PROTOCOL FOR DEVON MAINTAINED
SCHOOLS, FREE SCHOOLS AND
ACADEMIES
SAFEGUARDING & VULNERABLE
GROUPS
INTRODUCTION
This Protocol sets out the legal responsibilities and best practice for both maintained schools and Academy Schools in Devon across a range of
safeguarding related issues. It aims to set out, clearly and succinctly, both the legal requirements (i.e. the minimum standard) and what constitutes
best practice (i.e. the gold standard).
Devon County Council retains a legal responsibility to safeguard and promote the welfare of all children irrespective of whether they attend a
maintained school, an Academy, a Free School or are educated at home. In order for Devon County Council to discharge its statutory responsibilities it
monitors safeguarding practice in all schools to ensure that they are discharging their legal responsibilities. Through the activities commissioned from
Babcock LDP it also aims to support safeguarding practice in maintained schools (Academy Schools are able to purchase this support).
Devon County Council and Babcock LDP are committed to safeguarding and promoting the welfare of children and ensuring that the most vulnerable
children receive the support they need to make good progress.
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This Protocol will cover the following areas of practice:
Contacts
Child Protection/Safeguarding
Children in Care (CiC)
Children Missing Education (CME)
Elective Home Education (EHE)
Flexi Schooling
Exclusions
Information Sharing
Managing Allegations
Safer Recruitment
Transition
Policies
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3
4
7
8
10
12
14
15
18
24
26
28
Safeguarding concerns for a child overrides everything – please follow your setting procedures
and the MASH process where appropriate
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Name
Designation
Email address
Telephone Number
Beverley Dubash
Safeguarding Lead for Education
beverley.dubash@babcockinternational.com
01392 287222
Emma Hitchins
Lead for Safeguarding and Minority Groups
emma.hitchins@babcockinternational.com
01392 287255
Jane Lake
Education Safeguarding Officer
jane.lake@babcockinternational.com
01392 880720
Jane Dibble
Safeguarding Senior Practitioner EWO
jane.dibble@babcockinternational.com
01392 388303
Kathrin Porter
MASH Researcher EWO
kathrin.porter@babcockinternational.com
01392 388299
Georgina Bennett
Children Missing Education EWO
georgina.bennett@babcockinternational.com
01392 287274
Ann Hall
Children Missing Education EWO
ann.hall@babcockinternational.com
01271 388548/388551
Colin Mitchell
Children in Care EWO
colin.mitchell2@babcockinternational.com
01392 287291
Linda Page
Children in Care EWO
linda.page@babcockinternational.com
01271 388548/388551
Christine Ellison
Child Employment and Children in Entertainment EWO christine.ellison@babcockinternational.com
01392 287228
Peter Walker
Professional Lead for School Attendance
01392 287360
peter.walker@babcockinternational.com
Karen Easterbrook CPD (training) Administrator
karen.easterbrook@babcockinternational.com 01392 287224
Kathryn Symons
Kathryn.symons@babacockinternational.com
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Safeguarding Administrator
01392 880755
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Legal responsibilities
a) Safeguard and promote the welfare of
children.
Best Practice:
a) All staff to sign safeguarding/child protection policy, code of
conduct, managing allegations to say they have read and
understood the policies.
b) create and maintain a safe learning
environment for children and young people
c) Identify where there are child welfare
concerns and taking action to address them
in partnership with other organisations
where appropriate.
d) S.175/157 safeguarding audit to LA
annually
e) Safeguarding/Child Protection Policy
f)
Annual Safeguarding Report to Governors
g) Has a Senior Designated person who is a
member of the senior leadership team.
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b) Staff actively involved in writing and evaluating safeguarding
processes and policies to ensure they are practical, robust and
fit for purpose. Evaluation outcomes
c) Ensure that all children know:
I.
the availability of advice and support in their local area and
online;
II.
recognising and managing risks in different situations,
including on the internet, and then deciding how to
respond;
III.
judging what kind of physical contact is acceptable and
unacceptable; and
IV.
Recognise when pressure from others (including people they
know) threatens their personal safety and wellbeing and
develop effective ways of resisting pressure.
d) Clear procedures understood by all staff, reporting forms
available in all areas/classes
e) Clear understanding of roles and responsibilities of staff
f) Evidence of attendance at CAF/TAC/CP
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h) Contributing to actions to safeguard the
child
i) Special schools, including non-maintained
special schools and independent schools,
that provide medical and/or nursing care
should ensure that their medical and
nursing staff have appropriate training and
access to advice on child protection and on
safeguarding and promoting the welfare of
children.
j) Named Safeguarding Governor overseeing
CP/Safeguarding in the School
k) Appropriate training provided for all staff:
l) All staff to receive Group 2 Raising
Awareness training every 3 years.
m) Safeguarding folder to contain signing in
sheet for delegates and a copy of the
presentation
n) Staff with a designated responsibility to
have attended an accredited Devon Group
3 CP course and attended a Group 3
Refresher every 2 years. Certificate of
attendance
g) Copies of Audits and action plan informed by audit
h) Annually updated and ratified by Governors showing Governor
role of questioning/challenge and evaluation
i) Reports to filed
j) Evidence that the SDO is Senior Leadership team, full time or
clear evidence that there is a deputy or SDO in another settings
to take responsibility and a clear line of communication is
available to staff/pupils and parents
k) Record Keeping to included:
I. Chronologies showing clear actions
II. Core Data
III. Files kept on CiN/CP/CAF showing school
involvement
IV. Minutes of other meetings held
l)
m)
n)
o)
p)
q)
r)
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Intimate Care Policy with Personal Intimate Care Plans for those
pupils with need.
Safeguarding Governor has attended Group 3 CP training and
the Group 2 training within the setting
Evidence of work with other agencies involved in
CP/Safeguarding i.e. Childline/CEOP/thinkyouknow
Evidence of Safeguarding/CP at staff meetings.
Evidence that pupils also participated in writing and evaluating
policies
Safeguarding across the curriculum
E. Safety training for all pupils and parents
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s)
t)
Risk Assessments are carried out
Anti -bullying week and evidence to show this has been
continued throughout the school year
u) Safer Working practice training for staff and volunteers
v) Clear procedures for pupils to report concerns
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Legal Responsibilities
a)
Schools have a named Designated
Person with responsibility for CiC
b)
School has a Children in Care Policy
Best Practice
a)
All staff clearly know their SDO for CiC
b)
Children in Care Policy is available to all
staff, parents, pupils and other agencies.
c)
School keep a clear list of CiC within
their setting
d)
Files are kept in a secure locked cabinet
recognised as a distinct group and have all
relevant information
e)
Files clearly show that school have
attended meetings as required and have
participated in planning and monitoring under
the requirements of Corporate Parenting.
f)
School communicate with all those
involved with the child and facilitate
information to parents, carers, SCS and pupil
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Legal Responsibilities
a) All schools, including Academies and Free
Schools, must monitor pupils’ attendance
through the daily register.
b) Where a pupil regularly fails to attend
school the school must inform the EWS.
c) Schools also have safeguarding duties in
respect of their pupils, and as part of this
should investigate any unexplained
absences.
d) Inform LA when any child is taken off roll
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Best Practice
a) If a child disappears without warning, and parents and
emergency contacts cannot be contacted, the school
should complete electronic Form on SIMS
b) If there is a safeguarding concern inform the appropriate
CME EWO immediately and dependent on the level of
concern, contact the MASH
c) Deletions from roll can only be after four weeks’
continuous absence where all reasonable attempts have
been made to trace a child.
d) When a pupil is expected to join the school, either at a
normal time of starting (e.g. Nursery, Reception or Year 7)
or at any other time, and s/he does not arrive, the school
must first try to make contact with the parents by phone
or letter.
e) If, after one week, no contact has been made the school
must inform the local authority Admissions Department
to find out if the pupil has been registered elsewhere.
f) If the pupil has not registered the school must complete a
referral to the CME team
g) The pupil must not be removed from roll until the pupil’s
whereabouts and safety has ascertained, and has
confirmed that the pupil is registered at another school or
is being educated otherwise.
h) The pupil should be marked on the register as having
unauthorised absence.
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i)
If a pupil has unexplained absence from school for a
prolonged period, or fails to return from a holiday, the
school must follow the normal procedures for
investigating pupil absence (i.e. telephone calls, letters,
invitations to meetings at the school, etc.).
j) If, after two weeks, the pupil does not return to school
the matter must be referred to the CME team where the
procedures for ‘missing pupils’, outlined in the Guidance
for CME’, will be followed.
k) If a pupil ‘disappears’ without any warning the school
must immediately notify the CME team - Office, 2nd Floor,
Milford House, Pynes Hill, Exeter. EX2 5TH, Tel. 01392
287357
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Legal Responsibilities
Best Practice
The Education Act 1996 requires a child to be educated
from the age of five to the age of 16 and parents are
responsible to see that this happens either in school or
'otherwise'. The Act gives parents the right to educate
their child at home.
All schools are required to complete the Devon EHE
form and return to EHE service before deleting the
pupil’s name from the register.
Section 7 of the Education Act 1996 states:
“Duty of parents to secure education of children of
compulsory school age:
The parent of every child of compulsory school age shall
cause him to receive efficient full time education suitable:
to his age, ability and aptitude, and
to any special educational needs he may have, either by
regular attendance at school or otherwise”
a) Schools should not wait for parents to give
written notification that they are withdrawing
their child from school before advising their local
authority.
b) Schools must make a return (giving the child's
name, address and the ground upon which their
name is to be deleted from the register) to the
local authority as soon as the grounds for deletion
is met, and no later than deleting the pupil's
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name from the register.
c) If a child is registered at a school as a result of a
school attendance order the parents
must get the order revoked by the local authority
on the ground that arrangements have been
made for the child to receive suitable education
otherwise than at school, before the child can be
deleted from the
School’s register and educated at home.
d) where the child is attending a special school
under arrangements made by the local
authority additional permission is required from
the authority before the child's name can be
removed from the register.
e) Schools must not seek to persuade parents to
educate their children at home as a way
of avoiding an exclusion or because the child has
a poor attendance record. In the case of
exclusion, they must follow the statutory
guidance. If the pupil has a poor attendance
record, the school and local authority must
address the issues behind the absenteeism and
use the other remedies available to them.
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Legal Responsibilities
In England, flexi-schooling is covered by the Education
(Pupil Registration) (England) Regulations 2006.
According to the regulations:
a)
Schools should indicate on their register when
children are attending an approved activity offsite
b) An approved educational activity is one that
takes place outside the school premises and
which is approved by a person authorised by
the proprietor of the school
c)
The activity must be of an educational nature,
including work experience and sporting
activities, and must be authorised by the
proprietor of the school or the Headteacher
Best Practice
a) Guidance published by the Department for Education
(DfE), notes that flexi-schooling is a legal option,
provided that the headteacher at the school agrees to
the arrangement.
b) The child is required to follow the National Curriculum
while at school but not while he or she is being
educated at home
c) Flexi-schooling is permissible whether or not a child has
SEN and there is no time limit placed on the
arrangement. However, the Government also refers to
"a temporary part-time timetable...for example where
a medical condition prevents a pupil from attending
full-time education... [This] must not be treated as a
long-term solution. [The school] must record it as
authorised absence. [i.e. Code C]
d) On 22 February 2013, the Government published
revised advice on school attendance. The advice
clarified the Government’s expectations on how
various school attendance codes should be used to
record pupil school attendance.
e) Schools should not mark a pupil as attending school,
using the attendance code B for off-site education
activity, unless the school is responsible for supervising
the off-site education, and can ensure the safety and
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the welfare of the pupil off-site.
f)
Schools are ultimately responsible for the attainment
of every child registered on their roll. Whilst being
home educated, parents and carers are responsible for
pupils, not schools.
g) Where parents have entered in to flexi-schooling
arrangements, schools may continue to offer those
arrangements. Pupils should be marked absent from
school during periods when they are receiving home
education.
h) The reference in the Government’s revised advice on
school attendance, that was categorical that a school
could not agree to a flexi-schooling arrangement, has
been removed.
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Legal Responsibilities
a) Only a Headteacher or acting Headteacher
can make the decision to exclude in response
to serious breach of school behaviour policy
b) Whenever a head teacher excludes a pupil
they must, without delay, notify parents of
the period of the exclusion and the reasons
for it.
c) The head teacher must, without delay, notify
the governing body and the local authority of:
i.
a permanent exclusion (including where a
fixed period exclusion is made
permanent);
ii.
exclusions which would result in the pupil
being excluded for more than five school
days (or more than ten lunchtimes) in a
term; and
iii.
Exclusions which would result in the pupil
missing a public examination or national
curriculum test.
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Best Practice
a) Gather all evidence of incident - preferably
handwritten by all those involved, dated and signed
b) Consider alternatives to exclusions and if any
safeguarding issues impact upon exclusion
c) Consider strategies including CAF and CiN
d) Referrals to Behaviour Support Team and Educational
Psychologist
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Legal Responsibilities
There is no general statutory power to share information, just as
there is no general power to obtain, hold or process data. However,
some Acts of Parliament give public bodies express statutory powers
to share information. These are often referred to as ‘statutory
gateways’ and are enacted to provide for the sharing of information
for particular purposes. These gateways may be permissive or
mandatory.
The Children Act 1989
Section 17 - general duty of local authorities to safeguard and
promote the welfare of children within their area who are in need,
and so far as is consistent with that duty, to promote the upbringing
of such children by their families.
Section 47 - where a local authority is informed that a child who lives,
or is found, in their area is the subject of an emergency protection
order or is in police protection or there is reasonable cause to suspect
that a child who lives, or is found, in their area is suffering, or is likely
to suffer, significant harm, there is a duty to investigate.
The following authorities must assist a local authority with these
enquiries if requested, in particular by providing relevant information:
• any local authority;
• any local education authority;
• any housing authority;
• any health authority;
• any person authorised by the Secretary of State.
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Best Practice
a) If you are asked, or wish, to share information,
you must use your professional judgement to
decide whether to share or not and what
information it is appropriate to share, unless
there is a statutory duty or a court order to
share.
b) Wherever possible, subject to considerations
set out above, you should inform the individual
concerned that you are sharing the information,
why you are doing so, and with whom.
c) It is best practice to set out clearly your school’s
policy on sharing for all parents. The approach
to securing consent should be transparent and
respect the individual. Consent must not be
secured through coercion or inferred from a
lack of response to a request for consent.
d) A child or young person, who has the capacity
to understand and make their own decisions,
may give (or refuse) consent to sharing.
Children aged 12 or over may generally be
expected to have sufficient understanding.
Younger children may also have sufficient
understanding. This is presumed in law for
young people aged 16 and older. When
assessing a child’s understanding you should
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Section 27 enables the authority to request the help of one of those
listed above where it appears that such an authority could, by taking
any specified action, help in the exercise of any of their functions
under Part 3 of the Act.
Authorities are required to co-operate with a request for help so far
as it is compatible with their own statutory duties and does not
unduly prejudice the discharge of any of their functions.
In practice, when required to help under sections 47 or 17 of the Act,
authorities may be approached by social services and asked to:



provide information about a child, young person or their
family where there
are concerns about a child’s well-being, or to contribute to
an assessment under section 17 or a child protection enquiry;
undertake specific types of assessments as part of a core
assessment or to provide a service for a child in need;
provide a report and attend a child protection case
conference.
The Act does not require information to be shared in breach of
confidence, but an authority should not refuse a request without
considering the relative risks of sharing information, if necessary
without consent, against the potential risk to a child if information is
not shared.
The Children Act 2004 states:
In order to safeguard and promote the welfare of children,
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explain the issues to the child in a way that is
suitable for their age, language and likely
understanding. Where applicable, you should
use their preferred mode of communication.
e) If you have concerns that a child is at risk and
shared that information with the appropriate
agencies, it is imperative that you keep an
accurate record of exactly what information
you have shared, with whom you shared it and
why you shared it. Not only is this good practice
for data protection purposes, but it will also
serve as an excellent contemporaneous note of
your decision making process months down the
line.
f) As long as you share relevant information
appropriately and with the right agencies, you
will not fall foul of the law. The law is on the
side of a practitioner who seeks to share
information regarding a child they believe to be
at risk. This has always been the case — a fact
that Lord Laming was eager to reiterate in his
report.
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arrangements should ensure that:
 all staff in contact with children understand what to do and
are aware of the most effective ways of sharing information if
they believe a child and family may require targeted or
specialist services in order to achieve their optimal outcomes;
 all staff in contact with children understands what to do and
when to share information if they believe that a child may be
in need, including those children suffering or at risk of
significant harm.
Education Act 2002
Section 175 of the Education Act 2002 lays a duty on LAs and the
governing bodies of both maintained schools and further education
institutions to make arrangements to carry out their functions with a
view to safeguarding and promoting the welfare of children and
follow the guidance in Safeguarding Children in Education (DfES
2006).
The guidance applies to proprietors of independent schools by virtue
of section 157 of the Education Act 2002 and the Education
(Independent Schools
Standards) Regulations 2003.
Section 21 of the Act, places a duty on the governing body of a
maintained school to promote the well-being of pupils at the school.
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Legal Responsibilities
The governing body must ensure that—
(a) Any person who interviews an applicant for any post
under these Regulations has completed the safer
recruitment training; or
(b) In the case where—
(i) A selection panel is appointed for that purpose under
regulation 15 or 27; or
(ii) The governing body delegates the appointment of a
member of staff to two or more governors or one or more
governors and the head teacher under regulation 4(1), at
least one member of that panel or group has completed
the safer recruitment training.
All staff must have a DBS if they working in a
Regulated activity
Regulated activity
An activity is considered a regulated activity if it is
carried out in one of the following establishments
and is undertaken regularly (see definition of
regular below):•
Schools.
•
Sixth form colleges which is wholly or
Mainly for under 18 year olds.
•
Nursery schools
•
Institutions for the detention of children
•
Children’s centres
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Best Practice
a)
Although volunteers do not have to have a DBS if
they are receiving supervision to an appropriate level, it is
wise to complete a risk assessment and for a DBS if
necessary.
b)
It is not necessary to obtain a DBS Disclosure for
visitors who will only have contact with children on an ad
hoc or irregular basis for short periods of time, or
secondary pupils undertaking voluntary work or work
experience in other schools. However, it is good practice
to ensure they sign in and out and are not left
unsupervised with children.
c)
All schools maintained by Devon should now use
the on-line Disclosure and Baring Service Checks service
provided by HR ONE.
d)
To support Ofsted and the Single Central Record
please download the letters regarding visitors to schools.
These letters can be shown to Ofsted Inspectors to
confirm that Babcock employed staff, Devon County
Council employed staff and NHS employed staff have been
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•
Child care premises
•
Children’s residential
Staff will be eligible for a DBS Disclosure with a
barred list check if they undertake the following
activities:i.
unsupervised activities which involves the
teaching, training, instructing, caring for
or supervising children or providing
advice/guidance on well-being or driving
a vehicle only for children. This only
applies where the regulated activity is
undertaken regularly.
ii.
work for an establishment (specified
places) with opportunity for contact. This
will include schools, children’s homes,
and child care premises. This only
applies where the regulated activity is
undertaken regularly.
iii.
provide personal care, e.g. washing,
dressing or health care. You only have to
do this activity once.
The definition of regular activity is where a
regulated activity is undertaken by the same
individual as follows:i.
work undertaken once a week or
more;
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through robust recruitment checks including a DBS check.
e)
Features of a safer recruitment process
a) Set time aside for planning and structuring the process.
b) Have clear job, role and person specifications, setting
down the boundaries and expectations of the role
including a statement of responsibility and requirements
for safeguarding.
c) Clear messages about safeguarding should be sent to
candidates from the outset.
d) A statement about commitment to safeguarding should
be incorporated in any job advert.
e) Use application forms, not CVs.
f) Obtain references before interview wherever possible;
include specific enquiries about the applicant’s
background in relation to safeguarding and ensure
references are given proper weight and consideration in
the selection process.
g) Send reference templates in order that you can request
the information that you want to know and don’t be
afraid to pick up the phone and have a conversation with
the appropriate person.
h) At a minimum, the selection process should involve a
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ii.
work undertaken on four or more
days in a 30 day period;
iii.
work undertaken at least once,
overnight and with the
opportunity for face-to-face
contact with children.
An enhanced DBS check with a barred list check
will only be requested where the post meets the
new definition of regulated activity.
a DBS disclosure cannot be obtained for anyone
under the age of 16.
Schools will need to complete a new check for
staff if:
• there has been a break in service of three
months or more
 Return from an agreed career break.
• Have been working with a different
service user group.
• Moved to a job that has more direct
access with children.
• Move to a job that has a greater
responsibility for Safeguarding children.
• If actions or activities give cause for
concern.
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face-to-face interview and where possible another tool
(role play, presentation, teaching a lesson, participating in
activities with children under observation etc.).
i) At interview, use probing questions into motives,
attitudes and behaviours, not just skills and experience,
and questions that cover safeguarding issues as well as
other role-related areas.
j) Seek information about criminal history and use it
appropriately.
k) Don’t place too much emphasis on vetting checks.
l) Ensure there is an on-going culture of vigilance in the
organisation.
Pre-employment checks
Identity
Barred list check (children’s barred list ‘quick’ check – replaced
List 99).
Criminal background declarations and DBS Disclosures.
Qualifications.
Status: QTS, GTC, etc.
Eligibility to work in the UK.
Health and Sickness record.
Overseas applicants.
A conditional offer of employment can be made pending any of
the above.
The DBS update service
•The DBS online Update Service launched on 17 June
2013 and aims to be a more efficient way of checking the
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There is no longer a requirement to undertake a
recheck.
Volunteers
Volunteers are not considered to be in a
regulated activity if they are supervised to the
appropriate level.
However, if unsupervised and they meet the
definition of regulated activity, then they are
eligible for a DBS check with the barred list check.
If they are unsupervised and the work meets the
old definition of regulated activity the school may
decide to apply for an enhanced DBS check
without the barred list check but they do not have
to.
Governors
Governors are not required to undergo a DBS
check unless they meet the definition of regulated
activity. However, the school has the discretion to
apply for an enhanced DBS check without barred
list check, as the position meets the old definition
of regulated activity.
Governors at independent schools or academies
do require an enhanced DBS check. This is part of
the Education (Independent School Standards)
(England) Regulations 2010.
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status of DBS certificates.
• The Update Service is optional meaning not all
applicants will have signed up to it.
• Applicants pay an annual subscription fee of £13 to
keep their DBS certificate up-to-date so that they can
transfer it between roles.
• The Update Service is free for volunteers.
• Employers do not need to register with the Update
Service to use it to check the status of DBS certificates for
any potential or current employees.
Viewing the certificate
• You must always obtain permission from the individual
in question before you carry out a status check and
individuals will always be informed if you carry out a
check.
• From 17 June 2013 employers and registered bodies
will not receive a copy of the certificate. You will have to
ask the individual to see the original certificate.
• As you will no longer receive a copy of a DBS certificate
you will need to use the security features used by the DBS
to confirm that the applicant shows you a genuine
certificate. This includes a ‘crown seal’ watermark on the
right-hand side. Visit the DBS website for more
information.
• If the applicant hasn’t shown you the certificate after 28
days you can ask the DBS if it was issued. If the check was
clear the DBS will confirm that a clear certificate was sent
out. If the applicant is disputing the certificate you will not
be informed that criminal information has been found or
that a dispute has been raised.
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Supervision
The regulations say that supervision must be
reasonable and should give managers the flexibility
to determine what is reasonable in the
circumstances. The precise nature of supervision will
vary from case to case. However, supervision must
be:• regular (on-going);
• day-to-day;
• reasonable in all circumstances for the purpose of
protecting the children concerned;
• carried out by an individual who is engaging in
regulated activity relating to children and has a DBS
disclosure with barred list check.
Permissions and rights
• When a member of staff leaves your school you no longer have
the right to check their status.
• You cannot share the results of a status check with other
organisations or people. The applicant must give them permission
to check their status
When considering what level of supervision is
reasonable, you must consider the following:• the age of the children concerned;
• the number of children they are working with;
• whether or not there are other carers/adults
around;
• the nature of the work or contact with children;
• the vulnerability of the children;
• the experience of, and the checks that have been
carried out;
• the number of people being supervised
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Single Central Record (SCR)
The educational establishment must have a
record of the following people:
i.
all staff who are employed to work at the
school; and those in FE colleges providing
education; and
ii.
all staff who are employed as supply staff
to the school or as supply staff providing
education to the FE college whether
employed directly by the school, FE
college or local authority or through an
agency;
The record should include all others who have
been recruited by the educational establishment
to work in regular contact with children. This will
cover volunteers, governors who also work as
volunteers within the establishment, and people
brought into the school to provide additional
teaching or instruction for pupils but who are not
staff members e.g. a specialist sports coach or
artist.
2013-2014
Page 23
Legal Responsibilities
a) 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.
b) In the first instance, the head teacher or
principal, or chair of governors if the
allegation has been made against the head
teacher or principal, chair of the
management committee or proprietor of an
independent school (the ‘case manager’)
should immediately discuss the allegation
with the LADO.
c) It is extremely important that when an
allegation is made, the school or FE college
makes every effort to maintain
confidentiality and guard against unwanted
publicity while an allegation is being
investigated or considered. The Education
Act 2011 introduced reporting restrictions
preventing the publication of any material
that may lead to the identification of a
2013-2014
Best Practice
a) If an allegation is made against a member of staff the quick
resolution of that allegation should be a clear priority to
the benefit of all concerned. Any unnecessary delays
should be eradicated.
b)
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.
c) 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.
d) Pupils that are found to have made malicious allegations
are likely to have breached school behaviour 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).
Page 24
teacher who has been accused by, or on
behalf of, a pupil from the same school
(where that identification would identify the
teacher as the subject of the allegation).
d) 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.
e) All schools and FE colleges should have procedures for
dealing with allegations. 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.
f)
2013-2014
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.
Page 25
Legal Responsibilities
Education Act 1996
Section 408 and the Education (Pupil
Information)(England) Regulations
2005 requires the transfer of the pupil's common
transfer file and educational record when a pupil
changes school.
Section 434 (4) of the Act requires LAs to request
schools to provide details of children registered at a
school.
2013-2014
Best Practice
a. If there have been any child protection concerns*, the file
is reviewed and transferred separately from other school
records and direct to the relevant member of staff in the
receiving school.
b. At transition, liaison arrangements should include specific
transfer of Child Protection information as part of the formal
transition arrangements.
c. There is programmed discussion prior to transition to
ensure support staff get to know vulnerable children's and
young people's needs and circumstances
d. The file should be sealed and marked ‘Private &
Confidential FAO the Child Protection Officer’. The receiving
school should be notified by telephone that there are
concerns and records will if possible be collected or post if
necessary.
e. If posted the sealed and indicated records should be
placed within a plain addressed envelope. A record should be
kept of the date of such transfer of sensitive files and of the
person to whom they are transferred. It is recommended that
the receiving school acknowledges receipt of records, and this
acknowledgement recorded by the sending school.
f. Copies of records should be retained before sending them.
g. If the destination school is unknown at the time of
transition, the records should be retained until the school is
contacted by a receiving school. It is important that the
Page 26
procedure for children missing from Education is also
followed.
h. Transfer of children's and young people's electronic data
notifies the recipient that secure files are held on the child or
young person. This is requested by a named individual in the
receiving school who acknowledges receipt. (This to take
place when electronic data transfer is established from
2005/06)
i. When receiving children from other schools the school
should contact the sending school ascertain if there are CP
concerns if not previously alerted.
j. If files are not requested within a (time period) of the
transfer of the child or young person, the holding school
follows procedures to ensure the pupil is not ‘missing’.
2013-2014
Page 27
Legal Responsibilities
Capability of Staff (MS and PRUs)
School Behaviour (MS, Acad, PRU, FS, IS, NMSS)
Sex Education (MS, Acad, PRU, FS)
SEN (MS, Acad, FS)
Data Protection (MS, Acad, PRU, FS, IS, NMSS, SFC)
Equality Information & Objectives (MS, Acad, PRU, FS,
IS, NMSS, SFC)
Health and Safety (MS, Acad, PRU, FS, IS)
Behaviour principles written statement (MS, PRUs,
NMSS)
Written policy on behaviour principles (Acad, FS, IS)
Complaints procedure statement (MS, Acad, PRU, FS, IS,
NMSS)
Home-school agreement document (MS, Acad, FS)
Register of pupils’ admission to school (MS, Acad, PRU,
FS, IS, NMSS)
Register of pupils’ attendance. (MS, Acad, PRU, FS, IS,
NMSS)
Staff discipline, conduct and grievance (procedures for
addressing) (MS, Acad, PRU, FS, IS, NMSS, SFC)
Child protection policy and procedures (MS, Acad, PRU,
FS, IS, NMSS, SFC, FE)
Statement of procedures for dealing with allegations of
abuse against staff (MS, Acad, PRU, FS, IS, NMSS, SFC,
FE)
2013-2014
Best Practice
E-Safety Policy
Acceptable User
Intimate Care
Recruitment and Selection
DCC Model)
Volunteers in Schools (DCC Model)
Misuse of Substances & Drugs Policy
Education for Children in Care
Inclusive Education – Guidance re the DfE’s Use
of Force to Restraint
Whistleblowing
Anti-Bullying (Including Student Friendly
Version)
Attendance
Confidentiality
Exclusions
Work experience
Code of Conduct
Information sharing
Administration medicines
Self-injury
Page 28
Early Years Foundation Stage (EYFS)
Those delivering the EYFS are required to have policies
and procedures on a range of issues covering learning
and development, safeguarding and welfare. These are
set out in detail in the Statutory Framework for the Early
Years Foundation Stage. An EYFS Profile assessment is
required for each child during the academic year they
reach the age of five (for most children this is the
reception year in primary school) and nursery settings
catering for children under three must complete a
summary check when a child is aged two.
Key:
Academies - Acad
Free schools (including University Technical Colleges and
Studio Schools) - FS
Maintained schools (including maintained special
schools) - MS
Sixth-form colleges - SFC
Further education colleges with 16-19 provision - FE
Pupil referral units - PRU
Independent schools (not state-funded) - IS
Non-maintained special schools - NMSS
2013-2014
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