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Threatening Behaviour
Abusive Language

This offence may apply where a pupil uses words, gestures, conduct, or other behaviour to threaten, intimidate, abuse, harass, or seriously upset another pupil, member of staff, or other member of the school community.

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.

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A – High culpability

  • Direct threat of violence or serious harm

  • Targeting of an individual by a group, or targeting of a member of staff

  • Racial, discriminatory, misogynistic, homophobic, transphobic, disability-related, or other hate-related abuse

  • Sustained or repeated threatening or abusive behaviour

  • Use of substantial verbal abuse

  • Significant intimidation, fear, or humiliation caused

  • Significant disturbance to lessons, the school day, or the wider school environment

  • Unprovoked behaviour

  • Behaviour intended to undermine, control, or seriously distress another person

  • Aggressive gestures, posturing, or conduct accompanying the words used

  • Behaviour carried out publicly or in front of others in a way likely to increase humiliation or alarm

B – Medium culpability

  • Deliberate threatening or abusive behaviour without the highest level of seriousness

  • Behaviour involving non-contact but clearly intimidating conduct

  • Directed at a member of staff or another pupil

  • Some deliberate targeting, but without the most serious features of category A

  • Lesser role in group activity

  • Repeated swearing, abuse, or hostility after warning or intervention

  • Incident causing clear upset, alarm, or disruption, but not at the highest level

  • Incident falling between categories A and C

C – Lesser culpability

  • Indirect foul or abusive language

  • Language or behaviour not heard directly by the targeted member of staff or pupil

  • Lower-level disturbance

  • Isolated and short-lived behaviour

  • Impulsive behaviour with limited evidence of planning or sustained intimidation

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

  • Involved through coercion, intimidation, or exploitation by others

  • Behaviour arising in the context of provocation

  • Quick de-escalation once challenged

Harm

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Harm 1

  • Serious psychological harm and/or substantial impact upon the victim

  • Direct verbal threat towards a member of staff or pupil

  • Serious fear, intimidation, humiliation, or distress caused

  • Serious impact on a victim’s sense of safety in school

  • Serious disruption to learning, staff wellbeing, or the orderly running of the school

  • Serious wider impact on pupils or staff who witnessed the incident

Harm 2

  • Indirect verbal threat towards a member of staff

  • Harm falling between categories 1 and 3 because:

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

    • Harm falls between the factors described in 1and 3

Harm 3

  • Some psychological harm or upset with limited impact upon the victim

  • Lower-level fear, distress, or embarrassment caused

  • Limited wider disruption once the incident was brought under control

  • No lasting significant impact on the wider school community

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

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aving 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 school’s 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

Where threatening or abusive behaviour involves direct threats of violence, discriminatory abuse, serious intimidation, sustained targeting, or abuse directed at a member of staff, headteachers should consider whether the incident is sufficiently serious to justify a high-end fixed-term exclusion or permanent exclusion.

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Where the behaviour forms part of a wider incident, headteachers should consider whether this guidance should be used alongside other relevant sections of Sanction Guidelines, for example assault, bullying, social media and online offences, false allegations, or possession of an offensive weapon.

 

Factors increasing seriousness (Aggravation Factors)

 

  • Previous similar offences, having regard to:

  • the nature of a previous offence and its relevance to the current offence; and

  • the time elapsed since the previous offence

  • Verbal threat of harm to a member of staff or pupil

  • Behaviour directed towards a member of staff

  • Threatening or abusive behaviour in the presence of others, especially younger pupils or the general public

  • Taking a lead role in a group incident

  • Behaviour involving discriminatory, racist, sexist, or hate-related language

  • Behaviour intended to humiliate, intimidate, or undermine another person publicly

  • Failure to comply with previous school sanctions

  • Attempts to conceal involvement or unwillingness to admit to the offence

  • Persistent pattern of similar behaviour

  • Incident linked to retaliation, bullying, or another wider offence

  • Impact on the reputation or orderly running of the school

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Factors reducing seriousness or reflecting personal mitigation

  • No previous similar offences or no relevant or recent offences

  • Genuine remorse

  • Good character and/or exemplary conduct

  • Isolated incident

  • Early admission and cooperation

  • Age and/or lack of maturity

  • Learning difficulties or Additional Learning Needs

  • Family circumstances

  • Evidence of provocation, while recognising that provocation does not excuse the behaviour

  • Limited role in a wider group incident


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.

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