Individual Pupil Behaviour Risk Assessments

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INDIVIDUAL PUPIL BEHAVIOUR RISK ASSESSMENTS

NUT HEALTH & SAFETY BRIEFING

Introduction

This briefing has been drawn up to look at the ways in which violent or threatening pupil behaviour can successfully be tackled using standard risk management techniques.

The Health and Safety at Work etc. Act 1974 places a duty on employers to ensure, so far as is reasonably practicable, the health and safety of their employees at work. This includes taking steps to make sure they do not suffer violence, abuse or stress-related illness as a result of their work. This statutory regime supplements the ‘common law’ obligations on employers to provide reasonably safe working environments for their employees. Employers also have a specific duty under the Management of Health and Safety at Work Regulations 1999 to undertake risk assessments that seek to identify and eliminate or reduce risks to their employees’ health, safety and welfare.

Regrettably there is no current Government advice on the use of individual pupil risk assessments. A proforma for pupil risk assessmentis, however, still available on the DfE website - although it is made clear that this guidance may not reflect existing Government policy. It can be found at

Violence and assaults on teaching staff, in addition to the stress arising from working in environments where the fear of violence and assaults exists, are both examples of risks to teacher health, safety and welfare which must be assessed and controlled.

Local authorities, governing bodies and all other employers of teachers should therefore:

consider the risk of violence and assault on members of their workforce;
consider the risk of stress which arises from working in fear of violence or assault;
take steps to remove these risks; or, where removal of the risks is not possible,
reduce the risks by any necessary changes in working practices or by introducing appropriate protective or supportive measures.

It is not the purpose of this briefing to consider the risk of violence towards school staff which may come from outside the school, e.g. from intruders to school premises. Such matters are given thorough consideration elsewhere[1]. Our primary concern here is to examine ways of addressing violent behaviour which exists within the school community, whether this is directed towards staff, pupils or visitors.

How common is pupil violence towards members of staff?

In 2008 researchers at Nottingham University identified teachers, in addition to a handful of other occupational groups, as being ‘particularly at risk’ of occupational violence.[2]

In April 2009 the Association of Teachers and Lecturers, (ATL) released details of a survey of over 1,000 of its members which found that nearly one quarter of them had been on the receiving end of physical violence by a student[3].

A survey for Teacher Support Cymru in 2009 found that two out of five teachers in Waleshad been violently attacked by a pupil, and nearly three out of five had had objects hurled at them during lessons[4]. Furthermore, 49 per cent of those surveyed had been threatened with assault.

And in 2009, children were suspended from school on more than 80,000 occasions for attacking teachers and classmates, according to official figures[5].

Finally, figures released by the Department for Education for the school year 2009 - 2010 showed that nearly 17,000 pupils were excluded for assaulting an adult at school, and that nearly 900 children were excluded for abuse and assault every day[6].

When might a pupil behaviour risk assessment be required?

A pupil behaviour risk assessment should be considered where a student’s conduct poses a demonstrable and ongoing risk to the health, safety and wellbeing of other members of the school community, and where implementation of the school behaviour policy so far appears to have had little or no remedial effect.

One way in which this can be achieved is by the use of ‘trigger points’ within the behaviour policy. Possible ‘triggers’ for the deployment of a behaviour risk assessment might be:

in the event of a pupil carrying out – or threatening to carry out - any form of physical assault, whether in or out of school; or
where a pupil is found to be carrying a weapon, or threatens to bring a weapon into school – such as a knife, ball-bearing gun etc (see Appendix 1).

Such triggers would constitute indisputable grounds for further action. Evaluating the potential health and safety risks of other forms of pupil behaviour, however, might require a more detailed analysis of the situation before further action could be authorised.

For example, where members of staff attribute stress-related complaints - partly or wholly – to the accrued psychological harm arising from the behaviour of a particular pupil, it would be likely that objective evidence of the risks would be required in order to proceed any further. One way in which such evidence can be compiled is via a behaviour risk audit, undertaken, where possible, by a safety representative. Where compelling evidence is thus gathered, the safety representative is in a strong position to persuade the head of the need for a formal risk assessment to be drawn up.

Behaviour risk audits have the maximum degree of success where there are established systems for the efficient collation of pupil behaviour data. An increasing number of schools are now incorporating such information as part of their computerised record-keeping arrangements, enabling the maintenance of up to date student profiles, whilst minimising the demands on staff workload[7].

A model behaviour risk audit is set out at Appendix 1 of this document.

Relationship with other school or local authority policies

To be effective, pupil behaviour risk assessments must be closely allied with existing school or local authority behaviour policies, and any related measures already in place, such as:

school security policies;
S.E.N./medical/pupil restraint policies;
child protection policies;
policies relating to school trips and visits;
parenting contracts/orders;
any initiatives involving liaison with other agencies, e.g. local authority behaviour strategies, Youth Offending Teams and/orlinks withpolice through, for example, Safer School Partnerships.

Devising a pupil behaviour risk assessment for your school

There is no such thing as a ‘one-size-fits-all’ pupil behaviour risk assessment. Schools need to implement strategies which fit their own circumstances, and which have been developed in the light of many variable factors which will exist from one school to another. These might include:

age/ability of pupils
pastoral structure
size of school
number of pupils with S.E.N.
staffing ratio
behaviour policy

Equally, different styles of pupil behaviour risk assessment may be appropriate for different pupils, depending on the circumstances in any individual case.

A model risk assessment form is attached at Appendix 2.

Is parental permission required to complete pupil risk assessments?

Whilst it is not necessary to secure parental permission in order to draw up a pupil risk assessment, it is most likely that parents would – and indeed should - have been involved early on in any situation where the behaviour of a pupil is causing the degree of concern likely to lead to a behaviour risk assessment being required. Behaviour policies, whether they incorporate pupil risk assessments or not, are in many schools the subject of a home-school agreement. Where pupil risk assessment policies – and their trigger points/action points – have been incorporated into the school behaviour policy, and therefore by extension the home-school agreement, the support and involvement of parents becomes a more easily achievable goal.

Staff involved in the drawing up of individual pupil risk assessments should be mindful of the Education (Pupil Information) (England) Regulations 2005 which place a duty on schools to disclose, with a few exceptions, the contents of pupil records to parents and pupils where they make such a request. Indeed, the involvement of parents in discussing and determining the management of their child’s behaviour at school would in most cases be a desirable course of action.

Reporting incidents of violence and abuse

All accidents and injuries should be reported, no matter how trivial they might appear. This is as true of verbal abuse as it is of physical assault, as the psychological harm which can follow such incidents can lead to very real illness and mental distress for those who are unfortunate enough to experience them.

Additionally, the Reporting of Injuries, Diseases and Dangerous Occurrences Regulations (RIDDOR) require that employers must inform the HSE of the following:

all accidents to employees resulting in deaths or “major injuries” and all accidents which result in an employee being off work due to injuries for more than three days (referred to as “over-three-day injuries”[8]; and
all accidents to non-employees which result in them being killed or taken to hospital and which are connected with work.

The definition of accidents includes assaults so that injuries resulting from assaults are also reportable. The NUT is particularly concerned that these are reported to the HSE and recorded by the employer whenever necessary.

Following any incident involving violence or assault, risk assessments should also be reviewed in the light of the incident, to identify whether additional measures are necessary. Further advice on all these matters can be found in the NUT Health and Safety Briefings ‘Accidents and Injuries’, and ‘Risk Assessment’ – both of which are available on theNUT website as follows:

Accidents and Injuries:

Risk Assessment:

The following HSE guidance might also be helpful:

HSE guidance on Reporting School Accidents:

HSE RIDDOR website:

Health and Safety Executive (HSE) guidance on risk assessments:

Industrial Action: Refusal to Teach

What rights do I have to refuse to teach a pupil who has been excluded?

Except in emergency situations, teachers are likely to be in breach of contract if they refuse to teach pupils. Industrial action to refuse to teach cannot be taken until relevant procedures, including an industrial action ballot, have been followed and Union Rules satisfied.

The NUT will protect members where exclusions have been overturned by governing bodies or appeals panels and pupils reinstated. Following appropriate procedures in compliance with legislation and in accordance with the Rules of the Union, the NUT will take industrial action, up to and including strike action, where:

“the retention of such pupils would disrupt education or threaten the welfare of pupils or staff”; and

“the head teacher, governing body or appeal panel refuses to exclude a pupil”.

In such circumstances, members should contact their NUT Regional/Wales office.

Appendices

model behaviour risk audit;

model risk assessment form;

pupil records: DfE guidance;

considerations for special schools/PRUs.

Additional Information

NUT guidance on pupil behaviour:

DfE guidance on behaviour and discipline:

Revised: September 2011

NUT Health and Safety Unit

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APPENDIX 1: INDIVIDUAL PUPIL BEHAVIOUR RISK AUDIT

Pupil’s Name: / Date
Assessor’s Name / Review Date
BEHAVIOUR / WHEN? / MOST AT RISK / HOW LIKELY? / X / HOW OFTEN? / X / POTENTIAL HARM / = / RISK FACTOR / ACTION
(Circle or underline those which apply)
NB – In cases where a pupil is suspected or found to be carrying a weapon, action should always be taken, regardless of the apparent likelihood of harm. / Time of day; potential triggers etc. / Who is most likely to be harmed and how? / 5=Certain
4=Probable
3=Possible
2=Not impossible
1=Never / 5=Daily
4=Weekly
3=Monthly
2=Rarely
1=Never / (Include an assessment of the likely physical and psychological harm)
4= Life-
threatening
3=Serious
2=Harm
1=No harm / Approximate percentage chance of harm occurring:
100%=certain
>50%=probable
>9%=possible
>1%=not impossible
1%=never / Is a formal risk assessment required? Are existing measures sufficient, or can the risk be lowered further? If applicable, list any initial suggestions for achieving such aims in the space below.
Verbal abuse
Threats/Aggression
Violence
Vandalism
Bullying
Fighting
Possible Weapon(s)
Racial Harassment
Sexual Harassment
False Accusations
Self Harm
Other - please specify: / Before school
Break time
Lunch time
After school
Morning lessons
Afternoon lessons
Between lessons
Detentions
Other, e.g. outside school hours - please specify: / Pupils
Staff
Visitors / 5
4
3
2
1 / X / 5
4
3
2
1 / x / 4
3
2
1 / = / ______%

Completing the Risk Audit

Note: The primary function of the risk audit pro forma set out overleaf is that of a diagnostic tool, allowing for the compilation of an accurate and comprehensive individual pupil behaviour profile. It is also possible to use the same form for carrying out a formal risk assessment, although in cases where numerous or detailed control measures are required, the ‘ACTION’ column may lack sufficient space.

Consider what sorts of behaviour are likely to be exhibited by the pupil in question. What hazards might arise as a result of the behaviour? Find out if there is a pattern to the behaviour. Does it happen at a particular time or place? Is there something usually going on immediately before or after? Is there any way of predicting it? Are there circumstances which make the behaviour more likely to occur?

Based on past evidence, common sense and likelihood of occurrence, think about the impact of this behaviour - who is likely to be harmed and how? Life-threatening = fatality, hospitalisation, long-term absence etc; Serious = requiring medical treatment and, usually, absence from work; Harm = e.g. 1st Aid, possible GP check-up and/or treatment.

How likely is this behaviour? How frequently has the behaviour happened in the past? How recently? Is it possible to make realistic predictions for the future? On what grounds? (NB: Where more than one form of poor behaviour has been identified, the combined impact of all of them should be considered when determining the likelihood and frequency of harm arising).

Calculate the numerical risk factor by multiplying likelihood xfrequency x harm. Any resulting percentage greater than 1 per cent indicates a measure of risk; a figure of 100 per cent means it is certain to happen.

Evaluate the risks and decide what recommendations might be made for further action. Is a full risk assessment required, together with suitable control measures? Are existing precautions – where applicable - sufficient, or should further steps be taken?

It is important that the ‘percentage chance’ of harm occurring is not seen as a single, authoritative predictor of future outcomes. It is merely one indicator of several which can assist those charged with tackling such behaviour in schools. The action to be taken will clearly depend on the type(s) of behaviour identified. A ten per cent chance of a pupil carrying a knife, for example, clearly poses a greater level of possible harm than a ten per cent chance of a pupil verbally abusing somebody. As a general rule, any percentage risk of more than one per cent should be closely analysed, and where the potential harm is calculated as a score of two or more, this becomes even more important.

Decide when this audit should be reviewed (for example, in 6 months’ time, or sooner if behaviour patterns change). If a formal risk assessment is required, then reviews should follow automatically as part of the risk assessment process.

If a formal risk assessment is recommended, this should be carried out by a competent person in full accordance with the Management of Health and Safety at Work Regulations 1999 – see NUT guidance on risk assessments available on the NUT website at The outcome of the risk assessment should then be disseminated to all staff, including support staff, supply, temporary and student teachers. A model pupil risk assessment form can be found on page 8.

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APPENDIX 2:PUPIL BEHAVIOUR RISK ASSESSMENT

NOTE: Risk assessments should be carried out by a suitably competent person, who has received an appropriate level of training and guidance prior to fulfilling this function.

Pupil Name
Year Group
Assessor
Date
What health and safety hazards arise or could arise from the behaviour of this pupil?
1What risks do they pose and to whom? / LEVEL OF RISK:
High/Medium/Low
2What has been done so far to remove or reduce the risks? / REMAINING RISK: High/Medium/Low
3What further action is required to reduce the risk further? / LEVEL OF RISK ONCE ALL CONTROL MEASURES ARE IN PLACE (High/Medium/Low):
4List any activities which cannot be safely managed, as far as it is possible to foresee.

Any further comments:

Review Date:

NUT Health & Safety Briefing: Individual Pupil Behaviour Risk Assessments

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‘MENU’ of possible options to consider as control measures

Note: This list is indicative of the types of interventions which might be applied. It is not intended to be an exhaustive list, and those carrying out the risk assessment should seek to implement a tailored strategy to address the specific needs of the student within existing school behaviour and/or special needs policies. Measures set out in IEPs/IBPs will clearly always take priority over any others.

Tackle offensive behaviour through school discipline policy, with consistent application of sanctions every time the behaviour is repeated

Behaviour chart for each day

Requires clear/explicit tasks of short duration

Use non-confrontational strategies

Immediate withdrawal from lesson or area as a consequence of certain pre-determined acts, such as swearing at staff

Specific instructions given to staff not to try to stop if he attempts to leave a room, instead allowed to go to … … ….. ….. until calmed down

Look at the possible fixed term removal of pupil from lessons in which the offensive behaviour is most evident, during which time s/he receives appropriate support.

Seek funding for an increase in deployment of classroom assistant/behaviour mentor support.

Behaviour contract after fixed term exclusion and meeting with parent(s)/carer(s)

Withdrawal from danger areas i.e. practical classrooms, labs, mobile classrooms where teacher is isolated, lessons involving teachers where there appears to be a personality clash

To meet behaviour mentor each morning for briefing