GUIDANCE: RECORD KEEPING IN SCHOOLS AND COLLEGES CHILD PROTECTION & WELFARE CONCERNS June 2014 (version 2) Contents Section 1 Introduction 2 Establishing a Standard School Recording Process 3 Recording Aide Memoire for Staff 4 When and how to start a child protection / welfare concern stand alone pupil file 5 What records should be included in a child’s Child Protection/Welfare Concerns stand-alone file? 6 Chronologies 7 Storage of Records 8 Sharing Information 9 Data Protection 10 Transfer of Safeguarding / Child Protection Records 11 Retention of Records Appendices i Child Protection Incident / Welfare Concern form ii Safeguarding Record Front Sheet iii Chronology Acknowledgement: These Guidelines are substantially based on ‘Guidance for Record Keeping in Maintained Schools’ from the East Sussex Safeguarding Children Board, and Record Keeping Guidance issued by Walsall Local Authority who kindly gave their permission to amend and localise this document for Stoke-on-Trent and Staffordshire schools and colleges. 1 1 Introduction: This guidance covers: general principles of keeping child protection records; what records should be kept; how records should be made and kept; access to child protection records and information sharing; issues relating to referrals and consent; transfer of child protection records. The guidance should be read in conjunction with the following documents: Keeping Children Safe in Education April 2014 - DFE; Working Together to Safeguard Children (HM Government, March 2013) Please note the following acronyms are used in this guidance to reflect the terminology used in the different authorities: DSL – Designated Safeguarding Lead (Staffordshire) 1.1 Well-kept records provide an essential underpinning to good professional practice. 1.2 Safeguarding children and promoting their welfare is a task for the whole organisation. Ensuring all staff know when and how to record concerns about a child’s welfare, however small or apparently insignificant is an essential part of the DSL role. Good record keeping is an important part of a school’s accountability to children and their families and will assist /DSLs in meeting their key responsibility to respond appropriately to welfare concerns about children. Records should be factual, accurate, relevant, up to date and auditable. They should support monitoring, risk-assessment and planning for children and enable informed and timely decisions about any appropriate actions to be taken. 2 Establishing a standard school recording process 2.1 The use of a standard “Child Protection Incident / Welfare Concern” form for all staff irrespective of their role in school / educational establishment is required. The form must be easily accessible to all staff and depending on the size and type of establishment should be available in a range of settings e.g. the staff room, school office, intranet, Head Teacher’s/ DSL / Pastoral care staff offices. Its use should be included in any induction process. An example of a record of concerns form can be found in appendix i 2.2 All Staff should be aware that details of their concerns may be shared with others, for example at Child Protection Conferences. In exceptional cases, they may be submitted as evidence in court proceedings or at a serious case review. All recording should differentiate between fact, allegation, observation and opinion. 2 2.3 It is also vital that Head Teachers /DSLs notify staff of how they intend to respond to reported / recorded concerns. Staff need to feel empowered to seek clarification if concerns have not been reported to the statutory agencies. They should also be made aware that ‘anybody can make a referral’ (Keeping Children Safe in Education 2014 – para 34) and be familiar with the school ‘Whistle Blowing Policy’ in relation to safeguarding matters. 3. Recording Aide Memoire for staff 3.1 Safeguarding children is a whole school and College task. All staff have an important role to play in helping to identify welfare concerns and possible indicators of abuse or neglect at an early stage. For some children a “one off” serious incident or concern may occur and you will have no doubt that this must be immediately recorded and reported to the Local Authority where the child lives. If the child lives in Stoke on Trent this will be to the Children’s Services Advice and Referral Team (ART). If the child lives in Staffordshire, this will be to the First Response Team or the existing Social Worker when appropriate. Schools with a number of students who live in neighbouring authorities should ensure that they are familiar with their procedures for referral and that the contact details are easily accessible by the Designated Safeguarding Leads. 3.2 Most often however, it is the accumulation of a number of small incidents, events or observations that provide the evidence of harm being caused to a child. It is vital therefore that any concern you have for a child’s welfare, however small, is recorded and passed to the Designated Safeguarding Lead. All concerns must be recorded on the setting’s Record of Concern form – an example can be found in Appendix i. 3.3 The system detailed in this document should replace all informal note keeping by all staff for all child protection or welfare concerns. This is to ensure proper communication, collation of information, storage and transfer of records. 3.4 What is a “Child Protection / Welfare Concern”? Concerns may arise in one or more of the following areas: The child’s behaviour The child has a physical injury The child makes a disclosure or allegation The child’s physical presentation Information from or observation of behaviour of a parent /carer Information from third party e.g. sibling, friend, taxi driver, parent who does not have residence etc. 3 3.5 Record of Concern form (appendix 1) What is recorded using this form? Members of staff (including volunteers and temporary staff) should make a written account of any concern they have regarding the welfare or well-being of a pupil. This record should be passed as soon as possible to the Designated Safeguarding Lead. Concerns which initially seem trivial may turn out to be vital pieces of information later, so it is important to give as much detail as possible. Ensure details are legible. Staff should be advised to complete as much as possible, but it is acknowledged that some information will not be known to staff/volunteers in certain roles e.g. lunchtime supervisors. Details should include: A record of the pupils’ details: e.g. name, date of birth, address and family details (dependent on role of referring member of staff). Date and time of the event / concern. The nature of the concern raised Physical marks and injuries are recorded. We recommend that this is not by use of a ‘body chart’. Do not examine the child. Only record what you can see and do not make judgements about the injury e.g. making assumptions about the age of a bruise. The action taken and by whom. Name and position of the person making the record. In the case of disclosure, the record should also include: As full an account as possible of what the child said, recording the child’s own words as much as possible (when age appropriate, ask the child if it is okay if you write notes so that you can remember what has been said). An account of the questions put to the child. Time and place of disclosure. Who was present at the time of disclosure The demeanour of the child The incident / event / concern form is timed and dated and signed. The record should be factual and written using straightforward language. 4 Any child protection concerns must be reported to the Designated Person for Child Protection without delay. Staff must not wait until the end of the lesson/day to refer significant concerns. 3.5 How the DSL records actions taken in response to the reported incident / welfare concern. When a Record of Concern form is passed to you it is important that you check this is sufficiently detailed and has been dated and signed by the staff member who has reported the concern. 3.6 ‘Action Taken’ Section is for you (the DSL) to record your response or action to every welfare concern form passed to you. The level of detail of this record will clearly depend on the nature and seriousness of the concern but may include: Requests to staff for monitoring specific aspects of the child’s presentation, behaviour, attendance etc. Discussions and telephone calls (with colleagues, parents and children / young people and other agencies or services) Professional consultations. Letters sent and received. 3.7 ‘Outcome section’ – this is for you (the DSL) to record the outcomes of any responses or action taken e.g. CAF / Early Help Assessment / other early intervention Referral forms (both for external and education-based services e.g. MARF (multi agency referral form – see LSCB links at end of document) Contact from Children’s Services Advice and Referral Team (Stoke) or First Response Team (FRT – Staffordshire) or a safeguarding team social worker in response to referral. Strategy meeting under child protection procedures. Appointments e.g. for Child with Educational Psychologist. 4 When and how to start a child protection / welfare concern stand- alone pupil file 4.1 Once a Record of Concern form has been passed to you and you have made a record of the action you have taken in response to this and the outcome agreed, these documents require storage in a separate child protection / safeguarding filing system. This should be done regardless of whether formal child protection procedures have been initiated. For some children this single record will be the only concern held for them over their time in 5 school. For others, further information will be accumulated, often from a variety of sources over time. 4.2 An effective method for storing single or infrequent records of concern is to file these in alphabetically divided ring binder files. It may be helpful for larger / busier schools to use separate files for each Year group. This system is particularly recommended for Primary schools since this will assist at the end of the Academic Year with meeting the responsibility to transfer records when children leave the school. (Also see Section 7 and Section 10) 4.3 A stand-alone individual file for a child must be started when: Concerns for the child (and consequently records of these) and actions in school are increasing. The concern reaches the threshold for the child to be referred to Stoke on Trent Children’s Services Advice and Referral Team, Staffordshire First Response Team or a Social Care team in another local authority due to child protection or child in need concerns. You have been made aware of the involvement of Children’s Services with the child / family and are participating in multi agency involvement. 4.4 Where concerns relate to more than one child from the same family at the school a separate file for each child should be created and cross referenced to the files of other family members. Common records e.g. child protection conference notes should be duplicated for each file where appropriate. 4.5 Each file should contain clear details of any professionals supporting the child and their family/caregiver (including Adult Services) giving their name, agency and contact telephone numbers. Each contact should be recorded clearly, the context of the contact and any agreed outcomes/actions. 4.6 When an individual file is started it is helpful to use the front sheet in this document (Appendix ii). The front sheet will need to be updated with any change of circumstances. It is also recommended that the pupil’s general school record is marked in some way to indicate the presence of this separate confidential file. A coloured sticker is one means of doing this. 5 What records should be included in a child’s Child Protection / Welfare Concerns stand-alone file? File Front Sheet (appendix ii) Chronology (appendix iii) All school Record of Concern forms (appendix i) Any notes initially recorded in the form of notebooks or diaries. Records of discussions, telephone calls and meetings (with colleagues, other agencies or services, parents, carers and children/young people) 6 5.1 Professional consultations. Letters sent and received. Referral forms (both for external and education-based services) Minutes/notes of meetings (copies for each child as appropriate) Formal plans linked to the child (e.g. Child Protection Plan, Child in Need Plan CAF’s / Early Help) Child Protection records should usually be kept in date order, with the newest information at the top of the file. However, in complex and long running cases where information is held in a variety of formats it may be helpful to organise this on a ‘modular’ basis for ease of reference. Each section should be filed in date order with the newest information at the top. An example would be a file with sections entitled: Chronology School records e.g. attendance and academic assessment data Letters Multi-agency records / documentation Health 6 Chronology of events for an individual child 6.1 The importance of understanding concerns for a child in the context of history, time-lines and other known information cannot be underestimated. Chronologies are central to this process and it is strongly recommended that these are completed on an ongoing basis as incidents or events occur. In addition to aiding assessment, a chronology will serve as an important record of school actions and when attached to a Multi-Agency Referral Form (MARF) can provide evidence for the reason for the referral. 6.2 A chronology must list specific and significant incidents, events and actions taken in relation to the child and where appropriate their family, with a brief explanation or cross-reference to the relevant record within the file. 6.3 The chronology must be stored at the front of a child’s safeguarding file alongside the front sheet where it can be quickly accessed and viewed. It must be kept up to date. An example of a chronology template can be found in appendix iii 7 Storage of records 7.1 The child’s Child Protection/Welfare File must be kept separate from all other records relating to that pupil in school. 7 7.2 Child protection/Welfare records should be stored in a locked cabinet with access only to those with direct Safeguarding responsibility for pupils or on an electronic drive only accessible by those with CP responsibility? 7.3 A Nominated senior person should be responsible for holding the key to the locked cabinet in the absence of the DSL from school. 7.4 It is essential to ensure that the school’s Leadership Team know the arrangements for access to records in the absence of the DSL. This should form part of the organisation’s general child protection/safeguarding policy in respect of how welfare concerns for children will be managed if the Designated Safeguarding Lead is not available. 8 Sharing information 8.1 All information held by the school must be shared with the appropriate Children’s Social Care referral Service (the Local Authority where the child resides) when there is a concern that a child is at risk of significant harm. Section 47 of the Children Act 1989 and sections 10 and 11 of the Children Act 2004 empowers all agencies to share information in these circumstances. Schools should also share information with other agencies in order to promote the welfare of a child (section 175/section 157 of the Education Act 2002) though this would generally be with the consent of parents and/or the child (depending on age and competency. There will be cases, however, where practitioners will be justified in sharing some confidential information in order to make decisions about sharing further information or taking action. Schools and Colleges should also have regard to information sharing principles, policies and tools (such as Patchwork). 8.2 On occasions where safeguarding concerns exist for a child in the context of a family situation and siblings attend other schools, it may be appropriate for the DSL to consult on a confidential basis with the DSL from another school to share and jointly consider concerns. 9 Data protection and disclosure of information - who should have access to child protection records or information? School and College staff 9.1 The secure filing system should be easily available to the DSL or their deputy or others as set out at para 7.2 / 7.3 above. A locked filing cabinet will usually be adequate. 9.2 It is highly unlikely that all members of staff need to know the details of a case or that there should be widespread access to the records. Access to and sharing of information should be on a need to know basis decided on a case8 by-case basis. Consideration must also be given to what needs to be shared. Generally speaking, the closer the day-to-day contact with the child, the more likely the need to know an outline of the case. Essentially, if someone receives information in his / her professional capacity and the person giving that information believes it will be treated securely and that belief is reasonable, then the recipient of the information will be under a duty to treat it securely. Pupils, students and their parents 9.3 All school and College staff have a duty of care to protect personal information under the provisions of the Data Protection Act 1984, and the definition of “data” extends to informal notes and messages. 9.4 Neither the parent / carer nor the pupil has an automatic right of access to child protection records. It is however best practice to make reports available to the child's parents / carers unless to do so would place the child at risk of significant harm. If an application is made to see the whole record, advice should be sought from the child’s social worker, if they have one, and the appropriate legal or information governance officer for the organisation. All third party information should be removed, or consent sought for its disclosure from source. This is in accordance with The Education (School Records) Regulations 1989 and the disclosure provisions of the Data Protection Act 1984 (DPA). 9.5 Cases of alleged abuse that result in court proceedings may require the school to disclose their records, either through the police or Children’s Services. 9.6 Relevant information from records must also be shared at child protection conferences, and for the purpose of serious case reviews. 9.7 Records (suitably anonymised) may also be requested for use in disciplinary proceedings against pupils or staff. Other professionals 9.8 Child protection information / records should not ordinarily be shared outside the parameters described in local safeguarding board procedures (LSCB) e.g. minutes should not be released to the subjects of strategy meetings, or to solicitors on request – always seek advice. Generally, in terms of compliance with the Data Protection Act, obtaining informed consent of the subject would legitimise information sharing however, this is not always practical. 9.9 References by name to children other than the pupil who is the subject of the record should be removed when disclosing records, unless consent is obtained from the individual/s concerned (or their parents / carer on their behalf). Care should be taken to ensure all identifying information is removed from the copy of the record to be shared. 9 9.10 If the record to be disclosed contains information about an adult professional, that information can be disclosed if it relates to the performance by that person of their job or other official duties e.g. a reference to a teacher in their teaching role, or a school nurse in their nursing role. However, if the reference refers to that individual’s private life, it should be removed (unless this relates to a child protection matter which is relevant to the record to be disclosed). 9.11 The vetting arm of the Disclosure and Barring Service (DBS) have the legal right to obtain copies of confidential information around child protection and internal disciplinary investigations when there are significant concerns about the behaviour of a person in a position of trust who works with children and/or vulnerable adults. This is to enable them to make decisions in regard to whether a person should be barred from working with children. The DBS may share such documents with the adult subject. It is therefore appropriate to redact certain personal information from these documents when it relates to children and other adults. In these circumstances, you should seek advice from your legal advisors as to appropriate redaction. 10 Transfer of Child Protection / Welfare Concerns records 10.1 When children transfer from your school or college and records of child protection/welfare concerns exist these should be sent to the receiving school or Further Education College without delay. This transfer should be arranged separately from the main pupil file. A telephone discussion with the Designated Safeguarding Lead in the receiving school should take place to verbally advise of the concerns and make arrangements to securely and confidentially transfer these records. Wherever possible, these must be passed directly to the DSL or another authorised person in the receiving school. If the original files are physically handed to the receiving school by the sending school and a record of all files transferred is fully documented and signed off by both parties, as having been sent and received, then copying the documents would not be necessary. This may help in bulk transfers between local schools. If this is not possible, e.g. due to the new school being at a considerable distance from your own, the security of the file must be considered e.g. secure courier. The school should copy the file and the original documents should be sent under separate cover to new school / college whilst the child is still under 18 (the information does not need to be sent to a university for example). The copies should be shredded once confirmation is received from the receiving school that all relevant documents have arrived. The sending school should retain a record of the confirmation and a record of when the files were shredded. 10.2 A written confirmation of receipt of incoming child protection/welfare records should always be retained. 10 10.3 Electronic records must only be transferred by a secure electronic transfer mechanism or after the information has been encrypted. 10.4 If a child who is the subject of a Child Protection Plan leaves your school and you are unaware of the name of the child’s new education placement you should contact the child’s social worker from Children’s Services to discuss how records should be transferred. 10.5 If a child is moved “in haste”, perhaps in an attempt to avoid the involvement of professionals and agencies, it may mean that the child/children and their family/caregiver have moved across local authority boundaries. In these circumstances school and settings should draw on local authority procedures in regard to children who are missing, or children who are missing from education. Schools should enter the child’s details onto the S2S website, and where necessary inform Children’s Services. You should also refer to the LSCB procedures – see web links at end of this guidance. 10.6 Records for Common Assessment Framework Information gathered as part of the CAF process is governed by the same rules as any other personal information. Even where the practitioner does not have consent to share or transfer confidential information, they may lawfully share it if this can be justified in the public interest. Where there is a clear risk of significant harm to a child or young person or serious harm to adults the public interest will almost certainly be satisfied. Schools also have a duty to ‘promote the welfare of pupils’ under section 175 or 157 of the Education Act 2002, and would therefore be justified in sharing confidential information for this purpose. There will be other cases where practitioners will be justified in sharing some confidential information in order to make decisions about sharing further information or taking action. 10.7 Records when a child has been removed from school roll for Elective Home Education (EHE) Where a child is removed from a school roll in Staffordshire or Stoke on Trent, their child protection files should be sent to the Designated EHE Officer within the LA and the file sent in a secure manner (e.g. Courier) and a delivery receipt obtained. The sending school must keep a record of the discussion / date and time. 10.8 Records for children who do not yet meet the threshold for CAF/CIN plans Schools, FE institutions and Early Years settings will collate information about children and young people where there are concerns, but where their concerns do not reach the justification for a Child Concern Meeting (Stoke process) or 11 the Common Assessment Framework these concerns should always be shared with parents/carers/the child. Should the child move to another education setting a decision needs to be made by the Head teacher/Manager whether to share the information with the new school/FE setting/Early Years setting. The decision should be based on guidance contained in Information Sharing Guidance released by DCFS (now DfE) but in general the following principle applies: The sharing of information for the purpose of safeguarding the welfare of children and young people is permissible when it is necessary to exercise a statutory function (i.e. Section 17 or 47 enquiry). The Data Protection Act 1998 allows for sharing information when there are concerns for a child’s welfare. 11 Retention of records pertaining to children The School / College should refer to their retention of records guidance and retention schedules. The Information Records and Management Service (IRMS) offer information and advice (see link in ‘useful website’ section. In general, Education Records should be kept until a child’s 25th birthday. The relevant Local Authority will retain child protection records until the subject reaches 75 years of age. 12 Appendices: i) ii) iii) iv) Record of Concern Form Child Protection Welfare Concerns Pupil File Front Sheet Chronology of Events Transfer of records template Useful websites: IRMS “Toolkit for Schools” includes a retention scheme Staffordshire Safeguarding Children Board Stoke on Trent Safeguarding Children Board Staffordshire: Children missing education policy HM Government information sharing guidance Keeping Children Safe in Education 2014 DFE Working Together to Safeguard Children 2013 Disclosure and Barring Service (DBS) 12 Contact details: Stoke on Trent Stoke on Trent Advice and Referral Team: 08.30 – 17.00 Monday to Thursday, 08.30 – 16.30 Friday 01782 235100 Emergency Duty Team for out of hours child protection referrals: 01782 234234 Ad Locality Social Workers Stoke on Trent (for advice and support about child welfare concerns in that area) North – Laura Shaw – 01782 237520/235177 or mobile 07771 508475 Central – Rachel Aubrey – 01782 237987/238353 or mobile 07826 891800 South – Sara Belford - 01782 237677 or mobile 07827 281639 Staffordshire Staffordshire First Response Team 08.30 – 17.00 Monday to Thursday, 08.30 – 16.30 Friday 0800 1313 126a Emergency Duty Service (for out of hours child protection referrals for Staffordshire children): 0845 6042889 Education Welfare Officers and support for Child Welfare issues that do not meet threshold of child protection can be obtained via the Local Support Team Staffordshire Education Safeguarding Advice Service (not for child protection or child welfare referrals) 01785 895836 or email esas@staffordshire.gov.uk 13 Appendix i www.safeguardingchildren.stoke.go v.uk ……..Insert name of School…… Record of Concern Family name of child/young person Address (inc postcode) First name(s) Alias / also known as Class D.O.B Age Nature of concern Date that concern was raised (Brief outline, record in detail below) Time that concern was raised Name of person raising concern Relationship to child/young person Who have you passed this information to? On what date? Detail of concern (Please include as much detailed information in this section as possible. Remember - the quality of your information will inform the level of intervention initiated. If necessary, attach additional sheet) Signature of person raising concern Date 14 Time Details of all actions/ decisions taken in respect of this concern – To be completed by Designated Safeguarding Lead :Number of Previous Records of Concern Has child been the subject of a CAF/ Early Help Assessment Previously on Child Protection Register *Child protection Plan *Child in Need Plan Is child known to other agencies Action Taken By who Date & time Completed By who Date & time Completed By who Date & time Completed Outcome Action Taken Outcome Action Taken Outcome Action taken Date & time completed Outcome Name of Designated Safeguarding Lead Signature Date 15 Appendix ii (Insert school logo) CHILD PROTECTION / WELFARE CONCERNS - FILE FRONT SHEET Pupil/Student name: Date of birth: Any other name by which child is known: Home address: Current address (if different) Telephone no: Family members i.e. parents / carers / siblings: Name Relationship Address School details Date file started: Are records held in school relating to other connected children? Contact details of other professionals Name Agency Address 16 Appendix iii Insert name of agency www.safeguardingchildren.stoke.go v.uk Chronology of Concerns Family name of child/young person First name(s) Alias / also known as Address Postcode D.O.B Age Date and time of concern Concern raised byNature of Concern Action Taken & By Whom 17 Appendix iv (Name of School or College / Logo) Transfer of Pupil (Student) Child Protection or Welfare Files Pupil / Student Name: DOB: Name and address of receiving school/college Date child on new school/college roll: Name of Designated Safeguarding Lead in receiving school/college Date(s) of telephone discussion or meeting between designated safeguarding leads Date file confidentially passed (or sent by secure mail) to Designated Safeguarding Lead in Receiving school/college Name, Designation, Signature & date file Received at new setting Name: Signature: Designation: Date received: Signature of (current) school Designated Safeguarding Lead and date form completed: Name: Date form returned complete: A copy of the welfare file must be kept until file has been received by the new setting and a signature obtained from an appropriate representative (usually the Designated Safeguarding Lead) in the Receiving School/College. A copy of this form must be retained. 18