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

• Planned or deliberate entry onto the school site without permission

• Returning to site during a suspension or exclusion in defiance of a clear instruction

• Entering a restricted or sensitive area such as staff offices, site manager areas, examination spaces, or areas containing confidential information

• Trespassing with the intention of intimidating, confronting, threatening, stealing, damaging property, or facilitating another serious incident

• Refusal to leave when directed by staff

• Involving others in a planned trespass

• Trespass linked to disruption of the school day or compromise of school safety

B – Medium culpability

• Deliberate unauthorised entry onto the school site without significant planning

• Entering a part of the school site where the pupil knew they were not allowed to be

• Remaining on site after being told to leave, but without serious threat or linked offending

• Trespass carried out with some awareness that the behaviour was likely to cause concern or disruption

• Incident falling between categories A and C

C – Lesser culpability

• Limited awareness of the seriousness of entering without permission

• Spontaneous or impulsive behaviour with little or no planning

• Entering the site or a restricted area without fully understanding boundaries, but where rules had still been breached

• Pupil’s responsibility substantially reduced by age, immaturity, learning difficulty, or personal circumstances

• Involved through coercion, intimidation, or exploitation by others

• Brief presence on site with prompt compliance when challenged

​

Harm

​

Harm 1​

• Significant safeguarding or security risk created

• Serious distress caused to staff, pupils, or visitors

• Serious disruption to the school day, examinations, pastoral provision, or site safety

• Access to sensitive, confidential, or high-risk areas

• Trespass linked to threatening behaviour, intimidation, theft, damage, or another serious incident

• Serious reputational impact on the school

Harm 2

• Clear concern or distress caused to staff or pupils

• Moderate disruption to school routines or staff time

• Access to an area where the pupil should not have been, but without the most serious consequences

• Harm falling between categories 1 and 3 because:

• factors are present in 1 and 3 which balance each other out and/or

• the harm falls between the factors described in 1 and 3

Harm 3

• Limited disruption or concern caused

• No access to highly sensitive areas

• Incident brought under control quickly

• Minimal impact on the wider school community

• Little or no lasting harm caused

​​

 

Step 2 – Starting point and category range

​

​

 

 

​

 

 

 

 

 

 

 

 

 

​

 

 

 

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.

​

​

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.

 

Where the trespass forms part of a wider incident, headteachers should consider whether this guidance should be used alongside other relevant sections of Sanction Guidelines, for example threatening behaviour, theft, damage to property, or possession of a weapon.

​

Factors increasing seriousness (Aggravation Factors)

• Previous similar incidents or repeated disregard of site boundaries or school rules

• Returning to site during a suspension, exclusion, or after a clear direction not to return

• Trespass during the school day when large numbers of pupils are present

• Entering the site with others or encouraging others to join

• Entering a restricted area linked to safeguarding, confidential records, exams, or staff welfare

• Failure to leave when directed by staff

• Attempts to conceal identity, actions, or purpose

• Incident causes significant staff time, alarm, or need for additional security measures

• Trespass linked to intimidation, confrontation, theft, damage, or other misconduct

• Presence of younger pupils or vulnerable pupils at the time of the incident

• Recording, sharing, or posting the incident on social media

• Impact on the reputation of the school

Factors reducing seriousness or reflecting personal mitigation

• No previous similar incidents or no relevant/recent incidents

• Immediate compliance when challenged

• Genuine remorse

• Good character and/or exemplary conduct

• Limited understanding due to age and/or lack of maturity

• Additional Learning Needs

• Isolated incident

• Clear evidence that the pupil did not intend to cause fear, harm, or disruption

• Family circumstances

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

​

Step 4 – Adjust starting point and category range

​

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