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Thinking Man on Couch
Making False Allegations

This offence may apply where a pupil knowingly makes, repeats, supports, or encourages an allegation that is false, misleading, or untrue, and where that allegation causes or is likely to cause harm to another pupil, member of staff, or the wider school community.

Step 1 – Determining the offence category

Not every unproven allegation is a false allegation. Headteachers should distinguish carefully between a deliberately false account and a report that is mistaken, confused, influenced by others, or made in distress.

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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

  • Deliberate and clearly false allegation

  • Significant degree of planning, coaching, or premeditation

  • Allegation serious in nature

  • Allegation directed at a member of staff

  • Allegation directed at a vulnerable pupil or vulnerable adult

  • Repeated false allegation after earlier opportunities to withdraw or correct the account

  • Encouraging others to support or repeat the false allegation

  • False allegation made with the intention of getting another person into serious trouble

  • False allegation linked to revenge, intimidation, bullying, or hostility

  • Use of social media, group messaging, or public circulation to spread the allegation

  • Leading role in a group incident

B – Medium culpability

  • Deliberate false allegation without significant planning

  • Some awareness that the allegation was untrue or misleading

  • Allegation likely to cause real concern or disruption, but not at the highest level

  • Supporting or repeating a false allegation started by others

  • Lesser role in group activity

  • Incident falling between categories A and C

C – Lesser culpability

  • Limited maturity, understanding, or awareness of the consequences

  • Spontaneous allegation with little or no planning

  • Account influenced by coercion, intimidation, pressure, or exploitation by others

  • Significant confusion, panic, or emotional distress at the time of the allegation

  • Limited role in a wider group incident

  • Partial or early retraction

  • Responsibility substantially reduced by age, immaturity, learning difficulty, or personal circumstances

Harm

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Harm 1

  • Serious consequences for an innocent party as a result of the allegation

  • Serious reputational damage to a pupil, member of staff, or the school

  • Serious psychological or emotional distress caused to an innocent party

  • Significant safeguarding, disciplinary, or operational consequences

  • Major disruption to school systems, staffing, or leadership time

  • Serious breakdown in trust within the school community

  • Risk of external agency involvement based on the false allegation

Harm 2

  • Suspicion cast upon an innocent party as a result of the allegation

  • Clear distress, worry, or embarrassment caused to an innocent party

  • Noticeable disruption to the school’s investigation, staffing, or routines

  • 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 distress caused to an innocent party

  • Limited impact on the school’s routines or investigation

  • Allegation corrected or withdrawn before significant consequences followed

  • Minimal 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 the false allegation is serious in nature, directed at a member of staff, involves grooming others into the allegation, or causes major harm to an innocent party, headteachers should consider whether the incident is sufficiently serious to justify a high-end fixed-term exclusion or permanent exclusion.

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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)

 

  • Previous similar behaviour or pattern of malicious reporting

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

  • Time elapsed since previous offences

  • Allegation directed at a member of staff or vulnerable pupil

  • Seriousness of the allegation made

  • Deliberate attempt to damage another person’s reputation

  • Repetition of the allegation after opportunities to correct or withdraw it

  • Encouraging others to repeat, support, or circulate the allegation

  • Use of social media, screenshots, posts, or group chats

  • Significant staff time or leadership time required to investigate

  • Impact on trust, relationships, or safeguarding processes

  • Refusal to accept responsibility after clear evidence is presented

  • False allegation made in retaliation for a sanction, dispute, or grievance

  • Wider reputational damage to the school

Factors reducing seriousness or reflecting personal mitigation

  • No previous similar offences or no relevant/recent offences

  • Early admission, retraction, or correction

  • Genuine remorse

  • Good character and/or exemplary conduct

  • Limited understanding of the likely consequences

  • Age and/or lack of maturity

  • Learning difficulties or Additional Learning Needs

  • Evidence of coercion, intimidation, or manipulation by others

  • Emotional distress at the time of the allegation

  • Family circumstances


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.

 

Where the allegation is serious, deliberate, repeated, or directed at a member of staff or vulnerable person, and where the impact on the innocent party or the school is substantial, an upward adjustment is likely to be appropriate.

Where the incident involves lower harm, early retraction, genuine remorse, limited maturity, or clear evidence of pressure from others, a downward adjustment may be appropriate.

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