SES Policy C(iv) STAMFORD ENDOWED SCHOOLS POLICY ON SAFEGUARDING CHILDREN AND YOUNG PEOPLE This Policy applies to the Stamford Endowed Schools (SES) which comprises Stamford Junior School (SJS) including the Stamford Nursery School EYFS setting, Stamford High School (SHS), and Stamford School (SS) and is in accordance with the agreed inter-agency procedures for the Lincolnshire Local Safeguarding Children Board, and those of other LSCBs, if the pupil is domiciled in a different county. SES fully recognises the responsibility it has under section 175 of the Education Act 2002 to have arrangements in place to safeguard and promote the welfare of children1. Through their day-to-day contact with pupils and students2 and direct work with families, staff3 at SES have a crucial role to play in noticing indicators of possible abuse or neglect and referring these to the appropriate agency, normally the appropriate Social Care team. This policy sets out how the SES governing body discharges its statutory responsibilities relating to safeguarding and promoting the welfare of children who are students at the school. This policy is available to parents on request and on the school website. There are four main elements to the SES policy: PREVENTION through the teaching and pastoral support offered to students and the creation and maintenance of a whole school protective ethos. PROCEDURES for identifying and reporting cases, or suspected cases, of abuse. SUPPORT TO STUDENTS who may have been abused. PREVENTING UNSUITABLE PEOPLE WORKING WITH CHILDREN This SES policy applies to all employed staff, full-time and part-time, supply staff and contracted staff, and volunteers working in the Schools including governors. We recognise that teaching assistants, mid-day supervisors, administration and support staff as well as teachers can often be the first point of disclosure for a child. Concerned parents may also contact school governors as their first point of contact. 1 In this document the term Child or Children refers to any young person under the age of 18. 2 In SES the term pupil is used routinely for children in SJS, i.e. under the age of 11, and the term student for those over the age of 11. For the purpose of brevity and clarity only the word student is used in this document but it is meant to refer to all children within SES including those who are in SJS. 3 Under the 2007 amendment to DfE regulations the term staff is defined as any person working at the Schools whether under contract of employment, under a contract for services or otherwise than under a contract, and includes a person working as a volunteer, but does not include supply staff. In this policy it will include supply staff other than those provided by an agency and the term volunteer is used explicitly in the policy to emphasise the fact. ses child protection policy C(iv) v16 June 2013 Review: June 2014 1 SES Policy C(iv) 1.0 PREVENTION 1.1 SES recognises that high self-esteem, confidence, supportive friends and good lines of communication with a trusted adult help to protect children. 1.2 The SES will therefore: 1.2.1 establish and maintain an ethos where children feel secure and are encouraged to talk and are listened to; 1.2.2 ensure children know that there are adults in the Schools whom they can approach if they are worried or in difficulty; 1.2.3 include in the curriculum activities and opportunities for Personal and Social Development (PSD) which equip children, appropriate to their age, with the skills they need to stay safe from abuse and information about who to turn to for help. Self esteem and confidence building, thinking independently and making assessments of risk based on their own judgements are encouraged; 1.2.4 include in the curriculum material which will help children develop realistic attitudes to the responsibilities of adult life 1.2.5 1.2.6 embed e-safety at every relevant opportunity SES does not tolerate any form of corporal punishment 1.2. 7 In case of serious harm the police will be informed at the outset 2.0 PROCEDURES 2.1 SES will follow the procedures set out in the relevant Local Safeguarding Children Board (LSCB) Code of Practice. The Local Safeguarding Children Board will be the one relevant to where the pupil lives. In the case of Boarding pupils it will be the Lincolnshire Local Safeguarding Children Board. Communication with the relevant agency will take place whenever an allegation or disclosure of abuse has been made 2.2 Designated Persons i.e. Designated Senior Members of Staff for Safeguarding Children and Young People (Child Protection Officers) Each of the Schools within SES will: 2.2.1 ensure that it has a Designated Person, who will be a member of the School’s Senior Leadership Team and who has undertaken as a minimum the 2 day child protection training course, accredited by a Local Safeguarding Children Board. The Designated Persons are the Schools’ Child Protection Officers and are named at the end of this policy 2.2.2 ensure that this training in safeguarding children and young people and interagency working is updated every two years in accordance with government guidance; 2.2.3 recognise the importance of the role of the Designated Person and ensure that she/he has time and training to undertake her/his duties; 2.2.4 ensure that there are contingency arrangements should the Designated Person not be available. Generally this will be a second member of staff at each school who has undertaken the 2 day Designated Person training and who has updated it every 2 years as required, but the Designated Persons in the other Schools within SES will also be available for advice and action where necessary; ses child protection policy C(iv) v16 June 2013 Review: June 2014 2 SES Policy C(iv) 2.2.5 ensure that the Designated Person will take advice from a safeguarding children and young people child protection specialist, normally the LSCB, when managing complex cases. 2.2.6 The role of the Designated Persons is described in more detail in Appendix A and in the separate document “Procedures to be followed by the Designated Person” (to be found on Sharepoint) 2.3 Early Years Foundation Stage SES will 2.3.1 designate a practitioner to take lead responsibility for safeguarding children within the EYFS setting and liaising with local statutory children’s agencies as appropriate 2.3.2 In the case of the Stamford Nursery School, this person is Nicky Woodward supported by Claire Hughes , the Designated Person at Stamford Junior School. 2.3.3 The LADO (Local Authority Designated Officer) will be consulted about any Early Years allegations (see section 7.1) 2.3.4 inform Ofsted, as soon as is reasonably possible but at the latest within 14 days, of any allegations of serious harm or abuse by any person living, working or looking after children on the premises (whether that allegation relates to harm or abuse committed on the premises or elsewhere), or any other abuse which is alleged to have taken place on the premises, and of the action taken in respect of these allegations. ensure that all members of staff (full-time, part-time and volunteers) are aware that Personal mobile phones and devices must be kept with their personal items in the cloakroom, staff must not have them on their person whilst working directly with children In case of a specific personal need to have a personal mobile phone with them members of staff must seek permission from the Director of Early Years to keep their phone with them, and under no circumstance use it as a camera Personal mobile devices will never be used to take photographs of children in school Where school mobile devices (such as an ipad) have been used to take photographs of children, specific permission should be sought from the designated person and the Director of Early Years in order to continue working with these images off school premises. Photographs of children should never be stored on personal computers, off school premises. For clarification – personal devices are devices which are taken to a teacher’s home on a daily basis. School devices remain at school and do not go to a teacher’s home. 2.3.5 Appendix D shows the Safeguarding Policy for the Stamford Nursery School. 2.4 The Role of Governors and School Staff SES will: 2.4.1 ensure that every member of staff (full-time, part-time, temporary and volunteers) and every Governor is aware: of the name of the Designated Person in each of the three schools and her/his role; that they have an individual responsibility for referring child protection concerns using the proper channels (normally to the Designated Person) and within 24 hours of a disclosure or suspicion of abuse; where the LSCB Codes of Practice are located; of the contents of the document “Guidance for Safer Working Practice for Adults who work with Children and Young People in Education Settings” (to be found in Sharepoint) ses child protection policy C(iv) v16 June 2013 Review: June 2014 3 SES Policy C(iv) 2.4.2 provide training for the Principal, Head, all paid staff (full, part-time and occasional visiting staff) from the point of their induction, and updated every three years at a minimum, so that they know: their personal responsibility the Schools’ procedures the categories of abuse, signs and symptoms the need to be vigilant and to respond to a child who tells of abuse how to support and respond to a child who tells of abuse The above are detailed in the appendix B “Safeguarding Children and Young People: Information for Staff”, which staff are required to read annually, along with this policy, and record that they have done so. SES will also provide training for volunteers. 2.4.3 ensure that all staff and volunteers recognise their duty and feel able to raise concerns about poor or unsafe practice in regard to children and that such concerns are addressed sensitively and effectively in a timely manner in accordance with agreed whistle-blowing policies. 2.4.4 ensure that pupils given positions of responsibility over other pupils are briefed on the appropriate action to take should they receive any allegations of abuse 2.4.5 ensure that all staff involved in boarding are aware of the “Missing Child Policy and Procedure” 2.4.6 ensure that all staff are aware of the procedures for dealing with abuse by one or more pupils against another pupil, as detailed in the Schools’ Anti-Bullying policy. The Designated Person should be kept informed of any instances of bullying in case they concern a child already deemed at risk. In situations where there are concerns that a child may be suffering, or is at risk of suffering, significant harm because of the behaviour, the matter should be referred wholly to the Designated Person. 2.4.6 ensure that any deficiencies or weaknesses in regard to safeguarding children and young people arrangements are remedied without delay. Liaison with Other Agencies 2.5 SES will: 2.5.1 work to develop effective links with relevant agencies and co-operate as required with their enquiries regarding safeguarding children and young people matters including attendance and written reports at initial case conferences, core groups and child protection review conference 2.5.2 notify the Local Authority Safeguarding Lead if: 2.6 it should have to exclude a student who is the subject of a child protection plan (whether fixed term or permanently); there is an unexplained absence of a student who is the subject of a child protection plan of more than two days duration from school (or one day following a weekend); or as agreed as part of any child protection or core group plan. Record Keeping SES will: 2.6.1 keep clear detailed written records of concerns about children (noting the date, event and action taken), even where there is no need to refer the matter to Social Care or the LADO immediately; 2.6.2 ensure that all records are kept secure and in locked locations; ses child protection policy C(iv) v16 June 2013 Review: June 2014 4 SES Policy C(iv) 2.6.3 ensure that all relevant child protection records are sent to the receiving school or establishment when a student moves schools within 5 days of notification. 2.6.4 keep detailed records of staff and Governor training 2.7 Confidentiality and Information Sharing 2.7.1 Staff will ensure confidentiality protocols are adhered to and information is shared appropriately. If in any doubt about confidentiality, staff will seek advice from a senior member of staff or outside agency as required. 2.7.2 The Principal, Heads or Designated Persons will disclose any child protection information about a student to other members of staff on a need to know basis only. 2.7.3 All staff must be aware that they have a professional responsibility to share information with other agencies in order to safeguard children. 2.7.4 All staff must be aware that they cannot promise a child to keep secrets. 2.8 Communication with Parents SES will: 2.8.1 ensure that parents have an understanding of the responsibility placed on the school and staff for safeguarding children and young people and have access to the school’s safeguarding children and young people policy. 2.8.2 undertake appropriate discussion with parents prior to involvement of another agent unless the circumstances preclude this. Parents/carers should generally be consulted before a referral is made about them to another agency but there are certain circumstances when this is not the case. Staff are advised to seek guidance if they are unclear as to whether they should discuss a concern with parents. 3.0 SUPPORTING THE STUDENT AT RISK 3.1 SES recognises that children who are abused or witness violence may find it difficult to develop a sense of self-worth and to view the world as benevolent and meaningful. They may feel helplessness, humiliation and some sense of self-blame. 3.2 School may be the only stable, secure and predictable element in the lives of children at risk. Nevertheless, when at school their behaviour may be challenging and defiant or they may be withdrawn. 3.3 SES recognises that some children actually adopt abusive behaviours and that these children must be referred on for appropriate support and intervention. 3.4 SES will endeavour to support students through: 3.4.1 the content of the curriculum to encourage self-esteem and self-motivation 3.4.2 the School ethos which (i) promotes a positive, supportive and secure environment and (ii) gives students a sense of being valued 3.4.3 SES’ expectations of behaviour are aimed at supporting all students in the Schools through an approach which focuses on the behaviour of the offence committed by the student but does not damage the student’s sense of self-worth. SES will also ensure that a student who her/himself is abused knows that SES and society in general views some behaviour as completely unacceptable and that she/he is valued and not to be blamed for any abuse which has occurred; ses child protection policy C(iv) v16 June 2013 Review: June 2014 5 SES Policy C(iv) 3.4.4 liaison with other agencies as appropriate which support the student such as Child and Adolescent Mental Health Services, the Education Psychology Service and the Education Welfare Service; 3.4.5 a commitment to develop productive and supportive relationships with parents; 3.4.6 recognition that children living in a home environment where there is domestic violence, drug or alcohol abuse are vulnerable and in need of support and protection; 3.4.7 vigilance in monitoring children’s welfare, keeping records and notifying Social Care as appropriate. 3.6 When a student who is the subject of a child protection plan leaves, information will be transferred to the new school immediately. The Child Review Manager will also be informed. SES will follow the procedures for children that are ‘Missing Children’. 3.7 Drug Use and Child Protection 3.7.1 The discovery that a young person is using illegal drugs or reported evidence of their drug use is not necessarily sufficient in itself to initiate child protection proceedings but SES will consider such action in the following situations: When there is evidence or reasonable cause: to believe the young person’s misuse may cause him or her to be vulnerable to other abuse such as sexual abuse; to believe the student’s drug related behaviour is a result of abusing or endangering pressure or incentives from others, particularly adults; where the misuse is suspected of being prompted by serious parent/carer drug misuse. 3.7.2 Children of Drug Using Parents 3.7.3 Further enquiries and or further action will be taken when SES receives reliable information about drug and alcohol abuse by a child’s parents/carers in the following circumstances; the parental misuse is regarded as problematic (i.e. multiple drug use including injection); a chaotic and unpredictable home environment exists which can be attributed to drug or alcohol misuse; children are not being provided with acceptable or consistent levels of social and health care; children are exposed to criminal behaviour. 3.8 Domestic Abuse Domestic abuse is a widespread and damaging issue and an important indicator of other kinds of abuse. The school will receive domestic abuse incident information and retain this with other child protection records. The school will vigilantly monitor the welfare of children living in domestic abuse households, offer support to them and contribute to any Multi Agency Risk Assessment Conference (MARAC) work plan as required. 4.0 PREVENTING UNSUITABLE PEOPLE FROM WORKING WITH CHILDREN 4.1 SES will operate safe recruitment practices including ensuring appropriate DBSand reference checks are undertaken according to the DFE document Safeguarding Children and Safer Recruitment in Education and any subsequent regulation and guidance. The School will carry out pre-appointment checks on volunteers. For boarding staff appointments SES operates recruitment practices which meet Standard 38 of the National Minimum Standards for Boarding Schools. ses child protection policy C(iv) v16 June 2013 Review: June 2014 6 SES Policy C(iv) 4.2 Staff who recruit staff have received safe recruitment training accredited by the National College of School Leadership and all appointment panels include a member of staff who has passed the NCSL Safe Recruitment Assessment. 4.3 SES will ensure that all staff and volunteers are aware of the need for maintaining appropriate and professional boundaries in their relationships with students and parents. 4.4 SES will ensure that staff and volunteers are aware that sexual relationships with students aged under 18 are unlawful and could result in legal proceedings taken against them under the Sexual offences Act 2003 (abuse of position of trust). 4.5 The school is committed to report to the DBS within one month of leaving the school any person (whether employed , contracted, a volunteer or student) whose services are no longer used because he or she is considered unsuitable to work with children. The DBS address for referrals is PO Box 181, Darlington DL1 9FA (tel 01325 953 795) 4.6 A referral will be made to the National College for Teaching and Leadership where a teacher has been dismissed (or would have been dismissed had he/she not resigned) and a prohibition order may be appropriate. (The reasons for such an order are: “unacceptable professional conduct, “conduct that may bring the profession into disrepute” or a “conviction, at any time, for a relevant offence” 5.0 OTHER RELATED DOCUMENTATION (all accessible on Sharepoint and available to parents on request) 5.1 Guidance for Safer Working Practice for Adults who work with Children and Young People in Education Settings 5.2 Anti-Bullying policy 5.3 Health and Safety 5.4 Whistleblowing policy 5.5 IT usage, including the storage and use of images 5.6 Drugs policy 5.7 Missing Child Policy (for Boarders) 5.7.1 Procedures to be followed by the Designated person 5.8 Use of reasonable force 5.9 Searching pupils and their possessions. These policies are reviewed periodically on behalf of the Governing Body by the Child Protection Governor and the Policies Governor. 6.0 GOVERNING BODY CHILD PROTECTION RESPONSIBILITIES 6.1 The Governing Body fully recognises its responsibilities with regard to safeguarding children and young people and promoting the welfare of children. The Governing Body will: designate a Governor with special responsibility for safeguarding children and young people who will oversee SES’s safeguarding children and young people policy and practice and champion child protection issues; will ses child protection policy C(iv) v16 June 2013 Review: June 2014 7 SES Policy C(iv) ensure that an annual report is made to the Governing Body by the Child Protection Governor on safeguarding children and young people matters to include changes affecting Safeguarding children and young people policy and procedures, child protection training received, the number of incidents/cases (no names) and safeguarding children and young people in the curriculum. undertake at the summer meeting an annual review of the Schools’ child protection policies and procedures and of the efficiency with which related duties have been discharged. review and where necessary update the safeguarding children and young people policy and all related policies annually 6.2 Extended Schools and Before and After School Activities 6.2.1 SES provides extended school facilities, including before and after school activities directly under the supervision and management of school staff. SES’ arrangements for safeguarding children and young people as written in this policy shall apply. 6.2.2 Where services or activities are provided for SES students separately by another body assurance is obtained that appropriate child protection checks and procedures, which are in line with those of SES, apply to any staff employed by that organisation, be the activity on or off site, and that there are arrangements to liaise with SES on these matters where appropriate. 6.2.3 Where services or activities are provided separately by another body for other children on SES premises SES will require confirmation that the body concerned has appropriate policies and procedures in place for safeguarding children and young people, which are in line those of SES, and that there are arrangements to liaise with the SES on these matters where appropriate. 7.0 Procedure to be followed when allegations of abuse are made against a member of staff, including the Designated Person and the Head 7.1 The Stamford Endowed Schools follow the statutory guidance “Dealing with Allegations of Abuse against Teachers and Other Staff” issued by the DfE in October 2012. See Appendix C. 7.2 The designated persons for Child Protection and senior staff have read this guidance and know they should follow it whenever child protection concerns arise involving a member of staff. They are also aware of their duty to maintain confidentiality in such situations 7.3 The key points of this guidance are: - a quick resolution should be a clear priority to the benefit of all concerned - all other options should be considered before suspending a member of staff: suspension should not be the default option - allegations that are found to be malicious should be removed from personnel records, and not be referred to in employer references - pupils that are found to have made malicious allegations will have breached school behaviour policies and appropriate sanctions should be applied - All allegations should be reported immediately 7.4 If allegations of abuse are made against a member of the Schools’ staff, whether teaching or non-teaching, they must be reported immediately to the Head, and the Principal informed immediately by the Head of the School. 7.5 INITIAL CONSIDERATIONS In the first instance the Principal (the ‘case manager’) should immediately discuss the allegation with the LADO (Local Authority Designated Officer), to consider the nature, ses child protection policy C(iv) v16 June 2013 Review: June 2014 8 SES Policy C(iv) content and context of the allegation and agree a course of action. When determining the outcome of allegation investigations the definitions: substantiated/false/malicious/unfounded/unsubstantiated should be used. These are described fully in the guidance. Points 9-15 of the guidance would then be followed 7.6 SUPPORTING THOSE INVOLVED Appropriate support will be given to employees, pupils and parent/carers involve, as described in points 16-19 of the guidance 7.7 FURTHER MATTERS INCLUDED IN THE GUIDANCE Throughout the duration of proceedings further aspects of the guidance will be followed. These cover: Confidentiality, Resignations and ‘Compromise Agreements’, Record Keeping, References, Timescales, Oversight and Monitoring, Suspension, Information Sharing, Action following a Criminal Investigation or a Prosecution, Action on Conclusion of a Case, Learning Lessons, Action in Respect of Unfounded or Malicious Allegations. 7.8 In cases where a member of the residential boarding staff is suspended pending an investigation of a child protection nature, arrangements for alternative accommodation away from children will be made. This would also apply if an allegation is made against a member of the boarding staff’s family who is normally resident in the boarding house. Where allegations are made against the Designated Person, the member of staff must immediately inform the Head. If the Head is absent, the allegation should be passed to the Principal. If the Principal is also absent the allegation is passed to the Chair of Governors. Where allegations are made against the Head then the Designated Person must inform the Principal without delay and without notifying the head first, and the above procedure followed. 7.9 Procedure to be followed when allegations of abuse are made against the Principal If an allegation of abuse is made against the Principal by a pupil or parent, the member of staff, to whom the allegation is made, must inform the Head of the pupil’s school immediately. Without notifying the Principal first, the Head (now the ‘case manager’ ) must immediately contact the LADO, as above, and inform the Chairman and the designated Governor for Safeguarding again without delay. All procedures, as described above, should then be followed. This Child Protection Policy was ratified on 28th June 2013 – though there are further amendments in October 2013 following additional regulations. The policy was approved by both Val Clark and Keith Starling. and will be reviewed on or before 30th June 2014 Signed by the Principal ___________________________________ Signed by the Chairman of Governors ____________________________________ Version 17: revised October 2013 For review June 2014 ses child protection policy C(iv) v16 June 2013 Review: June 2014 9 SES Policy C(iv) Appendix A: Summary of the Role of the Designated Senior Person and Procedures to be Followed The designated senior person acts as the focal point for all matters concerning safeguarding children and young people. One of the primary tasks is to act as the contact between school, the family and other agencies. This includes attendance at strategy meetings. All reporting must take place within 24 hours of disclosure. All contact with welfare agencies must take place within 24 hours. Incidents of possible child abuse obviously need to be handled with sensitivity and confidentiality consistent with the multi-disciplinary approach. If there is any cause for concern whatsoever it is vital that information is passed to the designated senior person immediately. In the event, following statutory investigation, of concerns proving to be unfounded, staff should not reproach themselves for having raised the issue. In cases of this nature it is always better to be safe than sorry. Child needing immediate medical treatment: If a child comes to school in need of immediate medical treatment they should initially be taken to the school’s nurse, where appropriate action will be taken. This may involve: A call or delivery to the local health centre. Delivery to hospital. Call to emergency services. If in the judgement of the designated senior person, there are indications that the cause of the problem may be related to child abuse, the medical professionals must be informed. The designated senior person must refer the case to Social Care (see procedures below). Provision of medical treatment should not be delayed by attempts to contact the parent or guardian in advance and in some cases of suspected child abuse it would be inappropriate to alert parents (see below). Child about whom there is a suspicion of possible abuse but no need for immediate medical treatment: If it is believed that a child may be suffering, or may be at risk of suffering significant harm, even in the absence of any physical evidence, this should be brought to the attention of the statutory child protection services immediately. The designated senior person should make a referral to Social Care (see the contact details in the document “Procedures to be followed by the Designated Person”) The designated senior person will make a decision on whether to seek the family’s agreement before making the referral, in line with the advice given in training and in the document “Procedures to be followed by the Designated Person”. School staff must not themselves take any further action although if a parent, guardian or other individual volunteers information this should be recorded and passed on. ses child protection policy C(iv) v16 June 2013 Review: June 2014 10 SES Policy C(iv) Appendix B : Information for Staff No one who is involved in any way with the care of children can escape responsibility for identifying the signs of child abuse and, having done so, for taking appropriate action as outlined below. Accordingly, all staff should familiarise themselves with the information outlined in this document. The designated senior person for safeguarding children and young people acts as the focal point for all matters concerning safeguarding children and young people. One of the primary tasks is to act as the contact between school, the family and other agencies. Incidents of possible child abuse obviously need to be handled with sensitivity and confidentiality consistent with the multi-disciplinary approach. If there is any cause for concern whatsoever it is vital that information is passed to the designated senior person immediately. In the event, following statutory investigation, of concerns proving to be unfounded, staff should not reproach themselves for having raised the issue. In cases of this nature it is always better to be safe than sorry. Every member of staff and every governor should know: the names of the designated senior persons in each school: SES Designated Persons (Child Protection Officers) SJS & EYFS: Claire Hughes tel: 01780 484400; e-mail clhughes@ses.lincs.sch.uk Head of Pastoral Care at SJS SHS: Dominique Evans tel: 01780 484216; e-mail deevans@ses.lincs.sch.uk Head of Pastoral Care at SHS SS: Jon Hodgson tel: 01780 750335; e-mail jphodgson@ses.lincs.sch.uk Senior Master at SS SES Governor with special responsibility for Child Protection Mrs Val Clark: vlyonsclark@gmail.com tel: 01572 821490; mobile: 07973782520 e-mail (Other members of staff who have undertaken the full designated person training and may be consulted for advice in the absence of staff listed above are: SHS: Dyl Powell – Head at SHS Alison Horton - SLT SJS: Emma Smith – Head at SJS that they have individual responsibility for referring child protection concerns using the proper channels and within the timescales set out in the Code of Practice. where the LSCB Code of Practice is located and other supporting documents www.safenetwork.org.uk “Everyone in the education service shares an objective to help keep children and young people safe by contributing to: Providing a safe environment for children and young people to learn in education settings; and Identifying children and young people who are suffering or likely to suffer significant harm, and taking appropriate action with the aim of making sure they are kept safe both at home and at school”. ses child protection policy C(iv) v16 June 2013 Review: JuneSafeguarding 2014 Children in Education DFES Sept 2004 11 SES Policy C(iv) What we know Child abuse can take place in the home, at school or in any setting where children spend their time Children can be abused regardless of their age, gender, culture, disability, racial origin or sexual identity In almost all cases the abuser is someone known and often trusted by the child 1 or 2 children die each week as a result of abuse and neglect 7% children suffer serious physical abuse by their parents 52% one year olds are hit weekly or more by their parents 6% children experience frequent and severe emotional abuse during childhood 11% under 16’s have experienced penetrative sex or an attempt against their will Babies under 1 are 4 times more likely to die a violent death than an average person 750,000+ children a year witness domestic violence 9.6% children (nearly 850,000) 5 -16 year olds have a mental disorder which distresses them /interferes with personal functions (Young Minds 2010) 5,200+ children told Childline in 2006 they were self harming (3% increase) In 2007/8 2,925 rang because they were suicidal (x3 in 5 years) 5,928 mentioned suicide 1 in 4 children have met offline someone they met online. 25% of these went alone (CEOP) Four categories of abuse Physical abuse includes Hitting Shaking Throwing Poisoning Burning /scalding Drowning Suffocation Otherwise causing physical harm Factitious or induced illness -feigning the symptoms of ill health in a child or deliberately causing the ill health (Munchausen’s Syndrome by proxy) NB Reasonable punishment is allowed Neglect is the persistent failure to meet a child’s basic physical and/or psychological needs, likely to result in the serious impairment of the child’s health or development It may involve the neglect of or lack of responsiveness to a child’s basic emotional needs and failure to o provide adequate food, shelter and clothing – includes exclusion from home/abandonment o ensure access to appropriate medical care or treatment o protect a child from physical and emotional harm or danger o ensure adequate supervision - includes use of inadequate caregivers It may occur during pregnancy resulting from maternal substance misuse Emotional abuse is the persistent emotional maltreatment so as to cause severe and adverse effects on a child’s emotional development. Some level of emotional abuse is involved in all types of ill-treatment although it may occur alone Emotional abuse may include conveying to a child that they are worthless, unloved, inadequate or loved insofar as they meet another persons needs not giving the child opportunities to express their views ses child protection policy C(iv) v16 June 2013 Review: June 2014 12 SES Policy C(iv) Also deliberately silencing them or making fun of what they say or how they communicate cyber-bullying Exploitation or corruption of children Age or developmentally inappropriate expectations Overprotection and limits on exploration and learning Serious bullying - children frequently feeling frightened or in danger Seeing or hearing the ill treatment of another Living with domestic abuse Sexual abuse Involves forcing or enticing a child or young person to take part in sexual activities whether or not the child is aware of what is happening. not necessarily involving a high level of violence Women and children can also commit acts of sexual abuse Sexual abuse may include physical contact o assault by penetration o rape or oral sex non – penetrative acts o masturbation, kissing rubbing and touching outside of clothing non-contact activities o looking at/producing child sex abuse images or pornographic material o watching sexual activity o encouraging children to behave in sexually inappropriate ways o grooming a child in preparation for abuse (including via the internet) Some typical behaviour patterns in school exhibited by abused children of all ages include: • • • • • • • • • • • • • Very aggressive behaviour to other pupils - a short fuse Persistent bullying Running away Persistent sexually provocative speech or behaviour Constant attention-seeking, usually by direct and unreasonable challenges to authority Frequent absences, particularly one-day absences Self-injury, particularly cuts on arms, legs Sullen behaviour and a wariness of any talk about home Undernourished appearance, inadequate clothing Panic attacks, fainting, headaches, or stomach aches Stealing, telling lies Writing, drawing sexually explicit stories/pictures Very low self-esteem, lack of confidence Staff responsibilities in child protection These responsibilities apply and these procedures should be followed as described, irrespective of whether a disclosure refers to abuse by a family member, a member of staff, another pupil or a group of pupils, or any other person Section 175 of the Education Act 2002 – Section 175 makes it a duty for all Local Authorities and schools to make arrangements to safeguard and promote the welfare of all children. Failure to have arrangements in place may be grounds for the Secretary of State to take action against a governing body. Governors as employers are empowered to dismiss or otherwise discipline heads and teachers who fail in this duty. ses child protection policy C(iv) v16 June 2013 Review: June 2014 13 SES Policy C(iv) If you have a concern about a pupil who may be being abused you must record your concern and pass it on to the designated person for child protection without delay. If you are unsure it is safer to err on the side of caution and take further advice. What to do if a child tells you they are the victim of abuse Don’t Listen/appear to have time and stay calm – do not appear shocked Take this seriously – accept what they say Never stop a child who is freely disclosing Use appropriate non verbal signs that you are listening – reflect back – gives permission to say more Think very carefully before offering any kind of touch Tell the child what will happen next - explain this information will have to be passed on but only to those who need to know Give choices about how this can be done Advise against telling other students Reassure the child and tell him/her I’m glad you have told me I guess that wasn’t easy to tell me It is not his/her fault It has happened to other children Ask leading or closed questions: frame the question along the lines of what, where, who, how Say anything that suggests doubt (are you sure?) Ask why – could suggest blame Judge or condemn the abuser Assume you know how the child feels Fill in silences in the conversation Make any other promise you can’t keep Correct terminology Explain the information will have to be passed on. You must not promise confidentiality or make any other promise you can’t keep. If a child says they will only tell you if you promise not to pass the information on explain that this is not possible – even if this means they refuse to say anything more Record the conversation promptly and accurately, date and sign it and pass it on to the designated teacher. This must be done within 24 hours. Remember 90% children grow up in secure happy homes (NSPCC) and the most protective way to manage child protection concerns is to work together with others to discuss and refer concerns and to update and extend your training. Contacts for agency involvement The Designated Person for Child Protection in each School holds the contact details for agency involvement. The agency contacted will depend on the prime place of residence of the child, which in the case of SES could be any of at least 6 different Local Authority Designated Officers. For incidents concerning staff, full or part-time, volunteers and boarders, the Lincolnshire LADO will be first point of contact. Extract from the Guidance for Staff Conduct This document gives guidance to staff on how to exercise caution and avoid allegations of abuse. The following gives some of the Safe Practice Guidelines. Staff should ensure their behaviour remains professional at all times, including their dress and use of language Staff must never engage in any sexual relationship with pupils, including pupils over the age of 18, ses child protection policy C(iv) v16 June 2013 Review: June 2014 14 SES Policy C(iv) in or out of school4 Any out of school contact should be planned and agreed with senior staff and parents Staff should not engage in personal email, telephone (including text messaging) or internet (social networking sites) contact with pupils. All contact with pupils should be via SharePoint, school email, school mobiles, or parents using the telephone numbers they have given us Physical contact with pupils should be minimal, time limited and age appropriate. Staff should not convey a pupil by car outside Stamford without informing the Head/Designated Person and without permission from parents if this is possible Staff must adhere to confidentiality protocols and discuss any information sharing issue with senior staff if in any doubt Staff should not hesitate to report concerns about other staff behaviour in the interest of both staff and children involved SAFEGUARDING PROCEDURES FOR RESIDENTIAL TRIPS Visits where pupils are staying with host families Prior to the visit: 1. Liaise with hosting colleagues asking them to inform you of any particular circumstances regarding their host families (e.g. any concerns about the family’s ability to provide a supportive and positive experience for the visiting pupil (absence/illness/etc), a home environment of a single sex when pupil is of the opposite) 2. If unsure, discuss concerns with the Designated Person. 3. It might also be necessary to inform the pupil’s parents of the circumstances and ask them to agree to their son/daughter being hosted by this family During the visit: 1. Speak to each pupil as soon as possible (certainly during the first day after arrival) about their accommodation. Ask particularly about sleeping arrangements, the family in general. Make a note that this has been completed with each pupil. If the pupil seems at all concerned about the accommodation/arrangements, then it might be appropriate to check with host colleagues/reassure the pupil/ensure you meet with the family and maybe visit the accommodation. 2. Should a pupil make an allegation against a member of the household/disclose child abuse, the pupil should be removed immediately and provided with accommodation elsewhere (hotel/in same accommodation as a member of staff). The Designated Person at school should be contacted immediately. S/He will decide on the appropriate course of action and inform parents. DO NOT LEAVE A CHILD IN THE ACCOMMODATION FOR FEAR OF UPSETTING HOSTS. Visits where visiting pupils are hosted by SES parents Prior to the visit: 1. Check the names of hosting families with the Designated Person to ensure there are no issues concerning the families 2. Check also with the relevant HOY that there are no other family circumstances that might limit the family’s ability to provide safe and secure accommodation for the visiting pupil During the visit: 1. Check with the visiting staff that all pupils are happy with their accommodation Visits where SES pupils are accommodated in hotels/hostels/other residential accommodation When planning the visit, check that accommodation is appropriately separate for pupils of each gender and escorting staff. (Pupils and staff should NEVER share washing and toilet facilities) ses child protection policy C(iv) v16 June 2013 Review: June 2014 15 SES Policy C(iv) On arrival check the security of the accommodation and give pupils an appropriate briefing regarding safety (windows, doors etc). Include fire safety information in this briefing and designate a clear muster point for all members of the party (remember to keep a list of the whole party to hand, should evacuation be necessary). There should be a clear “bedtime” and at least one designated member of staff should ensure that all pupils are in their rooms at this time. Appendix C DEALING WITH ALLEGATIONS OF ABUSE AGAINST TEACHERS AND OTHER STAFF GUIDANCE FOR LOCAL AUTHORITIES, HEAD TEACHERS, SCHOOL STAFF, GOVERNING BODIES AND PROPRIETORS OF INDEPENDENT SCHOOLS ABOUT THIS GUIDANCE 1. This is statutory guidance from the Department for Education. Schools, local authorities and FE colleges should have regard to it when carrying out duties relating to handling allegations against teachers and other staff. WHAT LEGISLATION DOES THIS GUIDANCE RELATE TO? • The Children Act 1989 • Section 175 of the Education Act 2002 (local authorities, governing bodies of maintained schools and institutions in the further education sector) • Section 157 of the Education Act 2002 and the Education (Independent School Standards) (England) Regulations 2010 • The Children Act 2004 • Section 11 of the Children Act 2004 (other agencies) • Sections 141F, 141G and 141H3 of the Education Act 2002. WHO IS THE GUIDANCE FOR? 2. All schools1, local authorities, governing bodies and the FE sector. This guidance relates to all adults working with children and young people, whether in a paid or voluntary position including those who work with children on a temporary, supply or locum basis. 1 “All schools” include Academies, Free Schools, independent schools and all types of maintained schools. KEY POINTS priority to the benefit of all concerned. Any unnecessary delays should be eradicated. In response to an allegation all other options should be considered before suspending a member of staff: suspension should not be the default option. An individual should be suspended only if there is no reasonable alternative. If suspension is deemed appropriate, the reasons and justification should be recorded by the employer and the individual notified of the reasons. 2 Allegations that are found to be malicious should be removed from personnel records; and any that are unsubstantiated, are unfounded or malicious should not be referred to in employer references. policies. The school or college should therefore consider whether to apply an appropriate sanction, which could include temporary or permanent exclusion (as well as referral to the police if there are grounds for believing a criminal offence may have been committed). tions. The procedures should make it clear that all allegations should be reported immediately, normally to the head teacher, principal or proprietor if it is an independent school. The procedures should also identify the person, often the chair of governors, to whom reports should be made in the absence of the head teacher or principal; or in cases where the head teacher or principal themselves is the subject of the allegation or concern. Procedures should also include contact details for the local authority designated officer (LADO) responsible for providing advice and monitoring cases. ses child protection policy C(iv) v16 June 2013 Review: June 2014 16 SES Policy C(iv) DUTIES AS AN EMPLOYER AND EMPLOYEE 3. Employers have a duty of care to their employees. They should ensure they provide effective support for anyone facing an allegation and provide the employee with a named contact if they are suspended. 4. This guidance is about managing cases of allegations that might indicate a person would pose a risk of harm if they continue to work in regular or close contact with children in their present position, or in any capacity. It should be used in respect of all cases in which it is alleged that a teacher or member of staff (including volunteers) in a school or FE college that provides education for children under 18 years of age has:a. behaved in a way that has harmed a child, or may have harmed a child; b. possibly committed a criminal offence against or related to a child; or c. behaved towards a child or children in a way that indicates he or she would pose a risk of harm if they work regularly or closely with children. 5. It is essential that any allegation of abuse made against a teacher or other member of staff or volunteer in a school or FE college is dealt with very quickly, in a fair and consistent way that provides effective protection for the child and at the same time supports the person who is the subject of the allegation. INITIAL CONSIDERATIONS 6. The procedures for dealing with allegations need to be applied with common sense and judgement. Many cases may well either not meet the criteria set out above, or may do so without warranting consideration of either a police investigation or enquiries by local authority children’s social care services. In these cases, local arrangements should be followed to resolve cases without delay. 7. Some rare allegations will be so serious they require immediate intervention by children’s social care services and/or police. The LADO should be informed of all allegations that come to a school or FE college’s attention and appear to meet the criteria so they can consult police and children’s social care services as appropriate. 8. The following definitions should be used when determining the outcome of allegation investigations: a. Substantiated: there is sufficient identifiable evidence to prove the allegation; b. False: there is sufficient evidence to disprove the allegation; c. Malicious: there is clear evidence to prove there has been a deliberate act to deceive and the allegation is entirely false; d. Unfounded: there is no evidence or proper basis which supports the allegation being made. It might also indicate that the person making the allegation misinterpreted the incident or was mistaken about what they saw. Alternatively they may not have been aware of all the circumstances; e Unsubstantiated: this is not the same as a false allegation. It means that there is insufficient evidence to prove or disprove the allegation. The term, therefore, does not imply guilt or innocence. 9. In the first instance, the head teacher or principal, or chair of governors, chair of the management committee or proprietor of an independent school (the ‘case manager’) should immediately discuss the allegation with the LADO. The purpose of an initial discussion is for the LADO and the case manager to consider the nature, content and context of the allegation and agree a course of action. The LADO may ask the case manager to provide or obtain relevant additional information, such as previous history, whether the child or their family have made similar allegations and the individual’s current contact with children. There may be situations when the case manager will want to involve the police immediately, for example if the person is deemed to be an immediate risk to children or there is evidence of a criminal offence. Where there is no such evidence, the case manager should discuss the allegations with the LADO in order to help determine whether police involvement is necessary. 10.The initial sharing of information and evaluation may lead to a decision that no further action is to be taken in regard to the individual facing the allegation or concern; in which case this decision and a justification for it should be recorded by both the case manager and the LADO, and agreement reached on what information should be put in writing to the individual concerned and by whom. The case ses child protection policy C(iv) v16 June 2013 Review: June 2014 17 SES Policy C(iv) manager should then consider with the LADO what action should follow both in respect of the individual and those who made the initial allegation. 11.The case manager should inform the accused person about the allegation as soon as possible after consulting the LADO. It is extremely important that the case manager provides them with as much information as possible at that time. However, where a strategy discussion is needed, or police or children’s social care services need to be involved, the case manager should not do that until those agencies have been consulted, and have agreed what information can be disclosed to the accused. Employers must consider carefully whether the circumstances of a case warrant a person being suspended from contact with children at the school or whether alternative arrangements can be put in place until the allegation or concern is resolved. All options to avoid suspension should be considered prior to taking that step. (Please see further information on suspension below). 12.If the allegation is not demonstrably false or unfounded, and there is cause to suspect a child is suffering or is likely to suffer significant harm, a strategy discussion should be convened in accordance with Working Together to Safeguard Children. If the allegation is about physical contact, the strategy discussion or initial evaluation with the police should take into account that teachers and other school and FE college staff are entitled to use reasonable force to control or restrain pupils in certain circumstances, including dealing with disruptive behaviour. 13.Where it is clear that an investigation by the police or children’s social care services is unnecessary, or the strategy discussion or initial evaluation decides that is the case, the LADO should discuss the next steps with the case manager. In those circumstances, the options open to the school or FE college depend on the nature and circumstances of the allegation and the evidence and information available. This will range from taking no further action to dismissal or a decision not to use the person’s services in future. Suspension should not be the default position: an individual should be suspended only if there is no reasonable alternative. 14.In some cases, further enquiries will be needed to enable a decision about how to proceed. If so, the LADO should discuss with the case manager how and by whom the investigation will be undertaken. In straightforward cases, the investigation should normally be undertaken by a senior member of the school or FE college’s staff. 15.However, in other circumstances, such as lack of appropriate resource within the school or FE college, or the nature or complexity of the allegation will require an independent investigator. Many local authorities already provide for an independent investigation of allegations, often as part of the personnel services that schools and FE colleges can buy in from the authority. It is important that local authorities ensure that schools and FE colleges have access to an affordable facility for independent investigation where that is appropriate. SUPPORTING THOSE INVOLVED 16.Employers have a duty of care to their employees. They should act to manage and minimise the stress inherent in the allegations process. Support for the individual is key to fulfilling this duty. Individuals should be informed of concerns or allegations as soon as possible and given an explanation of the likely course of action, unless there is an objection by the children’s social care services or the police. The individual should be advised to contact their trade union representative, if they have one, or a colleague for support. They should also be given access to welfare counselling or medical advice where this is provided by the employer. 17.The case manager should appoint a named representative to keep the person who is the subject of the allegation informed of the progress of the case and consider what other support is appropriate for the individual. For staff in maintained schools, that may include support via the local authority occupational health or employee welfare arrangements. Particular care needs to be taken when employees are suspended to ensure that they are kept informed of both the progress of their case and current work-related issues. Social contact with colleagues and friends should not be prevented unless there is evidence to suggest that such contact is likely to be prejudicial to the gathering and presentation of evidence. 18.Parents or carers of a child or children involved should be told about the allegation as soon as possible if they do not already know of it. However, where a strategy discussion is required, or police or children’s social care services need to be involved, the case manager should not do so until those agencies have been consulted and have agreed what information can be disclosed to the parents or ses child protection policy C(iv) v16 June 2013 Review: June 2014 18 SES Policy C(iv) carers. Parent or carers should also be kept informed about the progress of the case, and told the outcome where there is not a criminal prosecution, including the outcome of any disciplinary process. The deliberations of a disciplinary hearing, and the information taken into account in reaching a decision, cannot normally be disclosed, but the parents or carers of the child 6 Parents and carers should also be made aware of the prohibition on reporting or publishing allegations about teachers in section 141F of the Education Act 2002 (see below). If parents or carers wish to apply to the court to have reporting restrictions removed, they should be told to seek legal advice. 7 magistrates’ court to request that reporting restrictions be lifted). 23.The case manager should take advice from the LADO, police and children’s social care services to agree the following: • • • • who needs to know and, importantly, exactly what information can be shared; how to manage speculation, leaks and gossip; what, if any information can be reasonably given to the wider community to reduce speculation; and how to manage press interest if and when it should arise. RESIGNATIONS AND ‘COMPROMISE AGREEMENTS’ 24.If the accused person resigns, or ceases to provide their services, this should not prevent an allegation being followed up in accordance with this guidance. It is important that every effort is made to reach a conclusion in all cases of allegations bearing on the safety or welfare of children, including any in which the person concerned refuses to cooperate with the process. Wherever possible the accused should be given a full opportunity to answer the allegation and make representations about it. But the process of recording the allegation and any supporting evidence, and reaching a judgement about whether it can be substantiated on the basis of all the information available, should continue even if that cannot be done or the accused does not cooperate. It may be difficult to reach a conclusion in those circumstances, and it may not be possible to apply any disciplinary sanctions if a person’s period of notice expires before the process is complete, but it is important to reach and record a conclusion wherever possible. 25.So-called ‘compromise agreements’, by which a person agrees to resign if the employer agrees not to pursue disciplinary action, and both parties agree a form of words to be used in any future reference, should not be used in these cases. Such an agreement will not prevent a thorough police investigation where that is appropriate. Nor can it override the statutory duty to make a referral to the Independent Safeguarding Authority (ISA) (Disclosure and Barring Service (DBS) from December 2012) where circumstances require that. In fulfilment of the regulatory requirements SES will report to the DFE, and to ISI, within one month of leaving the schools any person (whether employed, contracted, a volunteer or student) no longer used because he or she is considered unsuitable to work with children. (http://www.isa.homeoffice.gov.uk/default.aspx?page=379) (The address for referrals is PO Box 181, Darlington DL1 9FA (tel 0300 123 1111) RECORD KEEPING 26.Details of allegations that are found to have been malicious should be removed from personnel records. However, for all other allegations, it is important that a clear and comprehensive summary of the allegation, details of how the allegation was followed up and resolved, and a note of any action taken and decisions reached, is kept on the confidential personnel file of the accused, and a copy provided to the person concerned. 27.The purpose of the record is to enable accurate information to be given in response to any future request for a reference, where appropriate. It will provide clarification in cases where future DBS Disclosures reveal information from the police about an allegation that did not result in a criminal conviction and it will help to prevent unnecessary re-investigation if, as sometimes happens, an allegation re-surfaces after a period of time. The record should be retained at least until the accused has reached normal retirement age or for a period of 10 years from the date of the allegation if that is longer. ses child protection policy C(iv) v16 June 2013 Review: June 2014 19 SES Policy C(iv) 28.The Information Commissioner has published guidance on employment records in its Employment Practices Code and supplementary guidance, which provides some practical advice on employment retention. REFERENCES 29.Cases in which an allegation was proven to be false, unsubstantiated, unfounded or malicious should not be included in employer references. A history of repeated concerns or allegations which have all been found to be unsubstantiated, malicious etc. should also not be included in any reference. TIMESCALES 30.It is in everyone’s interest to resolve cases as quickly as possible consistent with a fair and thorough investigation. All allegations must be investigated as a priority to avoid any delay. Target timescales are shown below: the time taken to investigate and resolve individual cases depends on a variety of factors including the nature, seriousness and complexity of the allegation, but these targets should be achieved in all but truly exceptional cases. It is expected that 80 per cent of cases should be resolved within one month, 90 per cent within three months, and all but the most exceptional cases should be completed within 12 months. 31.For those cases where it is clear immediately that the allegation is unfounded or malicious, they should be resolved within one week. Where the initial consideration decides that the allegation does not involve a possible criminal offence it will be for the employer to deal with it, although if there are concerns about child protection, the employer should discuss with the LADO. In such cases, if the nature of the allegation does not require formal disciplinary action, the employer should institute appropriate action within three working days. If a disciplinary hearing is required and can be held without further investigation, the hearing should be held within 15 working days. OVERSIGHT and MONITORING 32.The LADO has overall responsibility for oversight of the procedures for dealing with allegations; for resolving any inter-agency issues; and for liaison with the Local Safeguarding Children Board (LSCB) on the subject. The LADO will provide advice and guidance to the case manager, in addition to liaising with the police and other agencies, and monitoring the progress of cases to ensure that they are dealt with as quickly as possible consistent with a thorough and fair process. Reviews should be conducted at fortnightly or monthly intervals, depending on the complexity of the case. 33.Police forces should also identify officers who will be responsible for: • liaising with the LADO; • taking part in the strategy discussion or initial evaluation; • subsequently reviewing the progress of those cases in which there is a police investigation; and • sharing information on completion of the investigation or any prosecution. 34.If the strategy discussion or initial assessment decides that a police investigation is required, the police should also set a target date for reviewing the progress of the investigation and consulting the Crown Prosecution Service (CPS) about whether to: charge the individual; continue to investigate; or close the investigation. Wherever possible, that review should take place no later than four weeks after the initial evaluation. Dates for subsequent reviews, ideally at fortnightly intervals, should be set at the meeting if the investigation continues. SUSPENSION 35.The possible risk of harm to children posed by an accused person should be evaluated and managed in respect of the child(ren) involved in the allegations. In some rare cases that will require the case manager to consider suspending the accused until the case is resolved. Suspension must not be an automatic response when an allegation is reported; all options to avoid suspension should be considered prior to taking that step. If the case manager is concerned about the welfare of other children in the community or the teacher’s family, those concerns should be reported to the LADO or police. But suspension is highly unlikely to be justified on the basis of such concerns alone. 36.Suspension should be considered only in a case where there is cause to suspect a child or other children at the school or FE college is/are at risk of significant harm or the case is so serious that it might be grounds for dismissal. However, a person should not be suspended automatically: the case ses child protection policy C(iv) v16 June 2013 Review: June 2014 20 SES Policy C(iv) manager must consider carefully whether the circumstances warrant suspension from contact with children at the school or FE college or until the allegation is resolved, and may wish to seek advice from their personnel adviser and the LADO. 37.The case manager should also consider whether the result that would be achieved by immediate suspension could be obtained by alternative arrangements. In many cases an investigation can be resolved quickly and without the need for suspension. If the LADO, police and children’s social care services have no objections to the member of staff continuing to work during the investigation, the case manager should be as inventive as possible to avoid suspension. Based on assessment of risk, the following alternatives should be considered by the case manager before suspending a member of staff: • redeployment within the school or college so that the individual does not have direct contact with the child or children concerned; • providing an assistant to be present when the individual has contact with children; • redeploying to alternative work in the school or college so the individual does not have unsupervised access to children; • moving the child or children to classes where they will not come into contact with the member of staff, making it clear that this is not a punishment and parents have been consulted; or • temporarily redeploying the member of staff to another role in a different location, for example to an alternative school or college or work for the local authority or academy trust. 38.These alternatives allow time for an informed decision regarding the suspension and possibly reduce the initial impact of the allegation. This will, however, depend upon the nature of the allegation. The case manager should consider the potential permanent professional reputational damage to employees that can result from suspension where an allegation is later found to be unsubstantiated, unfounded or maliciously intended. 39.If immediate suspension is considered necessary, the rationale and justification for such a course of action should be agreed and recorded by both the case manager and the LADO. This should also include what alternatives to suspension have been considered and why they were rejected. 40.Where it has been deemed appropriate to suspend the person, written confirmation should be dispatched within one working day, giving as much detail as appropriate for the reasons for the suspension. It is not acceptable for an employer to leave a person who has been suspended without any support. The person should be informed at the point of their suspension who their named contact is within the organisation and provided with their contact details. 41.Children’s social care services or the police cannot require the case manager to suspend a member of staff or a volunteer, although they should give appropriate weight to their advice. The power to suspend is vested in the proprietor of the school, or the governing body of the school or FE college who are the employers of staff at the school or FE college. However, where a strategy discussion or initial evaluation concludes that there should be enquiries by the children’s social care services and/or an investigation by the police, the LADO should canvass police and children’s social care services for views about whether the accused member of staff needs to be suspended from contact with children in order to inform the school or FE college consideration of suspension. Police involvement does not make it mandatory to suspend a member of staff; this decision should be taken on a case-by-case basis having undertaken a risk assessment. INFORMATION SHARING 42.In a strategy discussion or the initial evaluation of the case, the agencies involved should share all relevant information they have about the person who is the subject of the allegation, and about the alleged victim. 43.Where the police are involved, wherever possible the employer should ask the police to obtain consent from the individuals involved to share their statements and evidence for use in the employer disciplinary process. This should be done as their investigation proceeds and will enable the police to share relevant information without delay at the conclusion of their investigation or any court case. 44.Children’s social care services should adopt a similar procedure when making enquiries to determine whether the child or children named in the allegation are in need of protection or services, so that any ses child protection policy C(iv) v16 June 2013 Review: June 2014 21 SES Policy C(iv) information obtained in the course of those enquiries which is relevant to a disciplinary case can be passed to the employer without delay. ACTION FOLLOWING A CRIMINAL INVESTIGATION OR A PROSECUTION 45.The police or the Crown Prosecution Service (CPS) should inform the employer and LADO immediately when a criminal investigation and any subsequent trial is complete, or if it is decided to close an investigation without charge, or not to continue to prosecute the case after person has been charged. In those circumstances the LADO should discuss with the case manager whether any further action, including disciplinary action, is appropriate and, if so, how to proceed. The information provided by the police and/or children’s social care services should inform that decision. The options will depend on the circumstances of the case and the consideration will need to take into account the result of the police investigation or the trial, as well as the different standard of proof required in disciplinary and criminal proceedings. ACTION ON CONCLUSION OF A CASE 46.If the allegation is substantiated and the person is dismissed or the employer ceases to use the person’s services, or the person resigns or otherwise ceases to provide his or her services, the LADO should discuss with the case manager and their personnel adviser whether to refer the case to the ISA (DBS from December 2012) for consideration of inclusion on the barred lists; or to refer to the Teaching Agency. 47.There is a legal requirement for employers to make a referral to the ISA where they think that an individual has engaged in conduct (including inappropriate sexual conduct) that harmed (or is likely to harm) a child; or if a person otherwise poses a risk of harm to a child. In such circumstances, the duty to refer an individual to the ISA arises where an employer has removed the individual from relevant work with children or the person has chosen to cease relevant work in circumstances where they would have been removed had they not done so. The ISA will consider whether to bar the person from working in regulated activity, which will include most work in schools and other educational establishments. Local authorities, schools, FE colleges and other bodies all have a statutory duty to make reports, and to provide relevant information to the ISA. Referrals should be made as soon as possible after the resignation or removal of the member of staff involved and within one month of ceasing to use the person’s services. 48.Professional misconduct cases should be referred to the relevant regulatory body. 49.Where it is decided on the conclusion of a case that a person who has been suspended can return to work, the case manager should consider how best to facilitate that. Most people will benefit from some help and support to return to work after a stressful experience. Depending on the individual’s circumstances, a phased return and/or the provision of a mentor to provide assistance and support in the short term may be appropriate. The case manager should also consider how the person’s contact with the child or children who made the allegation can best be managed if they are still a pupil at the school or FE college. LEARNING LESSONS 50.At the conclusion of a case in which an allegation is substantiated, the LADO should review the circumstances of the case with the case manager to determine whether there are any improvements to be made to the school’s procedures or practice to help prevent similar events in the future. This should include issues arising from the decision to suspend the member of staff, the duration of the suspension and whether or not suspension was justified. Lessons should also be learnt from the use of suspension when the individual is subsequently reinstated. The LADO and case manager should consider how future investigations of a similar nature could be carried out without suspending the individual. ACTION IN RESPECT OF UNFOUNDED OR MALICIOUS ALLEGATIONS 51.If an allegation is determined to be unfounded or malicious, the LADO should refer the matter to the children’s social care services to determine whether the child concerned is in need of services, or may have been abused by someone else. If an allegation is shown to be deliberately invented or malicious, the headteacher, principal or proprietor should consider whether any disciplinary action is appropriate against the pupil who made it; or whether the police should be asked to consider if action might be ses child protection policy C(iv) v16 June 2013 Review: June 2014 22 SES Policy C(iv) appropriate against the person responsible, even if he or she was not a pupil. In September 2010 the Crown Prosecution Service published guidance for the police on harassment under the Protection from Harassment Act 1997. FURTHER INFORMATION The Crown Prosecution Service published guidance for the police on harassment under the Protection from Harassment Act 1997. This can be found at http://www.cps.gov.uk/legal/s_to_u/stalking_and_harassment/index.html Guidance on employment records in its Employment Practices Code and supplementary guidance, which provides some practical advice on employment retention. http://www.ico.gov.uk/upload/documents/library/data_protection/detailed_specialist_guides/employme nt_practices_code.pdf http://www.ico.gov.uk/for_organisations/data_protection/the_guide.aspx Guidance on how to make a referral to the ISA is at: http://www.isa.homeoffice.gov.uk/Default.aspx?page=379 Appendix D Stamford Nursery School follows the guidelines of the SES Safeguarding Children Policy. (Appendix three in main nursery policy folder) Named person for Stamford Nursery School is: Mrs. Nicola Woodward, who will liaise with Mrs. Claire Hughes at Stamford Junior School. The welfare of the children attending the Nursery is paramount and concerns about child abuse are taken seriously. All child protection concerns will be strictly confidential, shared only with those who need to know. Any observations which give rise to concern for a child (i.e. a distinct change in behaviour) should be recorded accurately, without comment or interpretation, dated and signed on an incident form. If possible another member of staff should witness the observation. This will remain confidential. All information is then given to Mrs. Claire Hughes, the Pastoral Care Co-ordinator at the Junior School. Injuries on arrival of any kind are documented in the correct age group folder and reviewed regularly for any noticeable patterns. Any signs and observations regarding adults behaviour either parent/carers or staff must also be recorded accurately, without comment or interpretation. Assumptions must not be made but there are situations that could contribute to the wider family picture where additional services may be required to support the family Where an allegation is made against a member of staff, the SES Safeguarding Children Policy comes into force. Please see section 2.3, The Early Years Foundation Stage for further guidance on agencies that must be informed of any concerns or allegations. Whistle Blowing as set out in the support staff handbook. This policy applies to all those who perform work for the School: Full and part-time employees Contractors and sub-contractors Agency staff Work experience or other trainees For simplicity this group of individuals are termed staff. ses child protection policy C(iv) v16 June 2013 Review: June 2014 23 SES Policy C(iv) The following arrangements set out the School’s policy and procedures with regard to “whistle blowing” in the workplace, and provide protection to staff who make disclosures to the School. Whistle blowing is the confidential disclosure by staff of any wrongdoing that they may encounter in the workplace. This policy is fundamental to the professional integrity of the School and reinforces the value that the School places on staff to be honest. The policy provides the School with a mechanism to manage risk whilst offering whistle blowers protection from victimisation, harassment or disciplinary procedure. The fundamental elements of the policy are: Protection. All staff are protected from victimisation, harassment or disciplinary action as a result of any disclosure where the disclosure is made in good faith and is not made maliciously or for personal gain. Anonymity. Wherever possible, the identity of the whistle blower will be protected in any internal matter. Whilst the School will attempt to provide internal anonymity it cannot guarantee that this will be retained if external legal action flows from the disclosure. The School is not accountable for maintaining anonymity where the whistle blower has told others of the alleged misdemeanour. Encouragement. The School encourages those who suspect wrong-doing to report it, as this helps perpetuate the integrity of the School, even if the suspicion proves unfounded. Qualifying Disclosures: The policy applies to all disclosures deemed to be “qualifying disclosures”. A qualifying disclosure is the term used to identify the categories of information which staff will be able to disclose to a suitable person without fear of reprisal, provided the disclosure is made in good faith. A qualifying disclosure is defined as one which shows one or more of the following: That a criminal offence has been committed, is being committed or is likely to be committed That a person has failed, is failing or is likely to fail to comply with any legal obligation to which he or she is subject, including breach of employment contract or professional regulations That a miscarriage of justice has occurred, is occurring or is likely to occur That the health or safety of any individual has been, is being or is likely to be endangered That the environment has been, is being or is likely to be damaged, or That information tending to show any matter falling within any one of the preceding paragraphs has been, is being, or is likely to be deliberately concealed. Disclosure of other wrongdoing is also covered by this policy where it is of general malpractice or gross misconduct. The procedure: The disclosure should always be reported confidentially to the SES Bursar. The whistle blower should make it clear that the disclosure is being made within the terms of this policy. This is so that the recipient realises and takes the necessary action both to investigate and to protect the identity of the individual. Whilst the School encourages whistle blowers to identify themselves, anonymous disclosures will be taken seriously and fully investigated. ses child protection policy C(iv) v16 June 2013 Review: June 2014 24 SES Policy C(iv) Any disclosure will be investigated fully, including interviews with witnesses and other parties involved. The possible outcome may be: Disciplinary action against the wrongdoer if the result of the investigation corroborates the disclosure Disciplinary action against the whistleblower if the claim is found to be malicious or otherwise in bad faith. No action if the allegation proves to be unfounded The School will always keep the whistle blower informed of the progress and outcome of any investigation, within the constraints of maintaining confidentiality or observing legal restrictions generally. These arrangements apply to disclosures to both the School and an appropriate third party. Appropriate third parties are the police, tax authority or similar appropriate public regulator. Staff can also approach the independent group “Public Concern at Work” for confidential and impartial advice, telephone number 020 7404 6609. All staff must attend Safeguarding Children training both in house and through other organisations every 3 years. Procedures All known abusers will be excluded. All staff will be required to have a Disclosure and Barring Service form. (DBS). All staff should be aware of their responsibility as childcare practitioners to share any concerns they have about a child with the manager. If a staff member feels that their concern is not being taken seriously they have every right to share their concerns with the Junior School’s Pastoral Care Coordinator. All staff should be aware of possible indicators of child abuse through staff training, both internal and external. Records will be kept as appropriate. Whenever worrying changes are observed in a child’s behaviour, physical condition or appearance, a specific and confidential record will be set up. This record will include the child’s name, age, times and dated observations. The report will objectively describe the child’s behaviour and appearance without comment or interpretation, where possible the child’s exact words spoken, the date, time and signature of the recorder. These records will be kept as confidential and will not be accessible to anyone other than the nominated person. Records will be subject to regular review in order to note repeat incidents or a progressive buildup of concerns. A log of injuries on arrival is kept and review regularly to look out for any patterns We will liaise with other bodies. We will support families. Where abuse at home is suspected, we will continue to welcome the child and their parents into the setting while investigations are carried out. Mobile phones and Cameras The use of or carrying of mobile phones in the classrooms is prohibited. Staff may only use their phones in the staff room in their own time e.g. lunch break. However, in the case of any personal emergency or difficulties the nursery manager in partnership with the Director of Early Years will use their discretion to give permission for a mobile phone to be in the classroom for a fixed period. No parent is permitted to take a photograph inside the classrooms without prior permission from the nursery manager; this also includes being taken on a mobile phone. Parents are free to use mobile phones in the corridor or foyer only. ses child protection policy C(iv) v16 June 2013 Review: June 2014 25 SES Policy C(iv) If a member of staff is concerned about the appropriateness of anyone’s behaviour regarding the use of a mobile phone then the manager must be informed, or the Director of Early Years Mrs. Samantha Weeks at SJS The nursery camera is used only for photographs for the children’s learning journey, no parents are permitted to take photographs within the nursery without prior consent from the nursery manager. The Lincolnshire Safeguarding Children’s Board information: County Offices, Newland, Lincoln, LN1 1YL 01522 782111 or out of hours 01522 782333. Bullying The Nursery is committed to providing a caring, friendly and safe environment for all children. Any child in the setting reporting an incident of bullying must not be ignored. We have a duty to all children to respond promptly and all incidents must be dealt with effectively. Author Reviewer Version Revision history Date formally approved by the Governors Governor’s Committee normally reviewing Date policy becomes effective Governor responsible for implementation and review of policy Period or review Next review date Person responsible for implementation and monitoring Other relevant policies ses child protection policy C(iv) v16 June 2013 Alison Horton Jenny Parris / Stephen Roberts Child protection policy C(iv) v 17 June 2009 v 11 June 2010 v 12 June 2011 v 13 June 2012 v14 Nov 2012 v15 – approved by KS and VLC June 2013 v16 – approved by all Governors October 2013 v17 approved by KS and VLC December 2013 – small changes 25th June 2013 General Governors immediate Val Clark One year June 2014 Alison Horton, Jon Hodgson, , Dominique Evans,Claire Hughes Review: June 2014 26