Policing Pupils Glossary

A – I | J – R | S – Z

ACPO

Association of ChiefPolice Officers.

Adverse Childhood Experiences

Traumatic events that occur during childhood.

Alternative provision

An educationinstitution for students outside of mainstream and special schooling. Includes Pupil Referral Units and annexes to mainstream schools.

ASB

Anti-Social Behaviour.

Balance of probabilities

The legal test for a schools governing board to decide what the correct facts are in exclusion reviews. Where there is a dispute about what happened, the governing board and independent review panels should decide whether it is more likely than not that the pupil did what they are accused of.

Child and Adolescent Mental Health Services (CAMHS)

An NHS service that assesses and treats young people with emotional, behavioural or mental health needs. Stands for "Child and Adolescent Mental Health Services". 

Childhood criminal exploitation (CCE)

The process of coercing, pressuring or manipulating young people into engaging in criminal activity. Commonly, this is associated with “county lines” drug trafficking.

Childhood Sexual Exploitation (CSE)

The inducement of children to engage in sexual activity through coercion or manipulation. Stands for "Childhood Sexual Exploitation".

Claim for discrimination

A challenge against a school exclusion in the First Tier Tribunal or County Court, alleging that the young person has been discriminated against.

Claimant

A person applying for relief against another person in an action, suit, petition, or any other form of court proceeding.

Clerk to the governing board

A person with responsibility for arranging the governing board hearing. They may also distribute evidence, type minutes and be your point of contact for the governing board hearing.

Costs

In legal proceedings this means the costs that a party incurs in bringing or defending a claim. It includes solicitors’ and barristers’ fees, and other fees such as court fees or fees paid to expert witnesses.

Costs capping

The court can make an order at an early stage of Judicial Review proceedings that any adverse costs order will be capped, (so limited to a set amount of money). This is called a ‘Costs Capping Order’. It is to make sure that important public interest cases can be brought, by limiting the exposure of an individual or charity to an adverse costs order. The rules about when the court will make such an order are complex and solicitors should be asked for advice at an early stage about this possibility.

Costs order

The order the court makes, usually at the end of the case, about whether one party should pay the costs of the other party. The usual rule is that the unsuccessful party will be ordered to pay the costs of the successful party. This is also known as an ‘adverse costs order’.

CRIA (Child Rights Impact assessment)

A child rights impact assessments are a tool for government departments (and businesses) to check that any policies or legislation are compliant with the UK government obligations under the UN Convention on the Rights of the Child.

Crime Report Information System (CRIS)

Crime Report Information System CRIS, or the Crime Reporting Information System, is a former crime recording system used by the Metropolitan Police Service (MPS) in London. It was replaced by the CONNECT system on February 28, 2024. CRIS allowed police officers to input crime details directly into a database and conduct online searches. The system also included the ability to cross-reference reports with the Police National Computer (PNC2). CONNECT allows for more efficient crime reporting, better data quality, and a more streamlined investigative process. It also incorporates features like self-defined ethnicity recording for suspects and victims, which was not available in the older system. 

Data-controller

An organisation that holds information about a person. In relation to school files, the school holding the file is the data-controller.

Data-subject

An individual about whom information is held by an organisation. Schools keep records about a student's education. This makes the student the data-subject.

Declaration

One of the orders the court can make in a claim for Judicial Review. The court might make a declaration instead of quashing the decision that is challenged. This could be for a number of reasons. It may be because quashing the decision would cause injustice or inconvenience to other people who have relied on the decision; or because the issue between the actual parties has been resolved.

Declaration of Incompatibility

This is an order that can be made in cases involving human rights. The Human Rights Act 1998 means that UK courts must interpret the law in a way that is compatible with the European Convention on Human Rights (ECHR). If the law can’t be interpreted so as to be compatible, the court can strike out (quash) subordinate legislation (e.g. regulations and rules) but can’t strike out primary legislation (Acts of Parliament). So, if the court decides that primary legislation is incompatible with human rights, it can make a declaration of incompatibility. There is no rule that says the government must then change the law, but they usually do.

Defendant

A person or company in a law case that is accused of having done something illegal, or of harming someone else.

Direct discrimination

Treating someone less favourably than someone else, because of a protected characteristic. In contrast, indirect discrimination concerns treatment that appears to be neutral and treat everyone equally, but which may have a disproportionately adverse impact on people with protected characteristics.

Due regard

The appropriate level of consideration that needs to be given to the equality objectives set out in s.149 of the Equality Act (the PSED) when making decisions and devising policies.

Educational psychologist

A professional based in a clinical team, in a school or in the local authority who works to support young people by identifying additional needs then planning for and providing tailored support.

Education, Health and Care Plan (ECHP)

A legally binding document outlining a child or young person’s SEN support.

European Convention on Human Rights (ECHR)

This is the international treaty which the UK signed in the early 1950s. The rights guaranteed under the treaty are known as convention rights. They are listed as ‘Articles’ in the Treaty, e.g. Article 5: the right to liberty.

Equality and Human Rights Commission (EHRC)

The statutory body responsible for enforcement of the Equality Act 2010. The EHRC has powers to bring legal action in its own name against bodies that breach the Equality Act 2010. They sometimes help with the funding of cases brought by others and/ or intervene in cases. Their website contains helpful guidance: equalityhumanrights.com.

Equality Act 2010

The statute that consolidated and expanded the law on equality and discrimination. It prohibits discrimination and harassment based on nine ‘protected characteristics’ (replacing previous statutes that were confined to race, sex and disability).

Equality Act 2010 Regulations 2017

Regulations made under the Equality Act 2010 which place specific duties on public bodies to publish information to demonstrate compliance with the PSED, including ‘one of more objectives’ intended to achieve the PSED objectives.

Equality Impact Assessment (EIA)

This is the usual name for a document that aims to demonstrate how a public body has complied with the PSED when devising a new policy. There is no legal requirement to produce an EIA but it helps a public body to demonstrate the steps it has taken to fulfil the ‘due regard’ duty. It will usually be a lengthy document setting out (1) the aims and purpose of the policy/decision; (2) the information/evidence considered when making the policy/ decision (including details of any consultation and summary of responses); (3) an assessment of any potential adverse impact on protected groups; (4) details of how any potential adverse impact may be mitigated; (5) arrangements for future monitoring and assessment of the policy. Sometimes the same approach/ information is contained in documents described as ‘Equalities Assessment’, ‘Equalities Statement’ and ‘Equalities Analysis’. It is not necessarily unlawful for public bodies not to include all of the above; if challenged, it is for the public body to demonstrate that it had ‘due regard’ to the aims and duties set out in the PSED.

Exclusions Guidance

Statutory guidance to schools, governing board, and local authorities on the law and process for excluding and reviewing exclusions.

Exclusions Officer

The person with responsibility for overseeing exclusions at the local education authority.

First Tier Tribunal

A judicial body that will hear appeals against exclusions if the family believe the young person has been the victim of discrimination on the basis of disability.

Freedom of information (FOI)

The process for obtaining information about a school or other body that is not personal to any individual.

High Court

A Court that hears cases of judicial review. It has a range of powers to order a public body, such as a school or independent review panel, to rectify an error in their decision making.

HOCRS

Home Office Crime Reporting Standards https://assets.publishing.service.gov.uk/media/5a7ac34ced915d71db8b24ef/ncrs.pdf

Human Rights Act 1998

This statute brought into domestic law the rights which are protected under the European Convention on Human Rights. It means that the UK courts must interpret and apply the law in a way that is compatible with human rights. If this is not possible the courts can make a declaration of incompatibility.

Indirect Discrimination

When the treatment of people is formally the same but when those with protected characteristics are likely to suffer adverse consequences because of their protected characteristic/s. The Equality Act 2010 refers to a ‘provision, criterion or practice’ (PCP) that puts those with protected characteristics at a disadvantage. It may be possible to ‘justify’ a PCP that does result in indirect discrimination if the aims of the policy outweigh the potential discriminatory impact.

Intersectionality

Intersectionality describes the unique forms of discrimination, oppression and marginalisation that can result from the interplay of two or more identity-based grounds of discrimination.

Intersectional discrimination

This happens when two or more grounds operate simultaneously and interact in an inseparable manner, producing distinct and specific forms of discrimination.

Intervening/ Interventions

This is when an individual or organisation is given permission by the court in an existing Judicial Review to provide legal submissions and/or evidence to assist the court.