UNDERSTAND POLICIES AND PROCEDURES FOR PRMOTING CHILDEN AND YOUNG PEOPLE’S BEHAVIOR
1.1 SUMMARISE THE POLICIES AND PROCEDURES OF THE SETTING RELEVANT TO PROMOTING CHILDREN AND PEOPLE’S POSITIVE BEHAVIOUR
When managing pupil’s behavior, all staff will need to be aware of school policies.
The majority of children/young people do not present challenging behavior, and they attend a range of educational settings in environments which are conducive to learning appropriate behaviors. It is essential to ensure that behavior which does not meet school/setting’s expectations, is responded to through management strategies that do not rely upon any form of physical or abusive intervention.
The aim of this Procedure is:
• To promote positive behavior management in school and educational settings • To help school and educational settings understand what the law means for them in practical terms and provide staff with advice on good practice • To protect the interest and well being of children and young people for whom staff have a shared responsibility • To protect staff in the fulfillment of their responsibilities to children/young people and reduce the likelihood of actions by staff being challenged in the courts. • To protect the Local Authority who ultimately has responsibility for the actions of its staff
The ethos of the school/setting is vital to the way in which children and young people perceive themselves as part of the school/setting community. It will determine the extent to which children and young people feel they belong to the community and as a result impact on all aspects of behaviour.
A key factor in successful school/educational settings is the provision of an effective curriculum appropriately differentiated to stimulate and engage all children and young people. Where this is achieved in conjunction with the provision of an effective personal and social education curriculum it is more likely that a calm and orderly learning environment will exist.
The main piece of legislation is the Education and Inspections Act 2006 (Part 7). This replaces earlier guidance including DFES Circular 10/98, “The Use of Force to Control or Restrain Child/young persons”, and came into force on 1 April 2007.
The Act clarifies and as appropriate strengthens schools’ powers to discipline, reducing the risk of misunderstandings and challenges to their disciplinary authority, including new provisions on school behaviour policies, the power to discipline, detention and confiscation.
Main changes to the guidance
Power to discipline Section 91 - the power to discipline
• Teachers and certain other school staff now have a statutory “power to discipline” pupils for breaches of school rules, failure to follow instructions or other unacceptable conduct. Previous authority was under the common law principle of “loco parentis”; • The head teacher may limit the power to apply particular sanctions to certain staff • and / or extend the power to discipline to adult volunteers.
Outside school premises Section 89
• Schools have a statutory power to regulate the behavior of pupils when off school premises and not supervised by school staff • Regulation must be reasonable. Schools should be clear about the factors they take into account in deciding whether a rule or sanction is reasonable.
Confiscation Section 94 – confiscation
• Schools can include confiscation of pupils’ property as a disciplinary sanction in their behavior policy. • To be lawful, confiscation must be a reasonable sanction in the circumstances of the particular case. • Decisions about retention and disposal of confiscated property must also be reasonable in the circumstances of the particular case. • The Education and Inspections Act 2006 includes a specific statutory defense for...