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.​

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

• Selling or distributing smoking / vaping paraphernalia to junior pupils, or actively encouraging others to possess or consume cigarettes or e-cigarettes

• Smoking or vaping carried out inside school buildings

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

• Sophisticated nature of the offence/significant planning

• Significant use of other pupils to hide vaping paraphernalia

B – Medium culpability

• Selling or distributing smoking / vaping paraphernalia to similar-aged pupils

• Part of a group activity 

• Recklessness as to whether much planning was involved

• Other cases that fall 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

​

Harm

​

Harm 1

• Serious consequential damage to the school's reputation

• Much distress caused to younger pupils

• Offence motivated by financial gain

Harm 2

• Some consequential damage to reputation and mental wellbeing

• Some distressed caused

• Other cases that fall between categories A and C

Harm 3

• Minor consequential damage to reputation

• Minor consequential damage to the school's reputation

• Minor distressed 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.

 

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.

Factors increasing seriousness (Aggravation Factors)

 

• Previous offences, having regard to the..

  • nature of an offence and its relevance to this current offence; and 

  • time elapsed since the previous offence

• Offence committed in class

• Offence committed in a public place in school uniform and bringing the school’s reputation into disrepute

• Offence committed in the presence of smaller children 

• Large quantity of paraphernalia

• Failure to comply with previous school sanctions

• Attempts to conceal or dispose of evidence

• Fire alarm activated - school evacuated

• Possession of Illegal vape 

​

Factors reducing seriousness or reflecting personal mitigation

• No previous similar offences or no relevant or recent offences

• Remorse

• Good character and/or exemplary conduct

• Demonstration of steps having been taken to address addiction or offending behaviour

• Isolated incident

• Age and/or lack of maturity

• Learning difficulties

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

​

Step 4 – Adjust the starting point and category range

​

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

​