The Government has updated its Behaviour in Schools: advice for headteachers and school staff publication, which comes into effect from 1 September 2022.
The guidance is non-statutory. It is intended to provide direction to schools and multi-academy trusts, to support them to improve and maintain high standards of behaviour.
It is broken down into several categories:
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creating and maintaining high standards of behaviour;
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responding to behaviour;
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preventing recurrence of misbehaviour; and
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guidance on specific behaviour issues.
These are explored in detail in this briefing. The NASUWT recommends that it is read alongside the updated guidance.
Further advice and guidance on behaviour management can be found and accessed through the NASUWT’s main behaviour management page.
Creating and maintaining high standards of behaviour
This section focuses on the importance of schools creating a culture that promotes excellent behaviour, through a clear vision of what good behaviour looks like. It recognises that school circumstances will differ for each setting, but states that every culture should ensure pupils can learn in a calm, safe and supportive environment. Pupils should also be protected from disruption.
The guidance states that schools should be clear about which behaviours are permitted and which should be prohibited. This encompasses the values, attitudes and beliefs they promote and the social norms and routines that should be encouraged throughout the school community.
A behaviour policy is identified as the starting point for setting out this vision, as well as being one of the most important ways the school culture is communicated to pupils, staff, parents and carers.
We have published a helpful guide to providing a framework for governing bodies/employers and school leaders on Developing a Behaviour Management Policy.
The guidance specifies that, as well as ensuring teachers can deliver the curriculum, establishing and maintaining high standards of behaviour play a critical role in ensuring a school is a safe environment for all pupils. Behaviour policies should be aligned to the school’s legal duties and standards relating to the welfare of children. The guidance clearly states that all staff should be aware of the measures outlined in the school’s behaviour policy and how these can be implemented, with a link to this being one of the key systems that are in place in schools that support safeguarding.
Keeping Children Safe in Education (KCSIE) is referred to in the Behaviour in Schools guidance, noting in particular that all school staff have a responsibility to provide a safe environment in which pupils can learn. As part of a whole-school approach to behaviour and safeguarding, these two policies need to work in synchronicity.
The NASUWT has produced a briefing on KCSIE for members, which is updated regularly in line with the publication of updated versions of the guidance by the Department for Education (DfE).
The guidance then sets out a number of practical steps that schools should implement. These cover:
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developing a school behaviour policy;
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communicating the behaviour policy;
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a whole-school approach to behaviour;
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the role of school leaders;
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the role of teachers and staff;
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the role of pupils; and
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the role of parents.
These can all be explored in full detail in the published guidance on the Gov.uk website.
The first section concludes with several paragraphs under the header ‘Behaviour expectations and pupils with Special Educational Needs and/or Disability (SEND)’. Schools are reminded that they should consider how a whole-school approach meets the needs of all pupils, including pupils with SEND.
When a pupil is identified as having SEND, the guidance states a graduated approach should be used to assess, plan, deliver and then review the impact of the support being provided.
Schools also need to balance their duties as governed by legal requirements, including responsibilities under the Equality Act 2010 to take reasonable steps to avoid any substantial disadvantage to a disabled pupil caused by the school’s policies or practices. Additionally, under the Children and Families Act 2014, relevant settings have a duty to use their ‘best endeavours’ to meet the needs of those with SEND.
Responding to behaviour
This section begins with the assertion that maintaining a positive culture requires constant work. Schools are advised to positively reinforce behaviours which reflect the values of the school, while pupils need to understand there are consequences for unacceptable behaviour. Often, this will require the use of reasonable and proportionate sanctions.
A number of examples of positive reinforcements and rewards are set out, as well as a list of potential acceptable sanctions. These sanctions should be identified in a school’s behaviour management policy.
The guidance makes clear that, where appropriate, any contributing factors that are identified after a behaviour incident has occurred should be taken into account.
Furthermore, taking disciplinary action should not be in lieu of providing appropriate support when necessary. Schools should be clear about their approach and which category any action falls into, while ensuring that the action complies with the legal duties that schools are governed by. When considering suspension or permanent exclusion, for example, headteachers at all maintained schools, including special schools, pupil referral units, academy schools and alternative provision academies in England must have regard to the School suspension and permanent exclusion guidance.
Under Section 91(3) of the Education and Inspections Act 2006, teachers are legally supported in sanctioning pupils whose conduct falls below the standard which could reasonably be expected of them. Staff can issue sanctions at any time that pupils are in school or elsewhere under the charge of a member of staff, including on school visits.
A sanction will be lawful if it satisfies the following three conditions:
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the decision to sanction a pupil is made by a paid member of school staff, but not one who the headteacher has decided should not do so, or an unpaid member of staff authorised by the headteacher;
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the decision to sanction the pupil and the sanction itself are made on the school premises or while the pupil is under the lawful charge of the member of staff; and
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it does not breach any other legislation, for example, in respect of equality, special educational needs and human rights, and it is reasonable in all the circumstances.
When responding to the behaviour of pupils with SEND, the guidance specifies that schools should consistently and fairly promote high standards of behaviour for all pupils. Additional support should be provided where needed, to ensure all pupils can learn and achieve as well as possible.
Schools should consider whether a pupil’s SEND has contributed to their behaviour and, if so, whether it is appropriate and lawful to sanction the pupil. This includes a consideration of whether any reasonable adjustments need to be made to the sanction in response to any disability the pupil may have.
The guidance provides advice to schools on supporting pupils following a sanction, as well as a detailed section on detentions. This includes the law regarding detentions and an exploration of the matters schools should consider when imposing detentions.
Other key pieces of guidance are referred to, which headteachers and all school staff should read. These are:
We would advise members to read these key documents. There is also a detailed section in the Behaviour in Schools guidance on removal from classrooms, beginning at paragraph 79, which members would benefit from reading in full.
Preventing recurrence of misbehaviour
This section begins with advice to schools on adopting a range of initial intervention strategies to help pupils manage their behaviour. The overarching aim is to reduce the likelihood of suspension and permanent exclusion by helping pupils understand behavioural expectations and by providing support for pupils who struggle to meet those expectations. The guidance rightly states that some pupils will need more support than others.
Initial intervention to address underlying factors that have contributed to unacceptable behaviour should include an assessment of whether appropriate provision is in place to support any SEND that a pupil may have.
An overview of pupil support units is also included in this section. It outlines a pupil support unit as a planned intervention that occurs in small groups and as an alternative to mainstream lessons. There are two purposes identified in the guidance for the use of pupil support units - as a planned intervention for behavioural or pastoral reasons and as a final preventative measure to support pupils at risk of exclusion.
When using a pupil support unit for either of these reasons, the aim should be to improve behaviour and maintain learning, with a view to reintegrating pupils into mainstream lessons. The approach in the unit should be aligned to the culture of the whole school, while also being attuned to the school’s behaviour policy.
The guidance specifies that schools should have a strategy for reintegrating pupils following their removal from the classroom. This also applies to time spent in a pupil support unit, in another setting under off-site direction or following suspension. A strategy may include reintegration meetings between the school, pupils, parents and, where relevant, other agencies. Schools should consider what support is needed to help the pupil return to mainstream education, as well as meeting the expected standards of behaviour.
Monitoring and evaluating school behaviour is also set out in the guidance as a part of preventing recurrence of unacceptable behaviour. Schools are advised to have effective data capture systems, including all components of the behaviour culture. This should be monitored and analysed objectively by skilled staff. The guidance encourages data capture on:
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behaviour incident data, including on removal from the classroom;
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attendance, permanent exclusion and suspension data;
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use of pupil support units, off-site directions and managed moves;
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incidents of searching, screening and confiscation; and
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anonymous surveys for staff, pupils, governors, trustees and other stakeholders on their perceptions and experiences of the school behaviour culture.
The guidance further specifies that analysing the data by protected characteristic, and using those findings to inform policy and practice, may help a school to ensure it is meeting its duties under the Equality Act 2010.
Guidance on specific behaviour issues
Advice is offered in this section on four key areas, which are summarised below. For the full information, members would be best placed to read this section of the DfE’s guidance.
Child-on-child sexual violence and sexual harassment - Following any report of child-on-child sexual violence or sexual harassment offline or online, schools should follow the general safeguarding principles set out in KCSIE, especially Part 5. The designated safeguarding lead (or deputy) is the most appropriate person to advise on the school’s initial response. It is important that schools are clear across their whole culture that sexual violence and sexual harassment are never acceptable, will not be tolerated, and that pupils whose behaviour falls below expectations will be sanctioned.
Behaviour incidents online - Negative and inappropriate interactions online can damage the school’s culture and lead to individuals or groups of pupils feeling that school is unsafe. Schools should be clear that the same standards of behaviour are expected online as they are offline. Inappropriate online behaviour, including bullying, the use of inappropriate language and the soliciting and sharing of nude or semi-nude images and videos, should be addressed in accordance with the same principles as offline behaviour. This includes following the child protection policy and speaking to the designated safeguarding lead (or deputy) when an incident raises a safeguarding concern.
In cases where a school suspects a pupil of criminal behaviour online, they should follow the guidance set out in the dedicated section on this.
Mobile phones - The guidance lists some of the risks of allowing access to mobiles in school, such as distraction, disruption, bullying and abuse. It states that headteachers should consider restricting or prohibiting mobile phones to reduce these risks. However, this decision remains with individual headteachers.
Suspected criminal behaviour - The guidance sets out the steps that should be followed where a member of staff or headteacher suspects criminal behaviour. The school should make an initial assessment of whether an incident should be reported to the police by gathering enough information to establish the facts. These initial enquiries should be documented and schools should make every effort to preserve any relevant evidence. If a decision is reached that a report to the police is required, schools should ensure any further action does not hinder any police action taken. This is notwithstanding that schools can continue investigations and enforce their own sanctions, provided they do not conflict with police action.
Next steps and further information
The NASUWT will monitor for further details or updates and continue to engage with the DfE on the guidance and its impact on schools.
The Union will provide further updates to members as appropriate.
If you have a concern about the way in which behaviour is being managed in your school, you should seek advice and support from the NASUWT immediately.
For NASUWT Representatives who want to check whether a school’s behaviour management procedures address key issues, we have published guidance on Reviewing Behaviour Management Procedures.
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