Memorandum submitted by The Runnymede
Trust
EXECUTIVE SUMMARY
The issue of behaviour and discipline in schools,
with regard specifically to the use of sanctions such as exclusion,
is one which has caused great concern among the parents of Black
children for some years.[136]
The following response is based on work and research which has
addressed these concerns and draws particular attention to recent
exclusions statistics and research on appeals panels. The response
makes reference to the last assessment of race equality and school
exclusions undertaken by the previous government, proposes a movement
towards zero permanent exclusions, and a less punitive approach
to the parent/school relationship with regard to improving behaviour
and discipline among children and young people.
ABOUT RUNNYMEDE
Runnymede is a social policy research organisation
focused on race equality and race relations. We work by:
— Influencing policy at all levels through
providing thought leadership and robust evidence.
Runnymede has been active in the field of education
for many years. Within our current education work we devise and
promote practical strategies for use in the classroom and, at
community level, we aim to address and support the specific needs
of minority ethnic young people. Further we focus on identifying,
sustaining and augmenting improvements in race equality and social
cohesion in the changing terrain of education policy and practice.
1. Approaches taken by schools and local
authorities to address challenging behaviour, including fixed-term
and permanent exclusions
1.1 Fixed-term and permanent exclusions
are issues which disproportionately affect Black Caribbean and
Black African children—particularly boys. Black Caribbean
boys are three times more likely than their white counterparts
to be excluded.
1.2 During 2008-09 nearly 6% of all pupils experienced
a fixed term exclusion. However 11% of all Black Caribbean pupils
and 11.4% of mixed Black Caribbean and White pupils were temporarily
excluded during the same period.[137]
The discrepancies are similar at the level of permanent exclusion,
though the numbers are smaller. Over the same period, 0.10% of
all pupils were permanently excluded, but 0.30% of all Black Caribbean
and 0.25% of all Mixed Black Caribbean and White pupils experienced
this sanction. It is worth noting that the numbers of these groups
within the school population is very small.[138]
1.3 Black Caribbean and mixed Black and
White Caribbean boys experience a high number of exclusions—16.6%
of all Black Caribbean boys and 16.3% of all Mixed Black and White
Caribbean experienced a fixed term exclusion during 2008-09 in
comparison to 8% of their White and 4% of their Asian counterparts.
1.4 Research by the former Department for
Education and Skills suggest a number of reasons as to why Black
pupils are disproportionately excluded, including institutional
racism. The report argues that Black pupils encounter both conscious
and unconscious prejudice from teachers—for example, research
has found that throughout their education black pupils are disciplined
more (both in terms of frequency and severity) and often for milder
offences than those leading to their white peers being punished.
The report recommended that to help decrease exclusions of Black
pupils there should be consistent and continued monitoring of
pupil progress to identify problems early on, more teacher training
on matters of race equality, involving pupils in designing and
setting rules, and providing support from academic mentors.[139]
1.5 Exclusions have an incredibly negative
impact on a pupil's education and future life chances and also
negatively impact on society as a whole. In a recent article written
for Runnymede's quarterly publication The Runnymede Bulletin,
the academics David Gillborn and David Drew reported that excluded
pupils are four times more likely to finish their education without
having gained academic qualifications.[140]
Subsequent access to higher education and employment is therefore
limited. Furthermore, if a child has lower academic achievement
they are more likely to become involved in criminal activity.[141]
1.6 Taking the above issues into account,
it is Runnymede's position that schools should move towards a
zero permanent exclusions policy. Research suggests that zero
exclusion schools and local authorities are possible, reducing
the damage that can be done to children and their families. Such
an approach would also address the persistent disproportionate
exclusions of some particular ethnic groups over others and minimise
the clear cost to other services given the risk of underemployment,
and criminal activity for permanently excluded young people.[142]
1.7 Given the extremely negative impact
exclusions have on a pupil's life chances, Runnymede is particularly
concerned that the Government will abolish Independent Appeals
Panels as part of its ongoing education reforms. In a 2008 working
paper on behaviour and schools the Conservative party stated that
if elected they would end the right to appeal against exclusion,
noting that such panels "undermine headteachers' authority".[143]
As Gillborn and Drew argue in their article for the Runnymede
Bulletin, appeals panels represent a vital safeguard against miscarriages
of justice and offer a chance for parents' voices to be heard.
In addition, only 2% of exclusions are overturned by appeals panels,
and approximately 90% of exclusions are simply not brought before
these independent groups, highlighting that the situation is far
from a widespread undermining of teacher's authority. It is crucial
that teachers are held to account on exclusions decisions, particularly
given the massive impact such decisions can have on a child's
future.
2. Ways of engaging parents and carers in
managing their children's challenging behaviour
2.1 Seeking the involvement of parents in
the management of a child's behaviour at school is important but
should occur in such a way as to reinforce the positive nature
of the relationship between home and school, rather than the punitive
approach that featured heavily in the previous Government's policy
responses to parenting. For example, the Education and Inspections
Act 2006 introduced the use of penalty orders, to be used against
a parent when their excluded child was found in a public place
during the first five days of an exclusion.
2.2 In a consultation response to the 2008 guidance
on Improving Behaviour and Attendance: Guidance on exclusion
from schools and pupil referral units, we noted our concern
that this policy would have far reaching implications for working
lone parent families, and as a result, also for those from Black
and minority ethnic backgrounds given that 59% of Black Caribbean,
44% of Black African children and 61% of children in Mixed households[144]
grow up in single parent families,[145]
whilst the overall proportion of children in the UK living with
a lone parent is 22%.
2.3 These parents will have to make arrangements
with their employers in order to be at home to monitor their child's
movements, which may not be welcomed should these requests occur
frequently, hence placing their employment at risk. The impact
therefore upon specific groups will clearly be disproportionate.
2.4 We therefore remain concerned that this
particular policy approach will impact disproportionately upon
Black Caribbean groups, and/or those on low incomes, and that
it is not likely to assist in attempts to engage the parents of
those children who currently experience disproportionate school
exclusions.
3. The efficacy of alternative provision
for pupils excluded from school because of their behaviour
3.1 Research suggests that there is a gap
in our knowledge generally about the ethnic make up of onsite
units, the length of time that students are placed within them
and the educational support received by students once there.[146]
We have ourselves commented elsewhere that it is necessary that
data collected on the make-up of pupils currently placed in pupil
referral units and other methods of alternative provision, clearly
include information on ethnic background, together with other
indicators.[147]
3.2 Knowing how alternative provision is
used, particularly in those units housed on school premises specifically
for this purpose, is immensely important, given that these latter
units are to be used only temporarily and not for extended periods
of time. Given that we do not know how long pupils are spending
within this provision, as this data is not uniformly collected,
it is clearly difficult to be able to comment on their efficacy.
In our view, this requires urgent attention if there is to occur
full support for positive behaviour in schools.
4. The Government's proposals regarding teachers'
powers to search pupils, removal of the requirement for written
notice of detentions outside school hours, and the extent of teachers'
disciplinary powers, as announced by the Department on 7 July
4.1 As Runnymede have argued elsewhere,
institutions are required by law to assess the impact of their
policies upon individuals from different ethnic backgrounds under
the Race Relations (Amendment) Act (2002), and will still be required
to do this when the Equality Act comes into force in October this
year. Given this legal requirement, if increased powers to search
pupils and introduce detention without notice were introduced,
careful monitoring of those in receipt of these punishments must
take place.[148]
4.2 In addition, if Black pupils are searched
more than other pupils or feel unfairly targeted, trust may be
undermined, potentially leading to more negative behaviour in
the classroom.[149]
4.3 We are extremely concerned about proposals
to remove the requirement for written notice of detention outside
school hours. Given the safety concerns of parents for the whereabouts
of their children, particularly if their children are at risk
due to where they live and the nature of their journey from home
to school, it is essential that the school gives notice to a parent
if their child is to remain at school outside school hours. In
addition, it is our view that this is in direct opposition to
the current insistence that parents of excluded children must
account for their whereabouts in the first five days of an exclusion.
It is only fair that parents be kept up to date by the school
on their child's whereabouts in return.
5. Recommendations
5.1 That a movement towards zero permanent
exclusion schools be undertaken, given the impact that these sanctions
have both on the child, and on the additional services (ie criminal
justice system, social services) that may need to become involved
with these young people over their lifetimes.
5.2 That in view of the above, an assessment
of the strategies employed by non or low excluding schools and
local authorities be made by government with a move to drawing
on and sharing good practice across other educational institutions
5.3 That the rate of exclusions of Black
pupils within Academy status schools (currently standing at 3.6
times that of White pupils in state maintained schools) be monitored,
specifically given the move by government to rapidly increase
the numbers of such schools.
5.4 That the Government re-assess any provisional
plans to abolish Independent Appeals Panels, given that almost
90% of all exclusions take place without a subsequent appeal and
only 2% of permanent exclusions are overturned via this method.
More importantly, the possibility of a child being wrongly accused
and the necessity of holding schools and head teachers to account,
renders these appeals an essential part of the behaviour and discipline
process.
5.5 That the Government review the use of
penalty orders on a parent relating to the whereabouts of a child
excluded for less than 6 days, given its disproportionate impact
on lone parents and those on low incomes.
5.6 That clear recommendations to schools
as to the monitoring of use of alternative onsite behaviour units
be made, specifically in relation to frequency of use, ethnic
background of pupils placed within them, length of time spent
within units and educational support given to those within them
5.7 That careful monitoring of those in
receipt of specific sanctions, such as pupils subject to searches
by teaching staff, be made, and a re-assessment of the introduction
of detention without notice occur.
September 2010
136 Weekes-Bernard, D (2010) Did They Get it Right?
School Exclusions and Race Equality, Runnymede Perspectives
Report, http://www.runnymedetrust.org/uploads/publications/pdfs/DidTheyGetItRight-2010.pdf Back
137
Department for Education (2010) Permanent and Fixed period Exclusions
from Schools and Exclusions Appeals in England, SFR 22/2010, http://www.dcsf.gov.uk/rsgateway/DB/SFR/s000942/SFR22_2010.pdf Back
138
As at January 2009 only 1.2% of all pupils were mixed Black and
White Caribbean, and 1.4% of all pupils are Black Caribbean (these
figures remain unchanged at January 2010), Department for Children
Schools and Families (2009) Schools, Pupils and their Characteristics,
January 2009, SFR 08/2009, http://www.dcsf.gov.uk/rsgateway/DB/SFR/s000843/SFR08_2009.pdf Back
139
Department for Education and Skills (2006) Exclusion of black
pupils: priority review. Getting it. Getting it right., London.
http://www.standards.dfes.gov.uk/ethnicminorities/resources/PriorityReviewSept06.pdf Back
140
Gillborn, D and Drew, D (2010) "Academy Exclusions",
Runnymede Bulletin, Summer edition 2010. pp 12-13 http://www.scribd.com/doc/35298622/Runnymede-Bulletin-Summer-2010-Final Back
141
Gillborn & Drew, ibid. Back
142
Parsons, C (2009) Strategic Alternatives to Exclusion from
School, Stoke-on-Trent, Trentham Books. Back
143
Conservative Party (2008) "Giving Power Back to Teachers".
London: Conservative Party, p 2 http://www.scribd.com/doc/19023021/Giving-Power-Back-to-Teachers Back
144
Labour Force Survey (2002) http://www.nso.gov.mt/statdoc/document_view.aspx?id=592 Back
145
Select Committee on Home Affairs (2007) Second Report, http://www.parliament.the-stationery-office.com/pa/cm200607/cmselect/cmhaff/181/18106.htm£a22 Back
146
Val Gillies (2010) "Behavioural Support Units: Excluded but
Included" discussion paper presented at Are We Getting It
Right Yet, Runnymede e-conference, 8 February, http://www.runnymedetrust.org/events-conferences/econferences/econference/excluded-but-included.html Back
147
Sheikh, S & Berkeley, R (2007) Runnymede Consultation Response
to Back On Track: A Strategy for Modernising Alternative Provision
for Young People, http://www.runnymedetrust.org/uploads/policyResponses/BackOnTrack-ConsultationResponse.pdf Back
148
K Sveinsson (2007) Response to the Draft Guidance for School Staff:
Screening or Searching pupils for weapons, The Runnymede Trust,
http://www.runnymedetrust.org/uploads/policyResponses/ScreeningOrSearchingPupilsForWeapons.pdf Back
149
Sveinsson, ibid. Back
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