What information should/should not be recorded?
Schools have a statutory duty to make general provision relating to pupils educational records which include: Data Protection Act 1998, Education (Disability Strategies and Pupils' Educational Records) (Scotland) Act 2003, The Pupils' Educational Records (Scotland) Regulations 2003 and the General Data Protection Regulation ( GDPR).
34. Schools should refer to their own Data Protection Team within the local authority regarding local procedures for obtaining permission to record personal data.
35. Bullying takes place in the context of relationships and can happen anywhere. Within the context of this guidance, the critical issue is the impact bullying behaviour has on the school environment and/or on a child or young person's learning or health and wellbeing. These factors are the responsibility of schools and provide the guiding principles for the recording of incidents on SEEMiS by the nominated member of staff.
36. When recording bullying incidents, the following information must be included:
- the children and young people involved, as well as staff or other adults;
- where and when bullying has taken place;
- the type of bullying experienced, e.g. name-calling, rumours, threats etc.;
- any underlying prejudice including details of any protected characteristic(s);
- the impact of the bullying incident, including consideration of personal or additional support needs and wellbeing concerns; and
- actions taken including resolution at an individual or organisational level.
37. Impact on the individual/group's health and wellbeing and/or learning and school environment can be established through an investigation of alleged, observed or reported bullying incidents.
38. The impact of an incident on wellbeing can be considered through the eight indicators: safe, healthy, achieving, nurturing, active, respected, responsible and included ( SHANARRI). The principles of Getting it right for every child and the SHANARRI indicators should be used to assess the impact of bullying.
39. Recording systems must gather information on any underlying prejudice including details related to any protected characteristic(s). If the incident was motivated by, or was perceived to be motivated by prejudice by any other party, including witnesses and school staff, this should also be recorded.
40. Schools may investigate any incidents of bullying that occur away from school premises or out of hours that have an effect upon the health and wellbeing and learning of children and young people. Staff members investigating the incident must ensure that appropriate support is provided within school to the child or young person(s) involved.
41. SEEMiS has updated the accompanying Technical Guidance to incorporate the changes to recording of bullying incidents. A short video has also been produced by SEEMiS to support school staff who are responsible for inputting data into the module. The Technical Guidance and video are available at www.seemis.gov.scot (September 2018).
42. Peer to peer bullying should be recorded on SEEMiS. Local authorities should have agreed procedures to record any other types of bullying ( i.e. young person to adult, adult to adult, adult to young person) in learning establishments.