Crime and intelligence - Reporting incidents in schools: standard operating procedure (N17a)

1. Summary of Changes

1.1 The following amendments have been made to this Standard Operating Procedure (SOP) October 2023:

• SOP updated to reflect national guidance “When to call police guidance for schools & Colleges”
• Terminology changes, removal of “Schools Team” inclusion of “Child Centred Policing Team.”

 

2. What this Procedure is About

2.1 This procedure is a guide for School Managers, Police officers and Police Community Support Officers (PCSO’s) dealing with schools-based incidents.

2.2. The purpose of this policy is to outline the responsibilities of schools when incidents occur, how the incident should be handled if the police need to be involved, guidance on the type of incidents where the police should be involved and those that should be dealt with by the school.

2.3. Additionally, the purpose of this revised policy is to outline how local staff should manage incidents reported to the police. The oversight of school-based incidents lies within the local Community Safety Units (CSUs), specifically Child Centred Policing Teams regardless of who investigates. Guidance can be sought from the Central Child Centred Policing Manager, Inspector or Sergeant within Strategic Prevention Command.

Compliance with this procedure and any governing policy is mandatory.

3. Detail the Procedure

3.1 The term ‘school’ refers to any number of educational establishments, i.e. primary, junior, secondary, grammar, private, independent, pupil referral units, community colleges and alternative curriculum providers. The principles of the policy should also extend to sixth form colleges.

‘School premises’ refers to the whole of the school grounds, including its buildings, detached and onsite sports fields while open for the purpose of teaching its pupils, or while undertaking after hours activities with its pupils. Where a school occupies more than one site, premises include those public areas (roads, paths etc.) between those sites during the period that the school is open as discussed above.

3.2. Pupils' behaviour outside school, but on school business - e.g. school trips, away schools sports fixtures, work experience placements, school activity holidays etc. where pupils are under the supervision of school staff, is subject of the schools behaviour policy. Bad behaviour in such circumstances should be dealt with as if it had taken place in school. Incidents taking place outside school after hours cannot be dealt with under schools policy. For example, fights outside of school gates, incidents on public transport out of school hours. Public transport that happens to be a bus used by school children that has the public on board, is not an incident to be dealt with under this procedure. Such matters must be recorded as a crime even if it may then be appropriate to allow a school to continue dealing with an incident, particularly where they are already actively engaged in resolving an on-going incident.

Current practical guidance for schools on how to deal with crime incidents

3.3. Where an incident is reported to a school, the seriousness of the incident will be a judgement for the school to make. In making this decision, the level of harm and circumstance leading to the incident must be carefully considered.

3.4. Any aggravating factors which contribute to making the incident and subsequent level of harm more serious would be relevant in deciding whether or not to involve the police. These are covered within each offence type.

3.5. Whilst the school, in consultation with the parent/carers and where necessary, the Child Centred Policing Team, will decide upon a course of action, the school retains the right to report the incident for police investigation at a later stage should the matter prove to be more serious than initially believed. When the decision is made that the school or college will deal with the incident internally, it remains the responsibility of the school or college to investigate and resolve in accordance with their behaviour policy, parental cooperation should be maintained throughout, and actions recorded.

3.6. When the decision is made to report an incident to the police for investigation, due to the seriousness of the incident or for aggravating circumstances, the school or college should cease their own investigation, having only asked enough questions to establish the facts of the incident. Every effort should be made to preserve relevant evidence. Where a crime is reported to the police, it will be recorded as a crime and an investigation will commence.

3.7. When the decision is made for the school or college to deal with a matter within their remit internally and an appropriate sanction has been implemented, if a Child Centred Policing PC/PCSO is made aware, an intelligence report titled ‘Operation Arrow’ should be submitted.

Incident recording - schools dealing

3.8. The purpose of the jointly published policy (DfE, Home Office and ACPO) here: https://www.gov.uk/government/publications/counting-rules-for-recorded-crime is to ensure school managers, not the police, have primacy for the recording and management of incidents that occur on school premises. In cases of uncertainty schools should be encouraged to discuss incidents with their Child Centred Policing Team.

3.9. Whilst schools are not bound by PACE, good practice dictates that a written record should always be made of the accounts of all parties in respect of an incident reported to and being dealt with by the school, with all subsequent procedures and findings being documented.

3.10. Where school managers determine that the incident is one which should be handed over to the police for investigation, all questioning of the suspect(s) by school staff should cease, with only questions to determine the facts of the case permitted i.e. names of witnesses, what happened, details of the aggrieved and suspected offender(s) etc.

Incident recording - police dealing

3.11. When decided that police are to be involved in an incident at school, no investigation should be undertaken by the school other than is necessary to establish the basic facts to make the decision. There should be early engagement with the Child Centred Policing Team whenever possible. Every effort should be made by the school to preserve any evidence i.e. property, drugs, CCTV etc and where applicable, the scene of the crime.

3.12. Any initial inquiry undertaken by the school should be fully documented, as it may be needed later if the matter goes to court. Copies of any documentation generated in respect of the incident should be handed to the police. Original documents should be retained by the school.

3.13. The investigating officer will ensure that the head teacher and/or Child Centred Policing Team are kept informed in line with the victims’ code. Any actions resulting from the investigation should be undertaken considering the school’s recommendations and policies.

3.14. It will be the duty of the investigating officer to work in consultation and liaise with the Head Teacher, or Child Centred Policing Team as per the CCPT Service Level Agreement.

3.15. Crimes reported to the police by schools should be recorded on Athena following HOCR Schools policy guidance. The crime reference number generated should be passed to the school.

3.16. Crimes to be investigated by Police that involve enquires at the school should be communicated with the Head teacher. Arresting or interviewing on school or college premises should always be avoided unless the seriousness and urgency of an incident deem the arrest absolutely necessary. The head teacher should always be made aware of the situation and the arrest should be conducted as discreetly as possible. It will first be necessary to determine if the incident being reported took place on school premises as defined above. If the incident did not take place on school premises, a crime report should be generated in accordance with existing crime recording policy.

3.17. There may be instances where the victim, victim’s parent, carer etc, having reported the incident to the school initially, still wish to make a formal allegation to the police. It may be that the school has already dealt with the incident and consequently the pupil(s) concerned may be subject to ‘double jeopardy’. Where this is the case, the matter should be referred to the local Child Centred Policing Team who will liaise with the school and the caller to ascertain the full circumstances and whether a police investigation is still appropriate. After liaison with the Child Centred Policing Team and having been made aware of the schools potential ability to deal (providing the matter is appropriate), if the school/parent/child or guardian ask for a crime report to be created then police must record as a crime in accordance with the National Crime Recording Standard.

3.18. If the matter has been dealt with by the school under this policy, but the caller feels that any sanction issued by the school is inappropriate, they should be referred to the school to make a formal complaint through the Governing Body. It is not for the police to consider the level of sanctions issued under a school discipline policy.

3.19. If a matter has been dealt with by the school or college and a Child Centred Policing PC/PCSO has had involvement with the matter and the subsequent parties, it is not for the Child Centred Policing PC/PCSO to discuss what sanction had been put in place on the other party, this would be a breach of GDPR and sanctions should only be discussed with the parties involved by the school or college.

What is classed as an incident on school premises

3.20. “Any incident at a school, during school hours, extended school hours or on a school trip, where the victim, offender or suspect is a pupil at the school. In these circumstances the school managers should deal with the incident within the school disciplinary procedures”.

3.21. Examples:

• Pupil assaults pupil or staff
• Pupil steals from pupil
• Pupil damages school property
• Pupil steals school property

What is not classed as an incident on school premises
3.22. “Any incident at a school where the victim, suspect or offender is not a pupil at the school”.

3.23. Examples:

• Parent assaults teacher
• Teacher or school staff steals school property
• Pupil breaks into school out of school hours
• Stranger steals school property
• Incidents on public transport out of school hours.

3.24. These incidents are not part of the school’s behaviour procedures and must be recorded as a crime in the first instance.

3.25. Incidents where a member of staff allegedly assaults a pupil should be reported by the school to the LADO. Thereafter a joint investigation may take place between the LADO and Police (Vulnerability Investigation Team). A CAD log should be created to record this allegation and tagged for the Public Protection Unit to decide on the appropriate course of action

School or police to deal

3.26. The ACPO/DfE guidance is clear as to what constitutes a serious incident. Appendix C. That said, however, there may well be circumstances where schools make the decision to refer the incident to the Police. In making this decision the level of harm and the circumstances leading to the incident would need to be carefully considered as well as considering any aggravating factors.
See reference document for individual crime types - Crime Type Reference Document

4. Equality Impact Assessment

4.1. This SOP has been assessed with regards to its impact on equality. As a result it has been graded as having a high potential impact.

5. Risk Assessment

5.1. This SOP has been assessed as low risk.

6. Consultation

• Strategic Partnerships and Child Centred Policing Command
• Finance
• Human Resources
• IT Security
• Estates
• Legal
• Freedom of Information
• Health and Safety

7. Monitoring and Command

7.1. Supervisor / Sergeant responsible for schools and Child Centred Policing will monitor and make any necessary amendments in order to maintain accuracy.

7.2. The SOP will be reviewed every two years with the next review scheduled for April 2025.

8. Other Source Documents

• Guidance on bullying, harassment and hate incidents where young people are victims
• Force Control Room / Investigation Management Unit response to incidents reported on school sites

9. Security

9.1. Kent Police has measures in place to protect the security of your data in accordance with our Information Management Policy (Policy W1000 - Information Management).

10. Retention and Disposal of Records

10.1 Kent Police will hold data in accordance with our Records Review, Retention and Disposal Policy (Policy W1012 - Records Review, Retention and Disposal).