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.

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A – High culpability

• High degree of planning or premeditation

• Revenge attack

• Intention to cause very serious damage to property

• Intention to create a high level of disruption

B – Medium culpability

• Some planning

• Recklessness as to whether very serious damage caused to property

• Intention to cause serious damage to property

• Other cases that fall between categories A and C because:

  • Factors are present in A and C which balance each other out and/or

  • The pupil’s culpability falls between the factors described in A and C

C – Lesser culpability

• Little or no planning; offence committed on impulse

• Recklessness as to whether some damage to property caused

• Damage caused was of little value but intent was clear.

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Harm

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Harm 1

• Serious consequential damage to school property

• Serious consequential damage to school reputation

• Offence motivated by, or demonstrating, clear hostility to the school 

• Offence carried out in the presence of younger pupils causing damage to school reputation

Harm 2

• Some distressed caused to staff and the wider school community

• Other cases that fall between Harm 1 and 3

Harm 3

• Minor consequential damage to reputation and mental wellbeing

• Minor consequential damage to school reputation

• Minor distressed caused to younger pupils

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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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The following is at the school’s discretion and existing policy on ‘damage to school property’.

Damage above a threshold of £50 should be passed on to parents.

• £50 - £100  -Paid in full

• £100 - £150 -  60% contribution

• £150 - maximum £300 - 50%

 

Any damage above £300 will be taken into consideration as an aggravating factor at step 2 and increase punishment.

 

Family financial situation is taken into account prior to implementation

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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.

 

Factors increasing seriousness (Aggravation 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.

 

• Significant impact on the rest of the school such as a fire alarm 

• Other similar disregard of school rules in recent weeks taken into consideration

• Previous similar incidents, having regard to 

  • the nature of the any previous offence to which this incident related to and its relevance to

  • the time that has elapsed since the last incident

• Damaged items of great value to the victim (whether economic or sentimental or personal value

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Factors reducing seriousness or reflecting personal mitigation

• No previous similar incidents or no relevant/recent incidents

• Remorse

• Good character and/or exemplary conduct

• Additional Learning Needs

• Family circumstances

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

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Step 4 – Adjust starting point and category range

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