School Rules, Discipline and Complaints Procedure

Headteachers are responsible for the maintenance of discipline and good order within their school, for determining the standards of behaviour which are to be regarded as acceptable at the school, and for ensuring that these standards are consistently and fairly applied throughout the school.

Each SCE School has a written behaviour policy, which will have been determined after consultation with all school staff and agreed by the School Governance Committee. The key elements of the school policy are to be found in the school prospectus. Headteachers and teachers have legal authority to impose reasonable punishment where necessary.

Where punishment is necessary, the following general rules will be observed:

• humiliating or degrading punishments will not be used
• punishments should be in proportion to the offence
• the punishment of whole groups for the activities of individuals should be avoided unless there are exceptional circumstances
• ringleaders should be picked out where appropriate
• individuals should not be made scapegoats for the activity of a class or group

School Rules

The Headteacher is responsible for making school rules. The content and scope of school rules is not prescribed but may include matters such as dress, wearing of jewellery and standards of behaviour.

School rules will always be reasonable, and will be determined after appropriate consultation, which will include consultation with the School Governance Committee.

Rules will be made known to all pupils, parents and staff, and included in the school prospectus. Published school rules may be enforced even when they do not necessarily meet with parental approval.

Detention

Detention after school is a lawful punishment, even in the absence of parental consent, provided that:

• parents have been informed that detention is one of the disciplinary sanctions used by the school
• the detention is imposed by the headteacher or another teacher authorised by the headteacher to do so
• at least 24 hours' notice of the detention has been given to the parent in writing
• the detention is reasonable in all the circumstances

The teacher giving the detention will have regard to any special circumstances in individual cases including:

• the age of the child
• any special needs which the child may have
• any extra risks to the child
• any religious requirements
• whether the parent can make suitable arrangements to get the child home from school after detention.

Entitlement to school transport does not of itself exempt a pupil from detention. All SCE Schools keep a written record of all detentions.

Confiscation

Teachers have authority to confiscate pupils' property where this is reasonable, for example, if a pupil is in possession of a dangerous item or an item forbidden by school rules.

Articles of little value will be returned no later than the end of the week in which they are confiscated. Articles of value will be returned by the end of the school day on which they are confiscated.

Articles which the pupil should not possess, e.g. cigarettes, will normally be returned direct to the pupil's parent/carer. School staff will always take reasonable care of confiscated property

Corporal Punishment

As in England and Wales corporal punishment is unlawful in SCE schools and Early Years Foundation Stage settings.

Corporal punishment is defined as physical contact which is deliberately intended to punish a child, or which is primarily intended to cause pain or injury or humiliation. It includes smacking and rough handling as well as the use of a cane or other instrument to inflict pain.

Power to Restrain Pupils

In rare instances, it may be necessary for a member of staff to restrain a pupil. SCE policy and guidance on the use of restrictive physical interventions is contained in the SCE Inclusion File. This confirms that force should only be used as a last resort, and only by staff who are authorised by the headteacher to do so.

A member of school staff authorised to do so by the headteacher may use such force as is reasonable in the circumstances to prevent a pupil from doing any of the following:

• committing a criminal offence
• injuring themselves or others
• causing damage to property (including the pupil's own property)
• engaging in any behaviour prejudicial to maintaining good order and discipline at the school or among any of its pupils, whether that behaviour occurs during a teaching session or otherwise

In these circumstances the intervention does not amount to corporal punishment. A record is kept by each SCE School of all instances where restrictive physical intervention is used.

Exclusion

The power to exclude a pupil may only be exercised by the headteacher or, exceptionally, by the deputy headteacher or acting headteacher where he / she is acting in the headteacher's absence. A decision to exclude a pupil will only be taken:

• in response to serious breaches of a school’s behaviour policy
• if allowing the pupil to remain in school would seriously harm the education or welfare of the pupil or others in the school

Exclusion will not be imposed in the heat of the moment, unless there is an immediate threat to the safety of others in the school or the pupil concerned.

Before deciding whether to exclude a pupil, either permanently or for a fixed period, the headteacher will ensure that a thorough investigation has been carried out and will, within the context of SCE, take into account the guidance on exclusions issued by the Department for Education and Skills.

Length and type of exclusion

Exclusions may be either for a fixed period or, in extreme cases, permanent. The duration of a fixed period exclusion will be decided by the headteacher, and should be for the minimum period needed to ensure that the pupil and others in the school understand that the behaviour has been unacceptable.

Fixed period exclusions lasting from one to three days will usually be appropriate. Where fixed period exclusions are repeated, the headteacher may not exclude a pupil for more than 45 school days in aggregate in any school year. Exclusions may not be given for an unspecified period, for example until a meeting can be arranged.

It is neither possible nor desirable to prescribe every incident where exclusion would or would not be an appropriate response. This is a matter for the professional judgement of the headteacher. However, exclusion will not be used for:

• minor incidents such as failure to do homework or to bring dinner money
• poor academic performance
• lateness or truancy
• pregnancy
• breaches of school uniform rules, or rules on appearance (for example, relating to jewellery, body-piercing, hairstyles etc), except where these are persistent and in open defiance of such rules
• punishing pupils for the behaviour of their parents, for example where parents refuse, or are unable, to attend a meeting

Continuity of education

The school’s obligation to provide education continues while the pupil is on the roll, and must be met during a fixed term exclusion. In all cases of more than a day’s exclusion, work will be set and marked.

Notification to parents

Whenever a Headteacher excludes a pupil, the parents will be notified immediately, ideally by telephone followed up by a letter within one school day. Letters of notification of exclusion will state:

• for a fixed period exclusion, the date and time when the pupil should return to school
• for a permanent exclusion, the fact that it is a permanent exclusion and the date that the exclusion takes effect
• the reason(s) for the exclusion
• the arrangements made for enabling the pupil to continue his or her education, including the setting and marking of work. It is the parents’ responsibility to ensure that the work sent home is completed and returned to school
• the parents' right to make representations about the exclusion to a sub-committee of the SGC and the process.     

Parent Responsibilities and Home-school Agreements

All parents have entitlements under education law and have the right to be involved in major decisions affecting their child’s education. The rights of parenthood do not cease if the parents separate or divorce unless the child is adopted.

Parents of a child of compulsory school age must ensure that he/she receives efficient full-time education and parents whose child is on a school register have a duty to ensure that their child attends regularly.

Responsibilities of parents / carers and home-school agreements

The School Standards and Framework Act 1998 set out that: “All maintained schools, city technology colleges and city colleges for the technology of the arts adopt a home-school agreement and associated parental declaration”. SCE schools also adopt home-school agreements with parents.

Home-school agreements are reviewed from time to time by the School Governance Committee in consultation with parents. On the admission of a child to school, parents of all children of compulsory school age are invited to sign the home-school agreement to confirm that they understand and accept the contents of the agreement. There is, however, no obligation to sign the agreement and the child’s admission will not be refused if parents are unwilling to sign it.

A home-school agreement is a statement explaining:

• the school's aims and values the school's responsibilities towards its pupils who are of compulsory school age
• the responsibilities of the pupil's parents
• what the school expects of its pupils

Complaints Procedure

At the first stage, the matter will be dealt with by the class teacher or pastoral teacher. If unresolved at that stage, the matter may be referred the Headteacher. If unresolved at that stage, the matter may be referred to a sub-committee of the School Governance Committee. Within this framework, each school will have its own procedure for dealing with complaints from pupils. This will be described and set out in a way which is accessible to pupils.