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Promoting positive behaviour and early intervention

Introduction
1. In most cases permanent exclusion will be the last resort after a range of measures have been tried to improve the pupil's behaviour. In schools and LAs a range of strategies should be in place to address the bad behaviour which may lead to exclusion. Head teachers should be able to refer pupils identified as at risk of permanent or fixed period exclusion to alternative or additional provision to meet their individual needs, which could include working in partnership with other agencies. Many such strategies have proved successful, with few pupils going on to be excluded. The school continues to be responsible for these pupils unless they are permanently excluded.

Managing behaviour in schools
2. Schools must have policies, procedures and staff training in place that promote good behaviour and prevent poor behaviour. These behaviour policies must be widely publicised so that pupils, all school staff and parents are aware of the standards of behaviour expected of pupils and the range of sanctions that can be imposed. Schools must apply their behaviour policies in a consistent, rigorous and non-discriminatory way and all areas of their application must be monitored routinely to satisfy legal requirements under race, disability and gender discrimination law. The Department has issued new guidance on school discipline and pupil behaviour policies (see related documents and websites).

3. For more information on secondary behaviour management strategies please see the National Strategy for School Improvement: Behaviour and Attendance Strand Toolkit (see related documents).

4. For more information on primary behaviour management strategies please see the National Strategy for School Improvement: Behaviour and Attendance Strand publications on school self improvement and staff development (see related documents).

5. Effective policies, procedures and training minimise the number of pupils at risk of either permanent or fixed period exclusion. For those at risk, additional measures could include:

  • The school engaging with parents
  • A change of teaching set or class
  • Curriculum alternatives at Key Stage 4, including attendance at a further education college or another form of alternative provision
  • Temporary placement in an in-school Learning Support Unit as part of a planned positive programme for pupils
  • Temporary or part-time placement in a Pupil Referral Unit (or with the Pupil Referral Service), where they are able to provide preventative programmes and where it is felt to be more appropriate for the pupil to be away from the school site for a while
  • A managed move to another school, with the consent of all parties involved; this can be successful for pupils at risk of exclusion and as an alternative to permanent exclusion (see paragraph 9d)
  • Consideration by the Special Educational Needs Co-ordinator (SENCO), with colleagues, of possible interventions within the school
  • Assessment of Special Educational Needs, including possible placement in a special school
  • Allocation of a key worker such as a Learning Mentor, Connexions Personal Adviser, Education Welfare Officer or member of a Behaviour and Education Support Team
  • Referral to a specific support service, such as the Education Welfare Service, Children's Services or the Child and Adolescent Mental Health Service

6. Many schools find Pastoral Support Programmes (PSPs) useful to help pupils better manage their behaviour. A PSP will normally involve a number of interventions such as those listed in paragraph 5. It is particularly appropriate for those pupils whose behaviour is deteriorating rapidly. Guidance on PSPs is available on the Department's website (see related documents). Whether or not there is a PSP in place, LAs should where possible provide active support for head teachers who are considering a permanent exclusion. This may involve looking at alternatives to exclusion.

7. The LA should be fully involved in any measures involving out-of-school services. Some LAs have successfully reduced the need for exclusion by establishing Pupils at Risk Panels. These panels, which are usually managed by head teachers, consider referrals of pupils at risk of exclusion and make recommendations for school-level action and support from LA and other services.

8. The behaviour of pupils at risk of exclusion is sometimes driven by complex combinations of social, emotional and health problems, so the involvement of LA and other services should be co-ordinated. Multi-agency teams such as Behaviour and Education Support Teams are an effective way of doing that.

Alternatives to exclusion
9. A number of options may be available to head teachers/teachers in charge in response to a serious breach of behaviour policy:

a) restorative justice, which enables the offender to redress the harm that has been done to a 'victim', and enables all parties with a stake in the outcome to participate fully in the process. This has been used successfully to resolve situations that could otherwise have resulted in exclusion. All the professionals need to be thoroughly involved in the process and this can only work with the consent of all parties; further information is available from the Youth Justice Board (see related documents);

b) mediation through a third party, usually a trained mediator, is another approach that may lead to a satisfactory outcome, particularly where there has been conflict between two parties, e.g. a pupil and a teacher, or two pupils;

c) internal exclusion which can be used to defuse situations that occur in school that require a pupil to be removed from class but may not require removal from the school premises. The internal exclusion could be to a designated area within the school, with appropriate support and supervision, or to another class on a temporary basis, and may continue during break periods. Internal exclusion should be for the shortest time possible and should be subject to review. Learning Support Units should not be used to provide internal exclusion (further guidance on using internal exclusion is available) and

d) managed move to another school to enable the pupil to have a fresh start in a new school. The head teacher may ask another head teacher to admit the pupil. This should only be done with the full knowledge and co-operation of all the parties involved, including the parents, governors and the LA, and in circumstances where it is in the best interests of the pupil concerned. In order fully to address the pupil's difficulties it may be helpful for schools within an area to have a protocol in place and to have a full support package in place for the pupil. Parents should never be pressured into removing their child from the school under threat of a permanent exclusion, nor should pupils' names be deleted from the school roll on disciplinary grounds unless the formal permanent exclusion procedures set out in statute and in this guidance have been adhered to or unless a managed move has been agreed by all the relevant parties (see section on unofficial exclusions in paragraphs 25-27 of this guidance).

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