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

• A leading role where offending is part of a group activity

• Sophisticated nature of offence/significant planning

• Significant use or threat of force

• Value of the stolen item has sentimental or high monetary value

B – Medium culpability

• Some planning

• Recklessness as to whether property was taken

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

1. Factors are present in A and C that balance each other out and/or the offender’s culpability falls between the factors described in A and C

C – Lesser culpability

• No threat or force used

• Offence committed on impulse

• Involved through coercion or intimidation 

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Harm

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Harm 1

• Violence used/serious violence threatened against the victim

• Substantial physical or substantial emotional or other impact on the victim

• Theft of/damage to property causing a substantial degree of loss to the victim (personal value)

• Extensive damage or disturbance to property

• Offence committed in the context of public disorder

Harm 2

• Violence threatened but not used against the victim 

• Moderate physical or emotional impact on the victim

• Theft of/damage to property causing a moderate degree of loss to the victim (personal value)

• Moderate damage or disturbance to property

Harm 3

• Limited physical or emotional impact on the victim

• Nothing stolen or only property of low value to the victim 

• Limited damage or disturbance to property

 

Step 2 – Decide the initial 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.

 

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.

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Factors increasing seriousness (Aggravation Factors)

• Other similar disregard of school rules in recent weeks

• Previous similar incidents, having regard to the nature of 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 the economic or sentimental or personal value)

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

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.

 

The following is at the school’s discretion and policy 

Damage above a threshold of £50 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 in step 2 and increase punishment. Family financial circumstances could also be taken into consideration.