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Persistant Poor Behaviour

This offence may apply where there is a repeated pattern of poor behaviour over time, whether through frequent disruption, repeated defiance, repeated breaches of the behaviour policy, or ongoing conduct that undermines the education or welfare of others.

This guidance is particularly relevant where earlier interventions and sanctions have not brought about improvement.

Step 1 – Determining the offence category

You should determine the offence category with reference only to the factors in the tables below. In order to determine the category, you should assess culpability and harm.

 

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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

  • Persistent and prolonged pattern of poor behaviour over time

  • Repeated refusal to follow reasonable instructions from staff

  • Behaviour having a serious impact on the learning, safety, or wellbeing of others

  • Repeated behaviour directed at a member of staff

  • Repeated racist, discriminatory, abusive, or threatening behaviour

  • Significant disruption across more than one lesson, area, or part of the school day

  • Clear failure to respond to multiple previous interventions and sanctions

  • Behaviour showing deliberate defiance or disregard for school expectations

  • Conduct which has become entrenched despite clear support and warnings

  • Behaviour carried out publicly or in a way likely to undermine staff authority or school order

B – Medium Culpability

  • Repeated poor behaviour over a sustained period, but not at the most serious level

  • Behaviour causing regular disruption to learning or school routines

  • Repeated non-compliance with staff instructions

  • Behaviour involving some defiance, but not the highest level of seriousness

  • Pattern of behaviour affecting others or school systems without causing the most serious harm

  • Incident falling between categories A and C

C – Lower Culpability

  • Emerging pattern of repeated poor behaviour, but at a lower level

  • Behaviour that is persistent but less disruptive or harmful in nature

  • Poor behaviour that is out of character in the context of the pupil’s usual conduct

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

  • Behaviour influenced by coercion, intimidation, or exploitation by others

  • Some evidence that the pupil has engaged with support or shown partial improvement

  • Pattern present, but with lower-level impact overall

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Harm

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Harm 1

  • Serious impact on the learning, safety, or wellbeing of others

  • Serious or repeated disruption to lessons, pastoral systems, or the wider school day

  • Serious emotional or psychological impact on staff or pupils

  • Sustained undermining of staff authority

  • Repeated behaviour causing significant concern across the school community

  • Serious damage to the school’s climate, order, or reputation

Harm 2

  • Clear and repeated disruption to learning or school routines

  • Ongoing distress, frustration, or concern caused to staff or pupils

  • Noticeable impact on staff time, lesson quality, or behaviour systems

  • 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

  • Lower-level but repeated disruption

  • Limited distress or inconvenience caused to others

  • Some impact on learning, routines, or relationships, but not at a serious level

  • Limited wider impact on the school community

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Step 2- Starting point and category range​​​​​​

 

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The starting point applies to all offenders irrespective of personal circumstances or previous exclusions. It is at the school’s discretion how many exclusion days are served externally and internally within each category.

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Where persistent poor behaviour reflects a long-standing pattern, headteachers should take into account not just the latest incident, but the cumulative impact of the behaviour over time, including its effect on learning, staff, other pupils, and the orderly running of the school.

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Step 3 – Take into account 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 that provide the context of the offence and factors relating to the offender.

 

State whether any combination of these or other relevant factors, should lead to an upward or downward adjustment of the starting point of the punitive action.

 
Increasing Severity Factors (Aggravating Factors)

  • Previous similar offences or repeated breaches of the behaviour policy

  • Nature of previous offences and their relevance to the current behaviour

  • Time elapsed since previous offences

  • Failure to respond to pastoral support, behaviour plans, mentoring, or other interventions

  • Repeated refusal to comply with reasonable instructions from staff

  • Behaviour directed towards a member of staff

  • Behaviour taking place in lessons, around vulnerable pupils, or in public areas of the school

  • Racist, discriminatory, abusive, or threatening elements

  • Taking a lead role in group disruption or negative peer influence

  • Repeated internal exclusion, suspension, or sanction history

  • Attempts to conceal behaviour or avoid accountability

  • Persistent poor behaviour despite clear warnings and opportunities to improve

  • Significant impact on the learning or welfare of others

  • Damage to the reputation of the school

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Factors that reduce the severity or reflect personal mitigation

  • No relevant or recent similar offences

  • Genuine remorse

  • Good character and/or exemplary conduct in other areas

  • Evidence of engagement with support and some improvement

  • Isolated escalation within an otherwise improving picture

  • Age and/or lack of maturity

  • Learning difficulties or Additional Learning Needs

  • Family circumstances

  • Evidence that the behaviour is linked to unmet needs already being addressed by the school

 

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

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Step 4 – Adjust the starting point and category range

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Where persistent poor behaviour shows a clear pattern of repeated disruption, defiance, and failure to respond to support or sanctions, an upward adjustment is likely to be appropriate.

 

Where there is evidence of limited harm, emerging improvement, genuine remorse, or significant personal mitigation, a downward adjustment may be appropriate.

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