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Exclusion From Schools In Scotland: Guidance to Education Authorities Authorities Circular 8/03

ANNEX A

In auditing their own policies and procedures with regard to exclusion, education authorities and schools should systematically consider the extent to which they have a range of aspects of good practice in place. Some of these aspects are highlighted here.

Scottish Ministers are committed to assisting and supporting education authorities in their continuing aim to reduce the need for exclusion and the educational opportunities potentially lost through exclusion. It is recognised, however, that there are circumstances where the use of this sanction is appropriate and where schools and education authorities will exclude pupils when they feel that such action is warranted. They must then act in accordance with the appropriate legislation and guidelines.

Scottish Ministers will continue to use the information collected to inform future policy and practice in relation to exclusion.

Guiding principle

As indicated throughout this Circular, while legitimate on occasion to meet the needs of the whole school, exclusion should be considered as a sanction of last resort, to be used only when all other reasonable courses of action have been exhausted, or are inappropriate in the immediate circumstances that prevail

Positive School Ethos

Where pupils enjoy a positive and purposeful learning experience which meets their individual needs, treats them with respect and promotes their active involvement in decision-making, the challenging behaviour which often leads to exclusion can be significantly reduced.

With regard to the general management of school discipline, there is much that schools can do to promote good behaviour and relationships amongst their pupils and thus make it less likely that the circumstances which lead to the exclusion of pupils will arise. A school with a positive ethos will not only provide sanctions in response to poor behaviour but will also reward good behaviour. Positive recognition of good behaviour will help pupils learn the behaviour that is expected of them and promote a model of good discipline within the school. Schools should be aware that pupils may need to learn good discipline and should ensure that all teaching staff make clear what is expected of pupils in terms of their behaviour. All schools should seek to develop best practice approaches in promoting positive behaviour in explicit and carefully structured ways. The Discipline Task Group Report, "Better Behaviour - Better Learning" (2001), will provide schools with a source of ideas in this respect.

A vital component of a positive school ethos is an actively inclusive approach. A key characteristic of schools which have been successful in minimising exclusion is the explicit adoption of the aim of meeting the needs of all pupils who are part of their school community, whatever their ability, background or social circumstances. This aim can be reflected in a wide range of aspects of the operation of the school, including:

• the development of effective systems of support for individual pupils, integrated with well-designed discipline systems;
• a commitment to providing an appropriately differentiated curriculum for all pupils, which ensures they are motivated, achieve success and are appropriately challenged;
• the organisation of lessons to ensure that all pupils are both challenged and supported; and
• recognition that some pupils learn best by listening and talking and others by visual diagrams, pictures and presentations. Taking account of these different learning styles can make teaching more accessible and motivating for pupils.

Education authorities and schools should seek to ensure that they are achieving levels of best practice in these areas.

Where a pupil is moved to out-of-class facilities, whether located in school or off-site, ideally this should be used as a short-term strategy, aimed at supporting the pupil through their difficulties and enabling them to resume normal classroom education as soon as possible.

The recent report by HM Inspectorate of Education "Alternatives to School Exclusion" (2001), identifies key principles and recommendations which can support schools in becoming more inclusive for all children and young people.

Discipline, or behaviour, policies

The Discipline Task Group recommended that all schools in Scotland review their policies on discipline and good practice regarding the content of these policies is further explored in their report, "Better Behaviour - Better Learning" (p13-15).

Involving pupils in the creation and review of school discipline policies can lead to those pupils having a greater sense of ownership and commitment to the rules and sanctions involved. It can also create a heightened sense of pride in, and belonging to, the school itself.

The consistent application of agreed routine procedures for the management of pupils, in classrooms and in and around schools, will lead to a greater likelihood of pupils understanding what is expected of them and behaving accordingly.

Schools should evaluate policy on behaviour within the normal cycle of self-evaluation. Education authorities should take active steps to disseminate good practice in their areas.

Support systems

Particular attention should be paid to the needs of all pupils as they go through key transition stages, such as attending a school or other educational establishment for the first time, including the transition from primary to secondary school.

Schools should develop re-integration strategies that will ensure that appropriate support is provided to pupils on their return to school. Consideration should be given to the contribution that can be made in such cases by other local authority staff, such as home-school links workers. It should also be recognised that school staff and/or other pupils may also require some level of support as a result of the pupil being excluded and on that pupil's return to school.

Appropriate teachers, and in some cases support staff, should have access to relevant information about pupils which may assist with learning and teaching. Education authorities must have regard to their duties under the Data Protection Act 1998 and the rights of young people to confidentiality must be respected. However, within the framework of relevant legislation, school policies should make provision for classroom teachers, as trusted professionals, to have access to appropriate information on the personal circumstances of a pupil where this is likely to have an impact on that pupil's personal and social development, and hence on their learning. Disclosure to teachers should be in accordance with agreed procedures and teachers so informed must then have due respect to the confidential nature of the information.

Education authorities should provide sensitive, well-publicised systems to provide practical, non-judgmental support for teachers experiencing difficulties with indiscipline, which can be easily accessed before difficulties escalate.

Early/staged intervention

Research has shown that many pupils who are excluded have pre-existing learning difficulties or social, emotional or behavioural problems which have not been fully recognised or addressed prior to a crisis point being reached.

Early, pro-active and positive interventions can make significant differences to the educational, social and personal outcomes for a child or young person and his/her family. Investment in early intervention strategies is crucial in reducing the need for exclusion. Schools should ensure that their disciplinary and pupil support systems are designed in such a way that appropriate early warning is given when any pupil is regularly behaving in disruptive or disturbing ways. When such warning is given, action should be taken, sensitive to the individual circumstances of the case, to address the difficulties. The pupil's parent/s should be involved at an early stage and schools should take care to develop positive, constructive relationships with the parent/s, despite the difficult circumstances which might prevail, in order to provide the best chance of mutual support in resolving the problems.

Where appropriate, the services of external agencies such as psychological services, social work services, health services and voluntary organisations should be engaged at an early stage, perhaps initially on a consultative and advisory basis, leading to more direct support or intervention if necessary. Many local authorities arrange for named social workers to link with schools on a regular basis.

Multi-disciplinary approach and inter-agency co-operation

Integrated Community Schools create the context in which multi-disciplinary approaches can be developed and managed, involving a range of agencies in planning to meet the needs of a child and to make appropriate interventions when required, to prevent exclusion or manage re-integration of a child into the school following exclusion. This multi-agency approach can also provide appropriate support for pupils or staff who have been adversely affected by the behaviour of another pupil.

In many areas, the development of formal inter-agency policies, sometimes known as 'youth strategies', have provided a context in which improvements in the effectiveness of agencies working together have been achieved. The precise mechanisms will vary between authorities, but all should develop a strategy for promoting inter-agency collaboration appropriate to their specific circumstances. Good inter-agency co-operation improves co-ordination, efficiency and effectiveness, reduces frustration between professionals from different disciplines and makes better use of existing resources. The publications 'Schooling with Care?', published by the Department in 1994, 'Sharing Good Practice', published in 1997, and the Action Plan on Better Integrated Services for Children "For Scotland's Children", published in 2001, should help authorities and schools in this regard.

To be effective in addressing the needs of vulnerable children, local authority children's services plans need to refer not only to the role of social work services but also to the contribution of other services provided by the local authority, particularly education.

Good practice as regards a multi-disciplinary approach and inter-agency co-operation includes procedures for:

• ensuring that, at an early stage, schools and other agencies share information about pupils in difficulty, and consider what steps need to be taken to support those pupils and their families;
• co-ordinating a full range of appropriate assessments involving teachers and professionals from other agencies and integrating these to provide a picture of the whole child. The guidance issued by The Scottish Office on the Children (Scotland) Act 1995 and Circular 4/96 on Children and Young Persons with Special Educational Needs: Assessment and Recording sets out good practice and offers guidance on assessment;
• jointly planning, undertaking and reviewing programmes of intervention to address underlying difficulties identified;
• joint placement and review of pupils in specialised provision; and
• ensuring appropriate collaboration between education, social work and, where appropriate, other agencies, with regard to pupils in residential provision or children who are being 'looked after' by the local authority in children's home or other contexts.

It is essential that all professionals work in a cohesive, holistic and purposeful manner, with the aim of restoring the child or young person to mainstream education where this is a realistic target.

Policies and procedures such as the above, should ensure that it is only in exceptional circumstances that a pupil is excluded from school or removed from a school register without a clear plan for appropriate alternative provision being established beforehand, and without supportive intervention having already been undertaken, frequently involving collaboration with other agencies. When these circumstances do occur, appropriate assessment procedures should be initiated as a matter of urgency, to ensure that the pupil is suitably placed as soon as possible.

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