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Programme 1: Responsibilities
Schools must comply with the legislative definition How does you school currently define bullying behaviour? To what extent is the current definition compliant with the 2016 legislative definition Review how these requirements are currently being met within your school. In the light of this review what action will be required to ensure full compliance with each of these requirements? All grant-aided schools must have an anti-bullying policy which is updated at least every 4 years. When was your current policy last formally updated? Boards of Governors must determine and develop an anti-bullying policy, ensure the policy is properly implemented and keep it under review so that it continues to be fit for purpose What to date has been your role in the development of the current anti-bullying policy ensuring the current policy is being properly implemented Keeping the current policy under review Schools must engage with pupils, parents/carers and the school community when they are developing and reviewing the anti-bullying policy. Governors since 2003 have had to ensure that consultation with pupils and parents does take place. What consultation processes are currently in place? What to date has been the impact of the findings on policy development and review? Schools must record incidents of bullying and alleged bullying behaviours including the motivation, method, how the incident was addressed and the outcome. Is your school currently keeping a central record of both bullying and alleged bullying concerns? Do these records currently contain information regarding: motivation, method, action taken and outcomes achieved?
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Programme 2: The Legal Definition
The legal definition contains these 4 Key Elements Element 1 Methods of Bullying are/are not included in the school’s current definition of bullying behaviour Element 2 Non-limitation to Repeated Behaviours is/is not included in the school’s current definition of bullying behaviour Element 3 Intention to cause harm is/is not included in the school’s current definition of bullying behaviour Element 4 Omission is/is not included in the school’s current definition of bullying behaviour How is bullying defined within your current policy? To what extent does this definition meet the 4 key elements (criteria) contained in the 2016 legal definition. What changes need to be made to the current definition to ensure full compliance with the legal definition? What criteria will you as Governors consider when determining if : a one – off incident is bullying? an imbalance of power should be included within the defining criteria When failure to act (omission) has occurred?
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What does the 2016 Act mean for Governors?
demonstrate an oversight of the anti-bullying policy; ensure effective implementation of the policy; provide leadership to ensure a whole school anti- bullying approach. To what extent do you as Governors currently: have an oversight of your school’s anti-bullying policy? ensure the current policy is consistently and fully implemented? ensure a whole-school anti-bullying approach is in place and consistently implemented? What additional actions will be needed to ensure Governors are fully compliant with these requirements?
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MEASURES TO PREVENT BULLYING
(b) determine the measures to be taken at the school (whether by the Board of Governors, the staff of the school or other persons) with a view to preventing bullying involving a registered pupil at the school – On the premises of the school during the school day; While travelling to and from school during the term; While the pupil is in the lawful control or charge of a member of the staff of the school: or While the pupil is receiving educational provision arranged on behalf of the school and provided elsewhere than on the premises of the school; Since 2003 schools have been required to ensure that prevention of bullying is addressed. What preventative measures are currently in place to prevent bullying from occurring: On the premises of the school during the school day; While travelling to and from school during the term; 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? What additional preventative measures need to be implemented to ensure full compliance with these requirements?
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MEASURES TO PREVENT BULLYING
(2) The Board of Governors of a grant-aided school may, to such an extent as it thinks reasonable, consider measures to be taken at the school (whether by the Board of Governors, the staff of the school or other persons) with a view to preventing bullying involving a registered pupil at the school which- (a) involves the use of electronic communication; (b) takes place in circumstances other than those listed in subsection (2) (b); and (c) is likely to have a detrimental effect on that pupil’s education at the school What measures does the school currently have in place to prevent bullying which: (a) involves the use of electronic communication; (b) takes place in circumstances other than those listed in subsection (2) (b); (c) is likely to have a detrimental effect on that pupil’s education at the school? 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. V29 Statutory Guidance for Schools and Boards of Governors pages 18-19 In view of the above advice On what basis would you as Governors choose to act? What preventative measures might be considered appropriate in such circumstances?
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Revising an anti-bullying policy through consultation
(d) before determining or revising those measures, consult (in such a manner as appears to it to be appropriate) the principal and the registered pupils at the school and the parents of those pupils; (e) in determining or reviewing those measures, have due regard to any guidance given by the Department; Since 2003 Governors have been required to ensure that consultation with pupils and parents takes place and that the prevention of bullying is addressed. What processes are currently in place to ensure that As Governors you are meeting this requirement i.e. that: Pupils & parents are consulted The prevention of bullying is addressed From 2019 Governors need to consult pupils, parents and the Principal regarding: what preventative measures are required keeping the agreed measures under review and updated What procedures will you implement to ensure full compliance with this requirement?
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Duty to keep a record of incidents of bullying
How does the school currently record incidents of bullying behaviour? Do current recording procedures ensure: that a record is kept of all incidents of bullying or alleged bullying which occur: On the premises of the school during the school day; While travelling to and from school during the term; 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? That a record does contain information regarding motivation, method, action taken and outcomes achieved? What action is needed to ensure the school’s record keeping procedures fully comply with legislative requirements? 3.-(1) The Board of Governors of a grant-aided school must ensure that a record is kept of all incidents of bullying or alleged bullying involving a registered pupil at the school that occur- (a) On the premises of the school during the school day; (b) While travelling to and from school during the term; (c) While the pupil is in the lawful control or charge of a member of the staff of the school: or (d) While the pupil is receiving educational provision arranged on behalf of the school and provided elsewhere than on the premises of the school;
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Conclusion The Addressing Bullying in Schools Act 2016, once it is commenced, will be the law in Northern Ireland and it cannot be ignored. Your school must have a clear definition of bullying in its Anti-Bullying policy which is compliant with the definition provided in the Act. The duties placed on the Board of Governors mean that you will need to be able to demonstrate a more hands-on approach to setting the school’s anti-bullying policy and determining the preventative measures the school will take to prevent bullying happening in the first place. Governors will need to be able to evidence how they have monitored the effectiveness of the school’s anti-bullying policy on an ongoing basis; and that the school has reviewed its Anti-bullying policy at least every four years.
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