Policy Statement

The London Borough of Waltham Forest recognises that children may display behaviours that are challenging as a result of a wide range of individual circumstances, including unmet educational needs, trauma, adverse childhood experiences, special educational needs and disabilities (SEND), mental health needs, safeguarding concerns or interruptions to their education.

The Council is committed to ensuring that decisions made under the Fair Access Protocol are child-centred, evidence-based and proportionate.

Behaviour will always be considered within the context of the child's individual circumstances, with the objective of securing a suitable, sustainable mainstream school placement supported by appropriate interventions wherever possible.

Purpose

This section explains how behaviour will be considered when determining referrals under the Fair Access Protocol.

It sets out the principles that guide decision-making where behaviour is a relevant factor and should be read alongside Section 7.1 — Definition of Challenging Behaviour.

Scope of this Section

This section covers:

• consideration of behaviour within Fair Access referrals;
• principles applied when behaviour is relevant to a placement decision;
• information that may be considered by the Fair Access Panel; and
• the importance of understanding behaviour within the wider context of the child's circumstances. 

This section does not cover:

• behaviour management within schools;
• suspension or permanent exclusion procedures;
• disciplinary processes;
• Alternative Provision commissioning; or
• statutory SEND assessment or placement decisions. 

These matters are governed through separate statutory or local procedures.

Principles

Where behaviour is relevant to a referral, the Fair Access Panel will be guided by the following principles:

• every child will be considered as an individual;
• behaviour should be understood within the context of the child's personal, educational and family circumstances;
• decisions will be based upon objective evidence rather than assumptions or reputation;
• the Panel will consider both presenting behaviour and any underlying factors that may be contributing to that behaviour;
• safeguarding considerations will take precedence where relevant;
• decisions should promote successful reintegration and sustainable educational outcomes; and
• the least restrictive and most appropriate mainstream placement should be identified wherever suitable. 

Considering Behaviour

The Fair Access Panel may consider behaviour where it is relevant to determining the most appropriate mainstream placement.

Relevant information may include:

• previous educational history;
• attendance history;
• chronology of significant incidents;
• behaviour support strategies already implemented;
• assessments undertaken by relevant professionals;
• safeguarding information;
• SEND information;
• medical or mental health information, where relevant;
• risk assessments;
• the child's views;
• the views of parents or carers; and
• information provided by previous schools or agencies. 

Behaviour should never be considered in isolation from the child's wider circumstances.

The Fair Access Panel will consider the effectiveness of previous interventions and support strategies, recognising that behaviour should be understood within the context of the support that has been provided and the child's response to that support.

Contextual Factors

When considering behaviour, the Panel should have regard to factors that may have influenced the child's presentation, including:

• trauma or adverse childhood experiences;
• bereavement;  
• domestic abuse;
• exploitation;  
• mental health needs;
• neurodiversity;  
• special educational needs or disabilities;
• interrupted or fragmented education, including periods of absence from school or Alternative Provision;
• family circumstances;
• social care involvement;
• bullying or peer relationships; and
• any other relevant contextual information. 

The existence of one or more of these factors does not determine the outcome of a referral but should inform a balanced assessment of the child's needs.

Behaviour and Fair Access Eligibility

The presence of challenging behaviour does not, in itself, determine eligibility for consideration under the Fair Access Protocol.

Eligibility is determined in accordance with Section 5 of this Protocol and the School Admissions Code.

Where behaviour is relevant, it will be considered alongside all other relevant information when determining the most appropriate educational placement.

Evidence-Based Decision-Making

Where behaviour forms part of a referral, decisions should be supported by evidence that is:

• relevant;  
• proportionate;  
• objective;  
• current;  
• accurate; and
• sufficient to enable the Fair Access Panel to reach an informed decision. 

The Panel should avoid placing undue weight on isolated incidents where these are not representative of the child's overall circumstances or current level of need.

Promoting Successful Placements

Where behaviour has been identified as a relevant consideration, the Fair Access Panel should seek to identify placements that maximise the likelihood of successful reintegration and long-term educational stability.

This may include consideration of:

• pastoral support;
• phased transition arrangements;
• multi-agency support;
• mentoring;  
• reasonable adjustments;
• early review arrangements; and
• other support identified as necessary to promote a successful placement. 

The objective is not simply to identify an available school place but to secure a placement capable of meeting the child's needs and supporting positive educational, social and emotional outcomes.

Where a Child Requires Additional Support Beyond Mainstream Ordinarily Available Provision

Where the evidence indicates that a child's needs are unlikely to be met successfully within a mainstream school through inclusive practice, Ordinarily Available Provision and reasonable adjustments, consideration should be given to whether the child would benefit from additional support through the Council's wider inclusion arrangements.

In such circumstances, a referral may be made to the Inclusion Panel, which is responsible for considering whether the child would benefit from:

• additional multi-agency planning and intervention;
• enhanced inclusion support to facilitate successful placement or reintegration;
• access to specialist advice and services;
• targeted intervention to support the child, family and school; or
• where appropriate and in accordance with the Council's Inclusion Framework, placement in Alternative Provision. 

The purpose of referral to the Inclusion Panel is to ensure that children whose needs exceed those that can ordinarily be met through mainstream inclusive practice receive the most appropriate support at the earliest opportunity.

The Fair Access Panel does not determine Alternative Provision placements or the commissioning of additional inclusion support.

Where, during consideration of a referral, the Fair Access Panel considers that a child's needs may exceed those that can reasonably be met within mainstream education through Ordinarily Available Provision and reasonable adjustments, it may recommend that the case is referred to the Inclusion Panel before determining whether a placement through the Fair Access Protocol remains appropriate.

Where appropriate, the Fair Access Panel and Inclusion Panel will work collaboratively to support timely decision-making and minimise unnecessary interruption to the child's education.

Further information regarding Alternative Provision and reintegration arrangements is set out in Sections 11 and 12 of this Protocol. 

Key Practice Points

• Consider behaviour within the context of the child's individual circumstances.
• Base decisions on objective and relevant evidence.
• Consider safeguarding, SEND and wellbeing alongside behaviour.
• Promote sustainable placements rather than short-term solutions.
• Focus on support, inclusion and successful reintegration wherever appropriate. 

Governance Note

Behaviour forms only one element of the information considered by the Fair Access Panel.

Any decision relating to school placement will be made in accordance with:

• Section 2 — Council's Key Principles;
• Section 3 — Ensuring Fair Distribution of Places;
• Section 5 — Children Eligible for Consideration under the Fair Access Protocol;
• Section 7.1 — Definition of Challenging Behaviour; and
• Section 19 — Fair Access Panel Governance and Terms of Reference. 

Cross References

This section should be read alongside:

• Section 7.1 — Definition of Challenging Behaviour;
• Section 10 — Suspensions and Permanent Exclusions;
• Section 11 — Alternative Provision;
• Section 12 — Reintegration from Alternative Provision; and
• Section 19 — Fair Access Panel Governance and Terms of Reference.

7.1 Definition of Challenging Behaviour

Policy Statement

The London Borough of Waltham Forest recognises that the term challenging behaviour has a specific meaning within the context of the Fair Access Protocol and should be interpreted consistently, fairly and in accordance with the School Admissions Code.

The Council is committed to ensuring that behaviour is considered objectively, proportionately and within the context of each child's individual circumstances.

A child's behaviour should never be viewed in isolation from the factors that may have contributed to it, nor should the existence of challenging behaviour automatically determine the educational placement offered through the Fair Access Protocol.

Purpose

This section provides the definition of challenging behaviour for the purposes of the Fair Access Protocol and explains how the Fair Access Panel will apply that definition when considering referrals.

It should be read alongside:

• Section 5 — Children Eligible for Consideration under the Fair Access Protocol;
• Section 6 — Identification of Children;
• Section 7 — Children with Challenging Behaviour; and
• Section 19 — Fair Access Panel Governance and Terms of Reference. 

Statutory Definition

For the purposes of the Fair Access Protocol, the Council will apply the definition of challenging behaviour contained within the School Admissions Code, together with any subsequent amendments or replacement statutory guidance issued by the Secretary of State.

The interpretation of challenging behaviour within this Protocol should always be read consistently with the School Admissions Code.

Local Interpretation

When considering whether behaviour is sufficiently serious to be relevant to a referral under the Fair Access Protocol, the Fair Access Panel will consider:

• the nature, seriousness and frequency of the behaviour;
• the context in which the behaviour occurred;
• the child's age and stage of development;
• any identified SEND, disability or medical needs;
• safeguarding concerns;
• trauma, adverse childhood experiences or other vulnerabilities;
• the effectiveness of previous interventions and support strategies;
• whether behaviour has improved over time;
• the views of relevant professionals;
• the views of the child and parents or carers, where appropriate; and
• any other relevant information presented to the Panel. 

No single factor will determine whether behaviour is regarded as challenging for the purposes of this Protocol.

Behaviour That Would Not Normally Meet the Threshold

The following would not normally, on their own, be regarded as behaviour meeting the threshold for consideration under this section:

• isolated or minor behavioural incidents;
• low-level disruption managed through ordinary school behaviour policies;
• occasional poor attendance where there are no associated behavioural concerns;
• behaviour that is primarily attributable to unmet SEND without appropriate assessment or support having first been considered;
• behaviour arising from temporary emotional distress where appropriate support is being provided; or
• incidents that have been appropriately addressed and are no longer representative of the child's current presentation. 

Each case will nevertheless be considered on its own individual circumstances.

Behaviour That May Meet the Threshold

Subject to the School Admissions Code and the individual circumstances of the child, behaviour may be regarded as sufficiently challenging where there is evidence of:

• persistent serious disruption to learning despite appropriate interventions;
• repeated incidents presenting a significant risk to the safety or wellbeing of others;
• serious violence or aggression;
• behaviour resulting in repeated breakdown of educational placements;
• behaviour associated with significant safeguarding concerns; or
• other serious behaviours supported by objective evidence and professional assessment. 

The examples above are illustrative only and do not create additional eligibility criteria beyond those contained in the School Admissions Code.

Information Normally Considered

Professional Judgement

The Fair Access Panel will exercise professional judgement when considering behaviour.

Decisions will be:

• evidence-based;  
• proportionate;  
• transparent;  
• consistent with the School Admissions Code;
• informed by safeguarding responsibilities;
• child-centred; and
• directed towards achieving a sustainable mainstream placement wherever appropriate. 

The Panel will avoid relying solely on labels, assumptions or historical reputation and will instead consider the child's current circumstances and capacity to succeed with appropriate support.

Key Practice Points

• Apply the School Admissions Code consistently.
• Consider behaviour in context, not in isolation.
• Base decisions on objective evidence.
• Recognise the impact of trauma, SEND and safeguarding issues.
• Consider previous interventions and their effectiveness.
• Focus on securing sustainable educational outcomes rather than responding solely to past behaviour. 

Governance Note

The consideration of challenging behaviour forms only one aspect of the Fair Access Panel's decision-making process.

Eligibility for consideration under the Fair Access Protocol is determined in accordance with Section 5, while placement decisions are made under the governance arrangements described in Section 19.