Addressing Bullying in Schools Act (NI) 2016: Policies and Definitions

1. The Addressing Bullying In Schools Act (Northern Ireland) 2016?????????????? Anti-Bullying Policy

2. Background To The Act

3. The Legislative Context • Health and Safety at Work NI Order 1978 • The Children (Northern Ireland) Order 1995 • The Human Rights Act 1998 • The Education (Northern Ireland) Order (1998) Article 3 - see DE 1998/25 • Welfare and Protection of Pupils Education and Libraries (Northern Ireland) Order, 2003 - see DE 2003/13 • The Education (2006) Order, (Commencement No.2) Order (Northern Ireland) 2007- see DE 2007/20 • The Education (School Development Plans) Regulations (Northern Ireland) 2010 • Addressing Bullying in Schools Act (Northern Ireland) 2016

4. What Will The New Legislation Do? The Act creates the following statutory duties on grant-aided schools : • Schools must comply with the legislative definition • Schools must have an anti-bullying policy with preventative measures updated at intervals of no more than 4 years* • The Governors must ensure the Anti-Bullying policy is properly implemented and preventative measures kept under review so that it is fit for purpose • Schools must engage with pupils, parents/carers and the school community when developing and reviewing the anti-bullying policy • Schools must record incidents of bullying and alleged bullying behaviours including the motivation, method, how each incident was addressed together with the outcomes

5. Challenging The Language Of BullyingRefer to the Statutory Guidance page 23 • Refer to the behaviour not the pupil • Instead of ‘bully’ refer to ‘pupil displaying bullying behaviour’ • Instead of ‘victim’ refer to ‘target’ or ‘pupil experiencing bullying behaviour’ • ‘Perpetrator’ is not an acceptable term

6. Section 1 Of The Act:Defining Bullying Behaviour Key References: Statutory Guidance for Schools and Boards of Governors, page 7 School Ant-Bullying Policy page ????

7. The Legal Definition Of Bullying For Northern Ireland As Outlined In The 2016 Act “(1) In this Act “bullying” includes (but is not limited to) the repeated use of - a) Any verbal, written or electronic communication b) Any other act, or c) Any combination of those, by a pupil or group of pupils against another pupil or group of pupils, with the intention of causing physical or emotional harm to that pupil or group of pupils. (2) For the purposes of subsection (1), “act” includes omission”.

8. Criteria for Assessing Bullying

9. Repetition Refer to pages 7/8 and page 23 of Statutory Guidance • This refers to identifying methods of behaviour which, though the criteria of repetition, may be defined as bullying behavioure.g. saying mean and hurtful things may be taken as unacceptable behaviour until there is evidence of this behaviour being repeated towards the same targeted person over a period of time

10. A One-Off Incident Refer to page 9 of Statutory Guidance • ‘But not limited to’ within the definition gives us the legal support to consider a one-off incident as bullying if we feel the situation causes significant emotional/ and physical harm and where there is evidence of premeditation.

11. Criteria for assessing a one-off incident When assessing a one-off incident, to make a decision on whether to classify it as bullying, the school shall consider the following criteria: • severity and significance of the incident • evidence of pre-meditation • impact of the incident on individuals (physical/emotional) • impact of the incidents on wider school community • previous relationships between those involved • any previous incidents involving the individuals Any incidents which are not considered bullying behaviour will be addressed under the Positive Behaviour Policy.

12. What IsHarm? In the context of the bullying criteria we define harm as: • Emotional or psychological harm distress or anxiety intentionally caused by scaring, humiliating or affecting a pupil’s self-esteem • Physical harm as intentionally hurting a pupil causing injuries such as bruises, broken bones, burns or cuts

13. Methods and Motivation • Methods: Verbal Written Electronic Physical Omission • Refer to page 7 of the Statutory Guidance • Motivation: (underlying theme) Age Race Disability Sexual orientation (Section 75) • Refer to page 20 of the Statutory Guidance

14. OmissionRefer to Statutory Guidance page 8 (2) For the purposes of subsection (1), “act” includes omission • The Act specifies that methods of bullying behaviour include omission • This is where a pupil is deliberately left out (e.g. ‘they stopped him playing with them’) and where there is a wilful failure to include a pupil (e.g. ‘they purposefully did not ask him to join the game’) • Other examples include a pupil being excluded from or left out of a group of friends activities/games/group work in class etc.

15. Is there an imbalance of power? • An ‘imbalance of power’ is not included in the definition found in the 2016 Act • NIABF’s definition of bullying (Effective Responses to Bullying Behaviour, 2013) includes phrase: ‘Bullying involves an imbalance of power, leaving someone feeling helpless to prevent it or put a stop to it.’ • However, imbalance of power is still an important factor to be considered in assessing whether behaviour is to be considered bullying behaviour or not, so consideration should be given to including reference to an imbalance of power within school policy

16. If It Is Not Bullying Behaviour?Refer to Statutory Guidance pages 11 and 23 • Where a school determines that an allegation of bullying does not meet the legal criteria of bullying behaviour they will need to be able to justify, with evidence, their decision to view the incident as socially unacceptable behaviour. • Therefore, socially unacceptable behaviour should always be addressed by the school’s Positive Behaviour Policy

17. Section 2 Of The Act:Developing And Implementing APreventative Anti-Bullying Policy Key References: Statutory Guidance for Schools and Boards of Governors, pages 12-18

18. Background on Schools Journey • Optional: • Info on what has been successful within your school

19. Preventative Measures Following consultation our school will take the following measures to be to prevent bullying involving our pupils: • on the premises of the school during the school day • while travelling to or from school during the school term

20. while the pupil is in the lawful control or charge of a member of the staff of the school • while the pupil is receiving educational provision arranged on behalf of the school and provided elsewhere than on the premises of the school

21. Preventative Measures to Prevent Bullying Outside of school

22. The Act gives schools the explicit power to take action to prevent cyber bullying which is taking place outside school, but which is likely to have an impact on the pupil’s education in school. While this gives schools the option to take action, it does not place a duty on schools to do so.

23. Preventative Measures • Our school will take the following measures to prevent bullying outside of school:

24. Dealing with an Alleged Bullying Concern

25. Steps to be taken by staff:

26. Dealing with a Bullying Situation

27. Steps to be Taken by Staff

28. Oaktree Case StudyThe Bullying Concern Assessment Form (BCAF)

29. Bullying Concern Assessment Form (BCAF) The Bullying Concern Assessment Form comprises four parts: • Part 1 - Assessment of concern (Is it bullying or socially unacceptable behaviour?) • Part 2 - Clarifying the nature of the bullying behaviour 2.1 Who was targeted by this behaviour? 2.2 In what way did the bullying behaviour present? 2.3 Motivation? (Underlying theme) • Part 3 - Record of support and interventions for: a. Pupils experiencing bullying behaviour b. Pupils displaying bullying behaviour • Part 4a & b - Review of bullying concern and actions

30. BCAF Parts 1 & 2:Information Gathering, Recording And Decision Making • Read the Oaktree Case Study as members of the Pastoral Team. • You will be given envelopes which will give you further information regarding the bullying allegation • Open the envelopes in order of who you want to speak to first • Continue the process until all information has been gathered • Use the information to complete Parts 1 and 2 of the Bullying Concern Assessment Form (BCAF)

31. BCAF Part 1 & 2Group Activity Feedback

32. Support And Interventions Supportive strategies Reduction or elimination of bullying behaviour Evidence File

33. Support and InterventionsRefer to the handout, taken from ERTBB, pages 16-19 Should be: • Child/learner-centred • Promote resilience • Include debriefing/post-incident learning • Promote reparation • Risk Reduction Action Plan RRAP • Follow good practice in other areas, i.e. restorative approaches • Evidenced • Evaluated Bullying is not ‘fixed’ by a sanction, pupils on both sides require support.

34. BCAF: Responding And Supporting • Using the intervention tables on pages 16-19 from Effective Responses to Bullying Behaviour (ERTBB),and/or your own experience discuss and agree one strategy/intervention for each pupil (John and Mark) • Record your decision by completing the Record of Support and Intervention tables in Part 3 (Pages 5 and 6) of the Bullying Concern Assessment Form (BCAF), i.e. Complete Table 3a. for the pupil experiencing bullying behaviour (John) Complete Table 3b. for the pupil displaying bullying behaviour (Mark)

35. BCAF Part 3 Support and InterventionsGroup Feedback

36. What MustBe Recorded? Schools are required to record: • all incidents or alleged incidents of bullying behaviour • where the incident(s) occurred • the motivating factors/underlying themes • the methods (i.e. verbal, written or electronic or any combination of these) • information about how the incident was addressed

37. Recording Motivating Factors/Underlying Themes A record must state what, from all of the circumstances appears to be the motivation of the incident Motivation may relate to: • differences of religious belief, political opinion, racial group, age, sex, sexual orientation or marital status • differences between persons with a disability and persons without • differences between persons with dependents and persons without • differences between persons based on gender reassignment • differences between persons based on pregnancy

38. Recording Information On How The Incident Was Addressed • Use Part 3 of the Bullying Concern Assessment Form (BCAF) • Maintain an Evidence File to demonstrate action taken and support provided, this could include the following: Pupil and staff self-assessment and review evidence e.g. of strategies Communication records (e.g. tel. records/e-mails/letters etc.) Risk Assessment/Risk Reduction Action Plan Minutes from meetings Personal Learning Plan Photos of group activities Support from EA agencies , e.g. consultation with Educational Psychologist, Educational Welfare Service, Behaviour Support Service, Youth Service etc. Support from external agencies, e.g. CAMHS, Counselling, Family Support Hub etc.

39. Who Should Have Access To The BCAF? • ???????

40. Group Activity Part 4 of the BCAF Review of Bullying Concern

41. Refer to BCAF Part 4: A and B, Page 7

42. What Should Oaktree School Do If The Evidence Suggests ABullying Situation Has Not Been Successfully Addressed? • Follow their policy • Re-assess level of interventions and implement other strategies from an appropriate level (Ref. Pages 16-22, ERTBB) • Track, monitor and review the outcomes of further intervention • Amend strategies/interventions • Keep under review the Stage of the Code of Practice each pupil is on • Check Safeguarding requirements are being met • External/multi-agency input is required (EA, Health and Social Services etc.) • Engage with Board of Governors - accountable

43. Completing The BCAF: Considerations When Recording All recording should: • Be sensitive • Be appropriate for the ‘audiences’ it may be shared with, i.e. parents/carers, other staff, Social Services, etc. • Be factual and balanced, avoiding subjective judgements • Be dated and tagged by the recording member of staff • Allow for tracking of incidents • Allow for evaluation of positive behaviour strategies