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

• Possession of a bladed article

• Possession of a highly dangerous weapon

• Offence motivated by, or demonstrating hostility based on any of the following characteristics or presumed characteristics of the victim: religion, race, disability, sexual orientation or transgender identity

B – Medium culpability

• Possession of weapon (other than a bladed article or a highly dangerous weapon) – used to threaten or cause fear

C – Lesser culpability

• Possession of weapon (other than a bladed article or a highly dangerous weapon) – not used to threaten or cause fear

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Harm

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Harm 1

• Serious psychological harm and/or substantial impact upon victim

• Serious threat towards a member of staff

• Threat made in an enclosed area

• Threat made in the presence of vulnerable or younger pupils

Harm 2

• Indirect verbal threat towards a member of staff or pupil

• 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 and/or substantial impact upon victim

• No serious threat towards a member of staff

• No direct threat was made to use the article or weapon

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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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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 previous offence

• Verbal threat of harm to a member of staff

• Threat of harm towards a victim through the Possession of a weapon

• In school or while in school uniform

• In the presence of others, especially smaller children or the general public

• Taking a lead role in a large group

• Failure to comply with previous school sanctions

• Attempts to conceal or unwilling to admit to the offence 

• Persistent 

• Reputation of the school

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Factors reducing seriousness or reflecting personal mitigation

• No previous similar offences or no relevant or recent offences

• Remorse

• Good character and/or exemplary conduct

• Isolated incident

• Age and/or lack of maturity

• Learning difficulties

• 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.