Dealing with no diffinitive guidline for an offence

Where there is no definitive guideline for an offence, to arrive at a provisional punitive decision the school should take account of all of the following (if they apply):

1. Where possible the school should follow the stepped approach of any guideline below which best fits to help them arrive at a decision dealing with the offence.

2. The seriousness of the offence is assessed by considering the culpability of the offender and the harm caused by the offending.

3. The initial assessment of harm and culpability should take no account of previous behaviour

The school should consider which of the three purposes are seeking to be achieved through the punishment imposed.

1. Punishment of the offender/s

2. Protection of other pupils

3. Protection of staff

Aggravating and mitigating factors

Once a provisional decision is arrived at, the school should take into account factors that may make the offence more serious and factors which may reduce seriousness.

• Identify whether a combination of these or other relevant factors should result in any upward or downward adjustment from the provisional decision arrived at so far.

• It is for the headteacher to determine how much weight should be assigned to the aggravating and mitigating factors taking into account all of the circumstances of the offence and the offender.

• Not all factors that apply will necessarily influence the sanction.

Aggravating factors to be taken into consideration

• 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

• 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 poor behaviour leading up to the offence

 

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 (looked after child)

 

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