Culpability

The level of culpability or blame is worked out by looking at all the factors involved in the incident. If there are elements that point to different levels of blame, you should weigh these up carefully and give the most relevant ones the right amount of importance to reach a fair judgement about the person’s level of responsibility.

A – High culpability

• A leading role where offending is part of a group activity

• Sophisticated nature of the offence/significant planning

• Significant impact on mental and emotional wellbeing

• Conduct intended to maximise fear or distress

• Persistent action over a prolonged period

• Offence motivated by, or demonstrating, hostility based on any of the following characteristics or presumed characteristics of the victim: age, sex, disability, sexual orientation or transgender identity

B – Medium culpability

• Some planning

• Behaviour proved to be in response to another incident or falling out

• Conduct intended to cause some fear or distress

• Scope and duration of offence that falls between categories A and C

C – Lesser culpability

• Little or no planning; offence committed on impulse

• Pupil’s responsibility is substantially reduced by learning difficulties or personal circumstances

• Involved through coercion, intimidation or exploitation

• Offender’s responsibility is substantially reduced by a learning disability

• Conduct unlikely to cause significant fear or distress

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Harm

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Harm 1​

• Very serious distress caused to the victim

• Significant psychological and emotional harm caused to the victim

• Victim caused to make considerable changes to school life to avoid contact

Harm 2

• Some distress caused to the victim

• Some psychological harm caused to the victim

• Victim caused to make some changes to lifestyle to avoid contact

• Other cases that fall between categories Harm 1 and 3

Harm 3

• Limited distress or harm caused to the victim

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Step 2 – Starting point and category range

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Having identified the level of culpability and harm decide on a starting point within the category range above. The starting point applies to all offenders irrespective of personal circumstances or previous exclusions. It is at the schools’ discretion how many exclusion days are served externally and internally within each category.

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Step 3 – Take into consideration Aggravating and Mitigating factors

The school could consider any adjustment for any aggravating or mitigating factors. Below is a non-exhaustive list of additional factual elements providing the context of the offence and factors relating to the offender.

 

Identify whether any combination of these, or other relevant factors, should result in an upward or downward adjustment from the starting point of punitive action.

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Factors increasing seriousness (Aggravation Factors)

 

• The offender has relevant previous incidents of a similar nature

• The victim was particularly vulnerable

• Particularly violent or offensive material formed part of the harassment

• Serious emotional and psychological impact on the victim

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Factors reducing seriousness or reflecting personal mitigation

• No previous similar offences or no relevant or recent offences

• Remorse

• Good character and/or exemplary conduct

• Isolated incident

• Age and/or lack of maturity

• Learning difficulties

Safeguarding issues should be considered separately and are not necessarily mitigating factors.

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Step 4 – Adjust starting point and category range

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Having taken into consideration all aggravating and mitigating factors adjust starting point as deemed best fit.