet the threshold to be added to the SEN register, parents are informed, and staff who teach said individuals are given bespoke strategies to support learners in the classroom.

Where we feel it is appropriate learners are given ‘time out’ cards to access mentoring support during lessons, when they feel they are struggling. Learners at this time can work towards completing various certificates through the AQA award scheme to show how they are developing their own coping strategies.

Members of the senior leadership team for SEN also have learners on mentoring report to them. The aim of these sessions is to manage behaviour spikes with some CYP and to prevent others from escalating.

Sanctions

It is important for all learners to see that there are consequences for their behaviour. As a school, however, we recognise that these consequences may not look the same for all learners.

In the most extreme cases, where learners may need to be suspended or excluded, members of the SEN team are consulted prior to any action to discuss the events leading up to the event. Members of the SEN team are also always involved in any discussion with the learner where their voice needs to be captured as the result of an investigation.

On a daily basis, learners with additional needs who receive detentions after school in line with the whole school detention policy are given bespoke directions as organised by the SEN team. This involves members of the extended senior leadership team for SEN directing learners with SEN to bespoke support provision after school. This can take the form of one to one support for additional English/Maths or reading, mentoring or a quiet reflection space.

Learners with an Education, Health and Care Plan (EHCP)

The provisions set out in the EHC plan must be secured and the school will cooperate with the local authority and other bodies.

If the school has a concern about the behaviour of a pupil with an EHC plan, it will make contact with the local authority to discuss the matter. If appropriate, the school may request an emergency review of the EHC plan.

Off Site Directions

The school follows Together for Children’s Offsite Direction protocols which outlines that an offsite direction is used for the following purpose.

• It is seen to be in the best interest of those pupils who are experiencing difficulties,

which could appear to be leading towards permanent exclusion. When the full range

pastoral support strategies  have been resourced and tried, but have failed to reach the young person.

• A time limited placement at another mainstream school where a an agreed upon

a period of support in another school is used as a strategy to improve behaviour.

• The understanding being that this is not a ‘1 for 1’ exchange arrangement between

schools. Although there may be times when this does occur, what is more important

is that the needs of the young people concerned are being met and their best interests are being served.

• Offsite direction does not need consent of the parent/carer however it is in the bet

interests of those pupils involved that all parties work together to ensure a successful overall outcome

Failure of an offsite direction may result in the Headteacher taking the decision to permanently exclude the learner.

Behaviour outside of school premises

Schools have the power to sanction pupils for misbehaviour outside of the school premises to such an extent as is reasonable.

Conduct outside the school premises, including online conduct, that schools might sanction pupils for include:

• misbehaviour when taking part in any school-organised or school-related activity;
• when travelling to or from school;

• when wearing school uniform;
• when in some other way identifiable as a pupil at the school;
• that could have repercussions for the orderly running of the school;
• that poses a threat to another pupil; or
• that could adversely affect the reputation of the school.

Online behaviour

The school can issue behaviour sanctions to pupils for online misbehaviour when:

• it poses a threat or causes harm to another pupil;
• it could have repercussions for the orderly running of the school;
• it adversely affects the reputation of the school; and
• the pupil is identifiable as a member of the school.

The decision to sanction a pupil will be lawful if it is made on the school premises or elsewhere at a time when the pupil is under the control or charge of a member of staff of the school.

Suspensions / Permanent Exclusions Suspension

The suspensions and exclusions policy explains that suspensions or permanent exclusions will only be used as a last resort, and outlines the processes involved for suspensions and exclusions.

Exclusions will be used as a sanction for learners at Kepier.  This takes account of the statutory published regulations and guidance applied from September 2012.  (DfE - Exclusions from maintained schools, Academies and PRUs in England).  The Headteacher  will consider the responsibilities under the Equality Act 2010 before excluding a learner:

• the Headteacher  or acting Headteacher  of Kepier can authorise fixed term suspensions or permanent exclusions which must be on disciplinary grounds;
• a learner may be excluded for one or more fixed periods (up to 45 days in any one year may be imposed by the Headteacher acting on the advice of some or all of the following – Assistant Headteacher (s), Senior Leader, Year Manager;
• the Headteacher  may permanently exclude a learner from Kepier;
• In exceptional cases, usually where further evidence has come to light, a further fixed-period exclusion may be issued to begin immediately after the first period ends; or a permanent exclusion may be issued to begin immediately after the end of the fixed period;
• parents will be notified of the period of the exclusion and the reason for it.  They will also be informed of their rights concerning representations and their legal responsibilities to ensure their child is not present in a public place during school hours without reasonable justification via letter;
• return from exclusion will normally follow a meeting with parents though learners are entitled to return to school when the period of exclusion has elapsed; and
• a meeting of the Governors Discipline Panel must be held within 15 working days to consider the case.  The decision can be challenged through independent review panels which have increased access to expertise on SEN.

When establishing the facts in relation to a suspension or exclusion decision the Headteacher   must apply the civil standard of proof; i.e. ‘on the balance of probabilities’ it is more likely than not that a fact is true, rather than the criminal standard of ‘beyond reasonable doubt.’  This means that the Headteacher  should accept that something happened if it is more likely that it happened than that it did not happen.

The Discipline Panel of the Governing Body meets to consider learners who have been issued with a period of fixed term suspension of over 15 days per term, 45 in one academic year and permanent exclusions.

Appendix 1

Screening, Searching and Confiscation

Property          

Learners are advised that property should be marked with the name and group.  No learner should bring to school items of value without being willing to take complete responsibility for these.

Chewing gum and fizzy drinks are banned and will be confiscated and eating in class is not allowed.

Property such as textbooks or exercise books on loan to learners by the school, become the learners’ responsibility and loss or damage must be paid for or an adequate replacement provided.

Electronic devices including mobile phones are not allowed to be used on the school site.  If seen,  staff are instructed to remove them from the learner and give them to the learner’s Year Manager.  Year Managers will facilitate the return of items through parental contact.  Under no circumstance should phones be switched on during lesson times.

Screening and Searching Learners

Kepier defines prohibited items such as but not exhaustive:

• knives, including all variations of bladed objects ie: pocket knives, craft  knives, scissors etc;
• a firearm of any description, including starting pistols, air guns and any type of replica or toy gun, pellet guns or BB guns;
• explosives, including fireworks, aerosol sprays, lighters, matches;
• laser pens or other objects, even if manufactured for a non-violent purpose but has a potentially violent use ie: the purpose of keeping or carrying the object is for use, or threat of use, as a weapon;
• alcohol;
• drugs;
• illegal drugs including legal highs;
• stolen items;
• tobacco, cigarette papers and electronic cigarettes;
• pornographic material;
• any item that has been or is likely to be used to commit an offence, cause personal injury or damage property;
• fizzy drinks;
• razor, razor blades or chains; and
• chewing gum.

Weapons

The deliberate and / or intentional bringing in and / or  use of weapons on Kepier’s site will not be tolerated.  The use of such weapons on site would create unacceptable risks of bullying, injury and death and is extremely intimidating and frightening for learners and adults alike.

If a learner is in possession of a weapon on the school site, this will be referred to as an Extreme behaviour event and the police contacted.

Procedures

Any learner who is suspected of having prohibited items may have their property confiscated, retained or disposed of.

Senior leaders can search learners without their consent if there are reasonable grounds for suspecting that a learner is in possession of a prohibited or banned item.  The search may be of the learner's clothing, footwear or bags.  Staff reserve the right to search a learner’s locker.  This will be completed in the presence of two staff but not always the learner.  Wherever possible, the search should take place in private, witnessed by another member of staff and in the learner's presence and with their consent.  The member of staff carrying out the search should be the same sex as the learner being searched, however the secondary member of staff may be the opposite gender.  On an out of school activity, the group leader is authorised to search learners at that location.

The extent of the search includes a 'personal search' which requires the learner to remove any outer clothing (hats, gloves, coats, sweatshirts, boots, shoes, hooded tops but not clothes worn next to the skin).  Force should not be used.  The police must always be called if an 'intimate search' is required as they have legal powers.  They should also be called if there are concerns that the learner may become aggressive.

Any prohibited items should be dealt with as appropriate to the circumstances.  Knives, weapons, illegal drugs and stolen items will be locked away by senior leaders and handed to the Police.

Learner punishment may involve detention, behaviour intervention, internal isolation, off site placement,  fixed term suspension or permanent exclusion.

Although there is no legal requirement to inform the parent /carer of a search, the school will inform parents/carers when a prohibited item has been found.  A banned item that has not been disposed of or handed to Police, such as an inappropriately used mobile phone, will need to be collected by the parent/carer.

Other banned food items will be confiscated and disposed of.

Searching

School staff can search a learner for any item if the learner agrees.

Headteachers and staff authorised by them have a statutory power to search learners or their possessions, without consent, where they have reasonable grounds for suspecting that the learner may have a prohibited item.

Confiscating

School staff can seize any prohibited item found as a result of a search.  They can also seize any item they consider harmful or detrimental to school discipline. 

Screening

What the law allows.

Schools can require learners to undergo screening by a walk-through or hand-held metal detector (arch or wand) even if they do not suspect them of having a weapon and without the consent of the learners.

Schools’ statutory power to make rules on learner behaviour and their duty as an employer to manage the safety of staff, learners and visitors enables them to impose a requirement that learners undergo screening.

Any member of school staff can screen learners.

If a learner refuses to be screened, the school may refuse to have the learner on the premises.  Health and safety legislation requires a school to be managed in a way which does not expose learners or staff to risks to their health and safety and this would include making reasonable rules as a condition of admittance.

If a learner fails to comply, and the school does not let the learner in, the school has not excluded the learner and the learner’s absence should be treated as unauthorised.  The learner should comply with the rules and attend.

This type of screening, without physical contact, is not subject to the same conditions as apply to the powers to search without consent.

Searching With Consent

School staff can search learners with their consent for any item.

Schools are not required to have formal written consent from the learner for this sort of search – it is enough for the teacher to ask the learner to turn out his or her pockets or if the teacher can look in the learner’s bag or locker and for the learner to agree.

Schools should make clear in their school behaviour policy and in communications to parents and learners what items are banned.

If a member of staff suspects a learner has a banned item in his/her possession, they can instruct the learner to turn out his or her pockets or bag and if the learner refuses, the teacher can apply an appropriate punishment as set out in the school’s behaviour policy.

A learner refusing to cooperate with such a search raises the same kind of issues as where a learner refuses to stay in detention or refuses to stop any other unacceptable behaviour when instructed by a member of staff – in such circumstances, schools can apply an appropriate disciplinary penalty.

Searching Without Consent

What Can Be Searched For?   (for the purposes of this policy)

Knives or weapons.

Any article that the member of staff reasonably suspects has been, or is likely to be, used to commit an offence, or to cause personal injury, or damage to property.

Any item banned by the school rules which has been identified in the rules as an item which may be searched for.  

Who Can Search?

A Headteacher, or a member of school staff authorised by the Headteacher.

Under what circumstances?

You must be the same sex as the learner being searched; and there must be a witness (also a staff member) and, if possible, they should be the same sex as the learner being searched.

There is a limited exception to this rule.  You can carry out a search of a learner of the opposite sex to you and / or without a witness present, but only where you reasonably believe that there is a risk that serious harm will be caused to a person if you do not conduct the search immediately and where it is not reasonably practicable to summon another member of staff.  

When Can You Search?

If you have reasonable grounds for suspecting that a learner is in possession of a prohibited item.

The law also says what must be done with prohibited items which are seized following a search.

The requirement that the searcher is the same sex as the learner and that a witness is present will continue to apply in nearly all searches.  Where it is practicable to summon a staff member of the same sex as the learner and a witness then the teachers wishing to conduct a search must do so.  

Authorising Members of Staff

Headteachers should decide who to authorise to use these powers.  There is no requirement to provide authorisation in writing.

Staff, other than security staff, can refuse to undertake a search.  The law states that head teachers may not require anyone other than a member of the school security staff to undertake a search.

Staff can be authorised to search for some items but not others; for example, a member of staff could be authorised to search for stolen property, but not for weapons or knives.

If a security guard, who is not a member of the school staff, searches a learner, the person witnessing the search should ideally be a permanent member of the school staff, as they are more likely to know the learner.  

Appendix 2

Safety Issues and Acceptable Practice Regarding School Sanctions

Full guidance is given to staff via Safer Working Practices and Physical Restraint Guidance.  However, some basic practices must be observed.

Power to use reasonable force or use physical contact.

Positive Handling Policy

This policy should be read in conjunction with our whole school behaviour policy.  At Kepier we constantly strive to create a calm environment that minimises the risk of incidents arising that might require the use of force.  However the following points should be noted.

Force is used either to control or restrain.  This can range from guiding a learner to safety by the arm to more extreme circumstances such as breaking up a fight or where a learner needs to be restrained to prevent violence or injury.  Reasonable adjustments will be made for learners with disabilities and learners with SEN.

Control means either passive physical contact, such as standing between learners or blocking a learner's path, or active physical contact such as leading a learner by the arm out of a classroom.  Restraint means to hold back physically or to bring a learner under control.  It is typically used in more extreme circumstances, for example when two learners are fighting and refuse to separate without physical intervention.

At Kepier we have a number of staff trained in de-escalation and Team Teach techniques which have been risk assessed and are subject to ongoing review.  Whilst some physical injury potential can be reduced, there always remains some risk that injury may occur when two or more people engage and force is used to protect, release or restrain.

It is possible that bruising or scratching may occur accidentally, and these are not to be seen necessarily as a failure of professional technique, but a regrettable and infrequent side effect of ensuring that the learner remains safe.  

Colleagues should be aware that the use of force cannot be used as a punishment.  The decision on whether or not to physically intervene is down to the professional judgement of the staff member concerned and should always depend on the individual circumstances.

The Headteacher  authorises trained staff to use reasonable force provided staff have made the judgement that they are acting in the learner’s best interests and it is reasonable and proportionate.  ‘Reasonable in the circumstances’ means using no more force than is needed.

Reasonable force can be used in the following circumstances:

• hurting themselves or others;
• damaging property; and
• causing disorder.

Other Forms of Appropriate Physical Contact:

It is not illegal to touch a learner.  There are occasions when physical contact other than reasonable force, with a learner is proper and necessary.  For example:

• holding the hand of a learner where appropriate;
• comforting a distressed learner;
• when a learner is being congratulated or praised;
• to demonstrate a technique e.g. how to use a musical instrument;
• to demonstrate exercises or techniques during PE lessons or sports coaching; and
• to administer first aid.

In addition, reasonable force can be used to conduct searches for prohibited items previously listed in this policy.

These circumstances are likely to cause resistance and a more appropriate action may be to contact the police.

When deciding what amounts to a serious incident, staff should use their professional judgement and also consider the following:

• the learner’s behaviour and level of risk presented at the time of the incident;
• the degree of force used;
• the effect on the learner or member of staff; and
• the learner’s age.

The following information (as a minimum) should be detailed on the MIS system and an accurate account of the incident should be written in the Record and Bound book kept with the Deputy SENDCo:

• name of learners involved;
• the time of the incident; and
• the place where the incident occurred and all of the de-escalation techniques applied by the adults involved prior to any physical intervention.

Where the incident has been prolonged or where considerable force has been used the following details should also be recorded:

• names of all witnesses, learners and adults;
• signed witness statements;
• a description of the way in which the incident developed; including de-escalation techniques;
• the learner’s response;
• the reason for force being used; and
• details of the outcomes of the incident including injuries and damage.

Learners should be given the opportunity to debrief after each and every incident at an appropriate time.  This time consideration will vary from individual to individual.  The aim of this over time will be to increase the learner’s emotional awareness and lead to them being more able to identify causes of anxiety before there is an incident, therefore enabling them to choose a calming strategy or enabling staff to remove the anxiety for them.

Staff involved in the main part of the incident should be given time to reflect on the incident in a calm atmosphere.  They may also like to discuss the incident with a senior member of staff or team teach colleague/tutor.  All staff should have the opportunity to suggest alternative strategies that may be considered in future incidents and consideration should also be given to a bespoke positive handling plan for that learner.

All incidents of physical intervention will be reported to parents/carers via letter and/or telephone call home.  In the event that the school feels that passing the information onto parents might lead to more harm to the learner concerned the school will follow local/school safeguarding procedures.

Good Practice

Recommended Review and Monitoring Practice

Following the detailed recording of a serious incident, good practice dictates that the Headteacher  or senior member of staff should:

• read all accounts of the incident;
• interview all staff (both teaching and support) and learners who witnessed the incident;

• discuss the incident with the learner or learners who were directly involved.  It is important that learners be provided with the opportunity of giving their own version of events, particularly in cases of divergent opinion or fact, and they should be encouraged, if necessary helped, to prepare a written statement;
• ensure that parents/carers or other persons with parental responsibility (such as social workers) have been informed of all relevant facts;

• ensure that the LEA and the Governing Body have had the incident drawn to their attention;
• ensure that all concerned are aware of their rights of complaint; and
• review school policies and consider if they sense the best interest of all parties and whether alternative policies or change to the existing policy need to be considered.

Allegations Against Staff

Allegations will always be taken seriously, and we will ensure that allegations are dealt with quickly, in a fair and consistent way, that provides effective protection for the learner and supports the person who is the subject of the allegation.  However, sanctions may be taken against learners who are found to have made malicious accusations against school staff.  When a complaint is made the onus is on the person making the complaint to prove that his/her allegations are true – it is not for the member of staff to show that he/she has acted reasonably.  Suspension must not be an automatic response when a member of staff has been accused of using excessive force.  If a decision is taken to suspend a teacher, the school should ensure that the teacher has access to a named contact who can provide support.

Complaints Procedures

After an incident in a school, there is always the possibility of formal complaint.  A number of persons might feel aggrieved by the incident, whether they be learners, parents/carers, teachers, other employees, or even visitors to the school and members of the public.  Any of these persons can lodge a complaint and expect it to be investigated diligently and fairly.  Please refer to the Kepier Complaints Policy for further information/details.

References

Education Act 2011

Education and Inspections Act 2006.

Behaviour and Discipline inclusive of use of reasonable force in schools - Sept 2012.

 Use of Reasonable Force - Advice for head teachers, staff and governing bodies July 2013.

 Behaviour and discipline in schools Advice for headteachers and school staff, January 2016.

Kepier Positive Handling Plan

Appendix 3

Uniform Expectations

The Kepier uniform consists of:

• blue blazer with logo;                                                                 Available from
• charcoal grey trousers;                                                               Emblematic
• clip on tie (band of colour to represent year group);

• white long or short sleeve shirt with collar; and

• black leather shoes.

PE has a uniform which must be purchased from Total Sport.

We will continue to identify learners by a band of colour, this will be placed on the tie.  From September 2023, the following colours will be associated with each year group:

Year 7 - Orange

Year 8 – Purple

Year 9 – Red

Year 10 – Yellow

Year 11 – Green

Hair styles and colour should be natural.

Makeup, including fake tan, should not be worn to school.

Nails should be of a natural colour and length to facilitate practical elements of the curriculum safely.

Footwear

All Learners must wear a black formal leather school shoe.

Uniform can be purchased direct from emblematic.co.uk