The Manchester College Safeguarding Scheme April 2014 – April 2016 0 1. The Safeguarding Policy The Manchester College is a safe place for learners, staff and visitors and we want to keep it that way. The safety and well-being of our learners is our first priority and it is vital that everyone that uses the College feels safe and knows who to contact in an emergency. This Scheme is written with learners, staff and our community in mind. It contains mandatory obligations together with advice about the signs of safeguarding, including information and further sources of help and advice. This Scheme will be monitored and reviewed annually by the Safeguarding Strategy Group. The Manchester College operates within the legal framework that applies to the safeguarding of children, young people and vulnerable adults. The term “children” refers to everyone up to 18 years of age and up to 24 years of age for those with learning difficulties and disabilities. The term “vulnerable adult” refers to any person over the age of 18 who is, or may be, in need of community care services by reason of: • • • • mental health disability age or illness and who is unable to take care of themselves unable to protect themselves against significant harm or serious exploitation It is our intention to extend this commitment to the safeguarding and wellbeing of all our learners, young people or adults, full time, part time, on College campuses or engaged in work based learning, offender learning or other off site learning. 2. Background - Safeguarding in Further Education Colleges Incidents of abuse and neglect in older children are, thankfully, relatively rare, however the effects can be profoundly distressing and affect the learners’ ability to perform to their best academically. Everyone responds differently to abuse, fear and loss. This may become manifest in terms of changes to everyday routine. Simple observations of a learner’s behaviour can make all the difference. College staff are often best placed to recognize indicators of abuse through their close proximity to learners. Acute observation is central to an effective safeguarding scheme, understanding difference and responding sensitively to change may make a significant difference to the wellbeing of the learner. If, for instance, a learner is concerned about being assaulted when they go home, they may attend College earlier than their peers or leave later. Persistent forms of abuse and neglect are likely to have a negative impact on academic achievement. Learners worried about experiencing abuse, domestic violence or being bullied may deliberately self – harm, suffer panic attacks, anxiety, depression, isolation, all of which may dominate their conduct, let alone their ability 1 to concentrate in class, perform, keep up with coursework and so on. This is true of learners regardless of their gender, age, class, culture and ethnicity. Safeguarding isn’t straightforward. Presenting issues can be difficult to spot, sometimes signs of suffering might be hidden through fear and or shame can lead to low self-esteem, increasing a learner’s feeling of vulnerability perhaps becoming more scared, afraid that nothing will get done. Sometimes learners do not recognize that they are suffering from safeguarding issues. It is therefore incumbent on us to ensure that safeguarding is addressed throughout the curriculum as well as within our support services. It is essential that we all understand our professional responsibilities. Knowing when to intervene and when not to can be difficult. It is better to intervene than not unless you have intelligence that suggests that by doing so you will place the learner at further risk of significant harm. There is sometimes a danger of applying a ‘rule of optimism’, whereby professionals like to think things will be OK really, or that it won’t happen again. However, it is known that when a perpetrator has abused on one occasion, it is very likely that such behaviour will be repeated – abusers rarely stop harming people without intervention or treatment. We expect everyone to adhere to the following principles in relation to safeguarding: 3. Recognise Respond Report Record Refer What does Safeguarding mean? The Department of Further Education’s (“DFE”) definition of “Safeguarding” can be taken to mean “actively promoting the welfare of learners” which includes: protecting them from maltreatment preventing the impairment of health or development ensuring that learners grow up in circumstances consistent with the provision of safe and effective care; and taking action to enable all learners to have the best outcomes. (Source: Working Together to Safeguard Children, 2014) 2 4. Does Safeguarding matter? A statistical picture: In 2011-12 over 600,000 children in England were referred to local authority children’s social care services by individuals who had concerns about their welfare. 29% of children and young people in England experienced bullying in 2009/10. A survey of pupils in England estimates that 16,493 young people aged 11-15 (4.4%) are frequently absent from state school or home educated because of bullying. There are approximately 800,000 disabled children in the UK (6% of all children). 31% of disabled children had been abused compared with 9% among the nondisabled child population. Nationally, around 3 children in every class aged 5 – 16 have a diagnosable mental health condition. Between 1 in every 12 - 15 children and young people deliberately self-harm. More than half of all adults diagnosed with mental health problems were diagnosed in childhood. Less than half were treated appropriately at the time. Nearly 80,000 children and young people nationally suffer from severe depression. 95% of imprisoned young offenders have a mental health disorder. 195,000 young people nationally have an anxiety disorder. Half of 15 – 17 year olds have accessed pornography on a smart phone or tablet. 4 out of 10 15 – 17 year olds who watched pornographic material said it affected their relationships. 81% of teenagers who experience physical and emotional abuse in relationships never get support. Over half (55%) of lesbian, gay and bisexual young people have experienced homophobic bullying at school. 38% of young people have been affected by cyber-bullying, with abusive emails (26%) and text messages (24%) being the most common methods. 28% of children did not tell anyone about the abuse. (Sources: Department For Education, BBC, NSPCC, Young Minds, Association for Young People’s Health Key data on Adolescence, 2013, Stonewall, Tender (charity for reducing abuse in teenage relationships)). 3 5. Roles & Responsibilities We all have a responsibility to provide a safe environment for learners. We all have a responsibility to identify any learners who might need extra help or are suffering, or likely to suffer, significant harm and to take appropriate and timely action. The Governing Body has a duty to comply with legislation and to ensure that the College works closely with the Local Safeguarding Children’s Board. The Governing Body is accountable for ensuring that the organisation has effective safeguarding procedures in place and has a nominated Governor to lead on this and that there is an appropriate staff code of conduct. The Principal and Vice Principal for Student Support along with the Director of Student Support are responsible for leading on Safeguarding across the organisation. It is the responsibility of the Senior Leadership Team (“SLT”) to promote the Safeguarding Scheme and to take appropriate action if they become aware of any safeguarding related issues. It is the responsibility of the College’s designated lead safeguarding person to lead the College’s strategy and to ensure that they are fully trained in child protection every two years. It is the responsibility of all College Managers to ensure that their Department or Service provides the best possible support to all learners in relation to safeguarding. It is the responsibility of all academic staff to embed safeguarding into all appropriate teaching and learning opportunities. It is the responsibility of all staff to take appropriate action if they see or become aware of anything that may put another person at risk of harm. The Safeguarding Strategy Group chaired by the Vice Principal for Student Support will oversee the Safeguarding Scheme and report to Principalship. Full Roles & Responsibilities – Appendix 1 The Manchester College Safeguarding & Support Structure – Appendix 2 4 6. Aim The purpose of the Scheme is to: 7. ensure that The Manchester College is a safe place to work and study ensure that everyone knows how to recognize and respond to a safeguarding incident reduce anxiety for staff when dealing with safeguarding, child protection and adult abuse. How? We will: embed a culture that values learner safety as paramount embed and sustain an ethos of person centred practice deliver safeguarding support within a culture of prevention and inclusion recognise the signs of abuse and understand our professional capacity promote emotional resilience by reducing risk and strengthening learner’s resilience build a culture based on understanding presenting factors and asking simple questions that promote a positive outcome for learners work together in partnership with learners to build trust and confidence work with local partners to improve outcomes for learners be open to scrutiny, challenge complacency and “over optimistic” outcomes for learners comply with key safeguarding legislation and regulations Key Legislation and Regulations Governing the Provision of Safeguarding for the College – Appendix 3 Keeping Children Safe in Education – Appendix 4 8. Principles and Values This Scheme is based on the following principles and values: learner’s needs come first and are paramount holistic support is required to respond to the often complex problems and issues that affect learners sharing data and information with each other and our stakeholders is necessary to ensure that the needs of learners are safeguarded early intervention and inclusion is likely to lead to better outcomes 5 9. relationships based on trust between learners and those supporting them are likely to lead to better outcomes advocacy to assist and support learners in putting forward their views is an important aspect of our user engagement strategy we recognise that dealing with learners experiencing any form of abuse, distress or harassment can cause psychological anxiety for staff. Understanding what to do and how to do it is key to reducing emotional anxiety. Who is the Scheme directed towards? Governors, all staff, learners, external contractors and work-based learning employers. All staff should be able to: deal with safeguarding issues and be able to recognise potential harm to learners promote the College’s approach to safeguarding and protecting learners understand their role in relation to the requirement to safeguard and promote the welfare of children, young people and vulnerable adults and protect them from harm; and know how to support and respond to a learner who has disclosed abuse or neglect. For children who come under the care of the College nurseries, a different set of procedures applies to ensure that their particular needs are addressed. Staff working in Offender Learning are also subject to procedures laid down by the institutions in which they operate. 10. What is Abuse? Context Thankfully the prevalence of abuse and cases of maltreatment are relatively low per capita, however, the effects on those involved are profound and significantly impair victim’s life chances. In terms of maltreatment and neglect, we know that the highest risks are for children under five closely followed by young people. “The overall rates of Serious Case Reviews relating to fatal cases have remained relatively stable over the past 5 years. The highest risks remain in infancy, although a second peak is seen in adolescence.” (Brandon, 2011). 6 Definition and Indicators of Abuse and Neglect Abuse is a form of maltreatment of a child, young person or vulnerable adult. Somebody may abuse or neglect a child by inflicting harm, or by failing to act to prevent harm. Children, young people and vulnerable adults may be abused in a family or in an institutional or community setting by those known to them or, more rarely, by others (e.g. via the internet). They may be abused by an adult or adults, or another child, children or young person. Abuse is defined under the following categories: Physical Abuse Emotional Abuse Sexual Abuse Neglect There are also specific issues which we expect our staff to be aware of, these include: Child sexual exploitation Forced marriage Domestic violence Female genital mutilation Radicalisation Self-harm Bullying/cyberbullying Drugs Fabricated or induced illness Faith abuse Gangs & youth violence Violence against women & girls Mental health Sexting Teenage relationship abuse Trafficking Awareness of the indicators of abuse and neglect is covered in the mandatory training undertaken by all staff. Definition and Indicators of Abuse – Appendix 5 7 11. Managing Suspected Abuse and Disclosure “Disclosure” that a young person is or has been abused can happen in many ways and staff need to be alert to the signs. Disclosure can be direct, indirect, or via a third-party. Anyone who suspects, observes, hears or receives a disclosure must record and report this to one of the College’s safeguarding team of designated persons. Learners can make many attempts to reveal abuse before it is heard or acted upon. For example: The learner might speak directly to a tutor or support worker about current or past abuse Other learners might report concerns about their peers to staff Members of staff might observe changes in the learner’s behavior or appearance that could be an indication of abuse or neglect Learners might be overheard talking about their peers in ways that signal that they are aware of abuse occurring Abusive messages on a mobile or social networking site might be noticed All staff are encouraged to: always act where there are concerns not promise complete confidentiality not investigate, however, do listen and reassure follow The Manchester College procedure for Safeguarding Learners If the disclosure is urgent and takes place outside College hours or a Designated Person cannot be contacted, one of the emergency out of hours contacts should be contacted. Procedure for Safeguarding Learners - Appendix 6 Procedure for Safeguarding Young People and Vulnerable Adults in Work-Based Learning – Appendix 7 Safeguarding and Health & Safety Information for Work-Based Learning Employers – Appendix 8 Responding to a Disclosure – Appendix 9 Designated Persons Contact Details – Appendix 10 Recording Referral Form (SG 1) – Appendix 11 Out of Hours Contacts – Appendix 12 For general advice and support, please see Appendix 13 8 12. Consent, Confidentiality and the Sharing of Information In all safeguarding incidents staff should secure learner’s consent to share, however, where consent is not given, staff can still share sensitive personal data if they believe it is in the best interests of the learner, unless to do so would place that learner at further risk. In all situations where this happens, staff must log and record their decision to share. The Data Protection Act is not a barrier to sharing information but provides a framework to ensure that personal information about living persons is shared appropriately Confidentiality and the Sharing of Information – Appendix 14 13. Designated Persons (“DP”) There is a team of Designated Persons in the College, with at least two based on all main campuses. In addition there are a number of designated staff with cross College responsibilities for particular groups of learners, e.g. 14-16 and LDD learners. All DPs have considerable experience of dealing with safeguarding issues and have had enhanced safeguarding training. The role of the DP is to: 14. act as a source of support, advice and expertise to staff within the organisation when deciding whether and when to make a referral to relevant statutory agencies refer cases of suspected abuse or allegations to the relevant statutory agencies (children’s social care, adult social care or the police) seek advice from and share information with relevant statutory agencies before seeking consent or informing parents of a referral unless to do so would place a learner or someone else at increased risk of harm, for example in cases of suspected forced marriage ensure safeguarding concerns are referred to Student Safeguarding Support Groups (“SSSG”) record and report all incidents of abuse to their Senior Designated Safeguarding Officer deliver themed safeguarding training to College staff Student Safeguarding & Support Groups (“SSSG”) The Student Safeguarding and Support Groups ensure the holistic needs of learners are met and provide the mechanism through which a co-ordinated response can be delivered to learners identified as “at risk” It is our intention to extend the 9 remit of SSSGs to ensure good practice is disseminated and shared throughout the College at all levels. SSSGs will adhere to the Safeguarding Scheme with published guidance on eligibility criteria and needs thresholds to inform standardised practice between SSSGs. By publishing agreed procedures, practitioners will be better placed to ensure that no learner falls through the gaps in keeping with statutory recommendations from Working Together to Safeguard Children (2014). SSSGs will formulate an improved understanding of the barriers faced by learners which impact negatively on retention and achievement and the impact of safeguarding and its determinant impact on learner behaviour and attendance. Chairs of the SSSG will be required to ensure that their respective group complies with Statutory Regulations governing the disclosure and sharing of learner’s sensitive data. From 2014, SSSG chairs will be tasked with compiling data on the presenting issues that learners bring to panel in order to help build a more accurate profile of safeguarding across the Manchester College. Student Safeguarding and Support Groups will: Assess Plan Implement Review and monitor outcomes SSSG Procedures – Appendix 15 15. E-Safety Many of the risks identified in e-safety reflect situations in the off-line world and the College approach to e-safety is to incorporate it in to our overall commitment to safeguarding. Communication between children, young people and adults, by whatever method, should take place within clear and explicit professional boundaries. This includes the wider use of technology such as mobile phones text messaging, e-mails, digital cameras, videos, web-cams, websites and blogs. Staff should ensure that all communications are transparent and open to scrutiny. Staff should take particular care to avoid presenting themselves as a ‘friend’ on social media networking sites (such as Facebook or MySpace, etc.). 10 E-safety Policy (draft) – Appendix 16 E-safety Incidents Flowchart – Appendix 17 Resources and Websites for E-safety – Appendix 18 Acceptable Use Policy – Appendix 19 16. Safeguarding Learners at College The Visual Identification Policy ensures that everyone on campus is easily identified and all staff must adhere to the requirements set out in this policy and support its implementation with learners and visitors. All staff have a role to play in safeguarding learners who might be vulnerable to inappropriate approaches outside of the classroom. Where any behavior from adult learners, visitors, contractors or other College users appears to be inappropriate towards younger learners, staff and managers should alert a DP to lead and/or support an investigation. There are other incidents that may occur on campus which staff need to intervene in to ensure the safety and wellbeing of other College users, these include dealing with unacceptable behavior, intruders and verbal and physical aggression. We also have a duty of care to ensure that our learners are safe when they are off campus undertaking work placements, work experience or in the work place as Apprentices. Rigorous and timely checks should always be made of employers and work placement supervisors before placing a learner in that context. The College acts in loco parentis for learners when they are off campus on a College organised trip or visit. There are enhanced risks to undertaking a trip or visit particularly a residential or overseas trip. College staff must be fully aware of their rights and responsibilities prior to the trip and the trip organiser must ensure that all risk assessments and permissions are completed prior to the trip. The Personal Care Policy clearly states the rights and responsibilities of any learner who needs personal care whilst at College. It is essential that all staff working with learners with personal care needs or who may be physically vulnerable are fully aware of the parameters of their responsibilities and interventions. Visual ID Policy – Appendix 20 Dealing with Challenging Situations Flowchart – Appendix 21 Dealing with Intruders Flowchart – Appendix 22 Dealing with Misuse of Drugs and Alcohol – Appendix 23 Dealing with self-harm and / or expression of intent to self-harm – Appendix 24 Violence & Aggression Policy – Appendix 25 Employer and placement DBS Checks Policy – Appendix 26 11 Trips & Visits Policy - Appendix 27 Personal Care Policy – Appendix 28 17. Students with Criminal Convictions The College is committed to the fair treatment of all learners and welcomes applications from a wide range of individuals including those with criminal convictions. We are committed to equality of opportunity and select individuals based on their skills, qualifications and experience and not on their background or personal circumstances. Having a criminal conviction will not necessarily prevent someone from studying at the College. The College is mindful, however, of the duty of care it owes to its learners, staff and the wider community to act reasonably to protect their health, safety and welfare. As a consequence, the College requires all applicants to disclose any unspent criminal convictions (save for minor motoring offences) on application and re-enrolment. If an unspent criminal conviction is disclosed or otherwise brought to the College’s attention, we will work with that person to determine the level of risk posed by the conviction to both the individual and/or to others. The individual will be required to complete a Criminal Convictions Disclosure Form providing the College with further information about the offence and contact details for any relevant third party e.g. a probation officer. This information given on the Disclosure Form will then be used to assess whether there is any risk posed should the individual enrol on a course at the College. The College will use a process of risk assessment where a learner is enrolled with unspent criminal convictions. Student on Placement DBS Checks – Appendix 29 Disclosure of Criminal Convictions Flowchart – Appendix 30 Risk Assessment (Disclosure of Criminal Convictions) – Appendix 31 18. Relationships Between Staff and Learners Staff are expected to make a clear distinction between what is professional and what is personal with regard to their relationships with learners. The College encourages staff/learner relationships to be friendly and supportive, however, this is in the context of a professional relationship. It is not the same as becoming a learner’s personal friend. Where there is an imbalance in power (as inevitable in the staff/learner relationship), staff need to be aware that all learners, regardless of age, are in the College’s care and this is not consistent with developing close personal/private relationships. Any sexual contact with a learner under 18 will lead to criminal prosecution under the Sexual Offences Act 2003. 12 Inappropriate attitudes, demeanor and language all require care and thought to guard against misinterpretation and accusations of grooming. Staff should be circumspect in their communications with students so as to avoid any possible misinterpretation of their motives or any behaviour which could be construed as inappropriate. They should not give their personal contact details to children and young people including personal e-mail, personal blogs and websites, home or personal mobile telephone numbers. Where social contact is made through interests outside of work or through the adult’s own family or personal networks, this should be notified with the line manager and recorded. Behaviour by staff that puts learners at risk or is in breach of the boundaries separating professional from personal relationships will lead to disciplinary action under the Staff Disciplinary Procedure. Note: Staff employed by external contractors are also expected to adhere to this guidance. They should not develop, or attempt to develop, personal relationships with the College’s learners, whether on College premises or on-line. If anyone observes inappropriate behaviour, they should ensure it is raised with a DP immediately. Allegations of abuse by staff will be dealt with under the Staff Disciplinary Procedure. Staff Disciplinary Procedure – Appendix 32 Staff Code of Conduct – Appendix 33 19. Allegations of abuse made against teachers or other staff TMC has a duty of care to all employees. Anyone facing an allegation should be provided with effective support, the allegation should be dealt with quickly, consistently and fairly and should provide effective protection for the learner whilst supporting the staff member. Where an allegation is deemed to be sufficiently serious, the LADO should be informed. Allegations Against A Member Staff Policy – Appendix 34 20. Staff Recruitment The Manchester College operates safe recruitment procedures which ensure that employees who join the College are properly vetted and background checked. It is 13 imperative that employees who are recruited to work at The Manchester College are suitable to do so and therefore a range of pre-employment clearances are completed to ensure that suitability is assured. Any offer of employment is made subject to satisfactory completion of these checks. The checks consist of criminal record checking via the Disclosure & Barring Service (including verification of their identity), verification of their right to work legally in the UK, confirmation of required qualifications and appropriate reference checking. Safer Recruitment Policy – Appendix 35 DBS and Safeguarding Policy – Appendix 36 Voluntary Workers Policy – Appendix 37 21. Staff Training All staff undergo mandatory online ‘Safeguarding Children Foundation’ training with further refresher training every three years. There is a programme of thematic training throughout the year based on local and national priorities for those staff who have more exposure to safeguarding issues. All DPs receive ‘Designated Person’s Training’ which is updated at least every two years. In addition, all DP’s have access to MSCB training and development opportunities. All Governors and Senior Managers complete an online training course aimed specifically at addressing their roles and responsibilities. Mandatory training for staff working in Offender Learning is organised and delivered as part of their prison induction training programme. They also have access to the College online training programme and thematic training courses. Staff working in College nurseries also undertake training appropriate to the needs of the children in their care. Safeguarding Training Matrix - Appendix 38 14