Discipline: Fact or Myth in Glasgow EIS Local Association Members Meeting

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Discipline –
Fact or Myth?
 
Glasgow EIS Local
Association Members
Meeting
February 2018
 
Fact or Myth?
 
‘We can’t exclude this pupil for anything
because they have Additional Support
Needs.’
 
Myth
 
Management Circular 8 states:
 The procedures outlined in this
Management Circular apply equally to all
schools and learning establishments in
Glasgow City Council and must be
complied with in full
 
Myth
 
Wellbeing and Assessment Plan and Risk
Assessment including the use of violence and
weapons i. In any situation where a child or
young person is identified or assessed as
being at risk of exclusion, the current Risk
Assessment and Wellbeing and Assessment
Plan must be followed and reviewed
appropriately; if neither of these assessments
are already in place, they should be
considered as part of the school’s
preventative strategy.
 
Myth
 
1.10 “Informal Exclusions” The practice of “informal exclusions” has no legal
basis, is contrary to Glasgow City Council’s Child Protection Procedures and
should not be used in any circumstance.
1.11 Exceptional circumstance related to mental or emotional wellbeing
 i. Where it has identified that a child’s or young person’s additional support
need pertains to significant mental or emotional distress, and/or a difficulty to
self-regulate, the school may seek support from a parent/carer to help the
child or young person de-escalate and to allow further planning to meet the
needs of the child or young person at school level. This may, in some
circumstances, involve the child or young person being taken home by the
parent/carer in a similar way to a child or young person who presents as
unwell. ii. While this is not an exclusion any intention to use this kind of
supportive intervention must be:  a) intimated to the Head of Service;  b) for
the shortest possible duration;  c) identified in the child’s or young person’s Risk
Assessment (see Section 4) and Wellbeing and Assessment Plan;  d) reviewed
and evaluated rigorously by the Learning Community - Joint Support Team or
Staged Intervention and Inclusion Meeting (as appropriate).
 
Myth
 
Procedures for Exclusion of any pupil is
outlined within this document and should be
clear within any school discipline policy.
 
You can find the full document here:
Management Circular 8
 
Fact or Myth?
 
Only members of SMT can complete the
Incident Reporting Form.
 
Myth
 
The incident form is there to be used by
anyone who is subject to an incident of
violence or abuse.
It can clearly be accessed from the Glasgow
Online homepage and is found in top right
corner.
Staff should of course be discussing the
incident with their Line Managers to ensure
they have every opportunity to act upon
what has happened to avoid any repeat.
H&S consider these figures at their meetings.
 
Fact or Myth
 
Pupils have the right to keep their mobile
phone on in class.
 
Myth/Fact
 
It depends on school policy
EIS guidance document on misuse of
mobile phones states ‘Local Authorities
and schools will have policies on mobile
phones currently in place.
Smartphones pose a problem for schools
and it is important that extant policies are
reviewed to cover guidelines/prohibitions
on these phones.’
 
Myth/Fact
 
GCC policy in this area is:
That each school should have their own
policy based on common-sense.
These policies should be made clear to all
staff, pupils and parents to avoid conflict
or confusion.
 
Fact or Myth?
 
Teachers should not try to separate a fight
between pupils.
 
Myth
 
EIS policy is that where there is an
immediate risk of harm to one or more a
teacher can intervene. In terms of two
pupils fighting there would appear a clear
risk of harm to at least one of the two.
 
Colleagues should be mindful of
reasonable force.
 
Myth
 
GCC have developing Guidelines and
Procedures for use of Physical Intervention
Physical Interventions Guidelines
 
 EIS policy in this area can be found here:
 
Violent & Disruptive Pupils
 
 
Fact or Myth
 
Teachers can refuse to teach pupils who are
violent.
 
Myth
 
A teacher’s contract with an employer defines the
employment law perspective.  
The contractual
requirement is set out in the SNCT Handbook Part 2
paragraph 2.8, which states:“2.8 Subject to the
policies and practice of the school and the Council,
the duties of teachers are to:
 (a) manage and organise classes through planning
and preparing for teaching and learning.”
2.1.3
 
A teacher who refuses to admit a persistently
disruptive pupil would, in effect, be refusing to
comply with her or his contractual terms.
2.1.4
 
In terms of the employment contract the
teacher who refuses to admit a disruptive pupil could
be subject to disciplinary action.
 
Myth
 
However:
Councils do have a duty to protect the health and
safety of their employees. Therefore, if a teacher
could establish that, by admitting a disruptive pupil
to class, her or his safety was at risk the teacher
would have the potential right to refuse to admit the
pupil and not be subject to disciplinary action.
Councils also have a duty to protect the health and
safety of other pupils in a class, and where there is a
threat of physical violence, a risk assessment should
be carried out and, based on its results, a case to
refuse admittance may be made
 
Myth
 
Where a pupil is violent staff should:
Seek help from colleagues and
management following establishment
policy.
The incident should be reported to
management and the victim should
ensure that the incident is recorded in the
accident book and complete online
incident reporting form
 
Myth
 
Ensure a risk assessment is carried out and
that strategies for de-escalation/support are
clear to all involved
Call police if they believe the violent incident
against them to merit this action
Management can assist by bringing police
officers to the workplace to interview the
victim and witnesses rather than putting the
onus on the victim to report the matter to the
Police at the end of the working day in their
own time.
 
Fact or Myth
 
If a pupil abuses me on Social Media it is
okay for me to reply in kind as it’s outside
the school day.
 
Myth
 
Teachers should not engage in any
contact via Social Media with pupils.
If there is abuse then it should be reported
appropriately
Social Media Guidance
GTCS guidance on use of Social Media
 
Fact or Myth
 
Every school should have a Discipline Policy
which is regularly reviewed and shared with
all new staff.
 
Fact
 
GCC supports every establishment having
a Promoting Positive Behaviour policy.
This is backed up by GCC policy in this
area, management of exclusions, anti-
bullying policy and Management Circular
on Violence in the workplace
It would be good practice to review this
annually and share with all new staff at
start of term.
 
Fact/Myth
 
Phoning the police will criminalise a young
person and make life difficult for me in
school/GCC.
 
Myth
 
Phoning the police is part of your right as
a citizen and indeed GCC include this in
their flowcharts on how violent incidents
should be dealt with
Violence at Work Flow Charts
 
Myth
 
Few young people will be charged as a
result of assault on a staff member due to
their age but it can be a support in
getting them the additional support they
require.
 
Fact
 
Promoting Positive Behaviour Policy
MC 8 Managing Exclusions
Violence and Aggression to Staff MC 76
Anti-Bullying Policy
Anti-Bullying – 
Go Glasgow page
PDF of Page
EIS Policy and Guidance on Violence to
Staff
 
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Explore the myths and facts surrounding discipline practices in the Glasgow EIS Local Association meeting of February 2018. From the exclusion of pupils with Additional Support Needs to procedures for informal exclusions and incident reporting, learn about the guidelines and regulations set forth to ensure a fair and safe learning environment.

  • Glasgow EIS
  • Discipline
  • Fact or Myth
  • School Procedures
  • Exclusions

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  1. Discipline Fact or Myth? Glasgow EIS Local Association Members Meeting February 2018

  2. Fact or Myth? We can t exclude this pupil for anything because they have Additional Support Needs.

  3. Myth Management Circular 8 states: The procedures outlined in this Management Circular apply equally to all schools and learning establishments in Glasgow City Council and must be complied with in full

  4. Myth Wellbeing and Assessment Plan and Risk Assessment including the use of violence and weapons i. In any situation where a child or young person is identified or assessed as being at risk of exclusion, the current Risk Assessment and Wellbeing and Assessment Plan must be followed and reviewed appropriately; if neither of these assessments are already in place, they should be considered as part of the school s preventative strategy.

  5. Myth 1.10 Informal Exclusions The practice of informal exclusions has no legal basis, is contrary to Glasgow City Council s Child Protection Procedures and should not be used in any circumstance. 1.11 Exceptional circumstance related to mental or emotional wellbeing i. Where it has identified that a child s or young person s additional support need pertains to significant mental or emotional distress, and/or a difficulty to self-regulate, the school may seek support from a parent/carer to help the child or young person de-escalate and to allow further planning to meet the needs of the child or young person at school level. This may, in some circumstances, involve the child or young person being taken home by the parent/carer in a similar way to a child or young person who presents as unwell. ii. While this is not an exclusion any intention to use this kind of supportive intervention must be: a) intimated to the Head of Service; b) for the shortest possible duration; c) identified in the child s or young person s Risk Assessment (see Section 4) and Wellbeing and Assessment Plan; d) reviewed and evaluated rigorously by the Learning Community - Joint Support Team or Staged Intervention and Inclusion Meeting (as appropriate).

  6. Myth Procedures for Exclusion of any pupil is outlined within this document and should be clear within any school discipline policy. You can find the full document here: Management Circular 8

  7. Fact or Myth? Only members of SMT can complete the Incident Reporting Form.

  8. Myth The incident form is there to be used by anyone who is subject to an incident of violence or abuse. It can clearly be accessed from the Glasgow Online homepage and is found in top right corner. Staff should of course be discussing the incident with their Line Managers to ensure they have every opportunity to act upon what has happened to avoid any repeat. H&S consider these figures at their meetings.

  9. Fact or Myth Pupils have the right to keep their mobile phone on in class.

  10. Myth/Fact It depends on school policy EIS guidance document on misuse of mobile phones states Local Authorities and schools will have policies on mobile phones currently in place. Smartphones pose a problem for schools and it is important that extant policies are reviewed to cover guidelines/prohibitions on these phones.

  11. Myth/Fact GCC policy in this area is: That each school should have their own policy based on common-sense. These policies should be made clear to all staff, pupils and parents to avoid conflict or confusion.

  12. Fact or Myth? Teachers should not try to separate a fight between pupils.

  13. Myth EIS policy is that where there is an immediate risk of harm to one or more a teacher can intervene. In terms of two pupils fighting there would appear a clear risk of harm to at least one of the two. Colleagues should be mindful of reasonable force.

  14. Myth GCC have developing Guidelines and Procedures for use of Physical Intervention Physical Interventions Guidelines EIS policy in this area can be found here: Violent & Disruptive Pupils

  15. Fact or Myth Teachers can refuse to teach pupils who are violent.

  16. Myth A teacher s contract with an employer defines the employment law perspective. The contractual requirement is set out in the SNCT Handbook Part 2 paragraph 2.8, which states: 2.8 Subject to the policies and practice of the school and the Council, the duties of teachers are to: (a) manage and organise classes through planning and preparing for teaching and learning. 2.1.3A teacher who refuses to admit a persistently disruptive pupil would, in effect, be refusing to comply with her or his contractual terms. 2.1.4In terms of the employment contract the teacher who refuses to admit a disruptive pupil could be subject to disciplinary action.

  17. Myth However: Councils do have a duty to protect the health and safety of their employees. Therefore, if a teacher could establish that, by admitting a disruptive pupil to class, her or his safety was at risk the teacher would have the potential right to refuse to admit the pupil and not be subject to disciplinary action. Councils also have a duty to protect the health and safety of other pupils in a class, and where there is a threat of physical violence, a risk assessment should be carried out and, based on its results, a case to refuse admittance may be made

  18. Myth Where a pupil is violent staff should: Seek help from colleagues and management following establishment policy. The incident should be reported to management and the victim should ensure that the incident is recorded in the accident book and complete online incident reporting form

  19. Myth Ensure a risk assessment is carried out and that strategies for de-escalation/support are clear to all involved Call police if they believe the violent incident against them to merit this action Management can assist by bringing police officers to the workplace to interview the victim and witnesses rather than putting the onus on the victim to report the matter to the Police at the end of the working day in their own time.

  20. Fact or Myth If a pupil abuses me on Social Media it is okay for me to reply in kind as it s outside the school day.

  21. Myth Teachers should not engage in any contact via Social Media with pupils. If there is abuse then it should be reported appropriately Social Media Guidance GTCS guidance on use of Social Media

  22. Fact or Myth Every school should have a Discipline Policy which is regularly reviewed and shared with all new staff.

  23. Fact GCC supports every establishment having a Promoting Positive Behaviour policy. This is backed up by GCC policy in this area, management of exclusions, anti- bullying policy and Management Circular on Violence in the workplace It would be good practice to review this annually and share with all new staff at start of term.

  24. Fact/Myth Phoning the police will criminalise a young person and make life difficult for me in school/GCC.

  25. Myth Phoning the police is part of your right as a citizen and indeed GCC include this in their flowcharts on how violent incidents should be dealt with Violence at Work Flow Charts

  26. Myth Few young people will be charged as a result of assault on a staff member due to their age but it can be a support in getting them the additional support they require.

  27. Fact Promoting Positive Behaviour Policy MC 8 Managing Exclusions Violence and Aggression to Staff MC 76 Anti-Bullying Policy Anti-Bullying Go Glasgow page PDF of Page EIS Policy and Guidance on Violence to Staff

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