St Mary Magdalen’s Catholic Primary School
Safeguarding/Child Protection Sept 2015
St Mary Magdalen’s
Catholic Primary & Nursery
School
Safeguarding / Child Protection
Policy
Updated: September 2015
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St Mary Magdalen’s Catholic Primary School
Safeguarding/Child Protection Sept 2015
St Mary Magdalen’s Catholic Primary School and Nursery
Safeguarding / Child Protection Policy.
Mission statement/ vision
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At St Mary Magdalen’s School we strive to be a place where pupils, staff,
helpers, families and other visitors will be made welcome and comfortable
and where we will treat each other with respect.
 We believe that all children and young people have the right to protection
from neglect and abuse and that their welfare is of paramount importance.
St Mary Magdalen’s is a place where learning and personal development
takes place in a climate of trust and confidence and where we value
everyone's unique contribution to our community.
 Everyone has a responsibility for safeguarding and promoting the welfare
of children and young people and for ensuring that they are protected from
harm.
 All staff and volunteers working in the school have a duty to ensure that
children are safe and protected and we all have a duty to ensure that if
there are any concerns relating to the welfare or safety of a child the Pan –
Sussex child protection procedures are followed.
 We will always try to work in partnership with families but in any conflict
between the needs of the child or young person and those of parents/carers or
professionals, the needs of the young person must come first.
 Policy recognises that child abuse occurs in all cultures, ethnic groups and
social strata
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 We are committed to safe recruitment and selection procedures to ensure
that all staff and volunteers have been appropriately screened prior to
appointment, and to the provision of appropriate child protection training
through the staff induction programme and within continuing professional
development opportunities.
Context
The Children’s Act 1989 requires all Local Authorities and schools to:
 Take action to safeguard and promote the welfare of any child who is
suffering or likely to suffer ‘significant harm’
 Safeguard and promote the welfare of any child who is ‘in need’
There are two parts to safeguarding:
 A duty to protect children from maltreatment
 A duty to prevent impairment
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Promoting welfare means:
 Creating opportunities to enable children to have optimum life chances
Significant Harm
The concept of Significant Harm introduced by the Children Act 1989 is the
threshold by which compulsory intervention by Social Services may take place:
Harm means ill treatment or the impairment of health or development;
Development means physical, intellectual, emotional, social or behavioural
development;
Health means physical or mental health; and ill treatment includes sexual abuse
and forms of ill treatment which are not physical.
Designated person
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All schools have to have a senior member of staff with responsibility for
implementing the child protection policy. In our school the designated
member(s) of staff with child protection responsibility is/ are:
Mrs Gemma Nunes (SENC0) supported by Mrs Halden Eady
(Headteacher).
As designated person of staff for child protection, Mrs Nunes will have
regular child protection training and will make sure that all staff and
volunteers know how to recognise and report any concerns or indications
that a child is or has been neglected or abused.
Mrs Eady will provide information to the governing body regarding the
number, nature and outcomes of referrals made.
Mrs Nunes will make any necessary contact with the appropriate
safeguarding team or the police and s/he will make sure that the school
follows the Pan – Sussex child protection procedures and contributes fully
to the child protection process.
Mrs Eady will be responsible for ensuring the central record of child
protection training is kept up to date.
Mrs Eady will ensure that each September, every member of staff
completes the declaration with regard to the ‘Disqualification under the
Childcare Act 2006. This act insists that staff members must disclose if
‘they, or anyone living in the same household as them’ would be
disqualified from working with children under the Childcare Act 2006 and
the Childcare (Disqualifications) Regulations 2009. See guidance /
declarations held in school.
The categories of abuse
Through their day-to-day contact with children and direct work with families,
education staff have a crucial role to play in noticing indicators of possible abuse
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or neglect and referring those concerns to the appropriate investigative agencies
(social services and police).
Training is provided to all staff on appointment (within the first 6 weeks) and
every 3 years by our designated person for child protection. A copy of the Pan –
Sussex child protection procedures and other associated information is available
for staff.
Evidence of abuse can include:
Physical Abuse: non accidental injuries, bruising, wounding burns, fractures
- indicators include:
• obvious signs of injury;
• injuries which are unusual or unexplained; and
• injuries, which while explained are frequent.
Neglect: the chronic inattention to basic needs - indicators include:
• dirty, unkempt appearance;
• developmental delay;
• low self esteem; and
• hunger.
Sexual abuse: the involvement of children or young people in sexual activity, this
includes the abuse of a position of trust by an adult with professional
responsibility to a child - indicators include:
• physical difficulties such as wetting or soiling;
• extreme variations in behaviour;
• sexualised language, behaviour of play; and
• indirect disclosure through play, drawing or written work.
Emotional Abuse or neglect: persistent emotional ill treatment such as the
extreme denial of love, affection or approval - indicators include:
• low self esteem, unhappiness, fear, distress or anxiety;
• attention seeking behaviours; and
• emotional developmental delay.
Staff at St Mary Magdalen’s will be trained to recognise and respond to the
categories and potential indicators of abuse.
Action to be taken
Sometimes concerns that a child or young person is suffering or is likely to be
suffering some form of abuse will build up slowly over time, and some will be as a
response to a child presenting an injury or mark or talking about a worrying issue.
All concerns should be logged or recorded (see appendix A, B and C - school
record keeping systems) and should be referred to the designated person, who
will provide support and guidance and if appropriate will make a referral to the
safeguarding team and if necessary the police.
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Disclosures
Sometimes children and young people who are suffering abuse choose a trusted
adult to tell.
If a child discloses abuse in school, the person hearing the disclosure should:
• listen, allowing the child to recall freely;
• reassure the child that they are believed;
• make notes as soon as possible recording as accurately as possible the
word used by the child;
• but be clear with the child that the information will have to be passed on
and that there are people who will be able to help; and
• refer to the designated person who will contact the safeguarding team
and the police if necessary.
DO NOT ASK THE CHILD QUESTIONS; This is the role of specially trained
social workers and police officers. Others posing questions to the child could
contaminate potential evidence of a crime.
Information sharing
At St Mary Magdalen’s school we share information with parents and partner
agencies to:
 support early intervention to help children, young people and families who
need additional services to achieve positive outcomes
 ensure we fulfil our duty to safeguard children and promote their welfare
The Data Protection Act is not a barrier to sharing information, but is in place to
ensure that personal information is shared appropriately.
At St Mary Magdalen’s we follow the guidance below to ensure we share
information both professionally and lawfully
Six key points:
Explain openly and honestly to parents/ carers at the outset what information will
or could be shared, and why, and seek agreement, except where doing so puts
the child or others at risk of significant harm
The child's safety and welfare must be the overriding consideration when making
decisions on whether to share information about them
Ensure information is accurate, up-to-date, necessary for the purpose for which
you are sharing it, shared only with those who need it and shared securely.
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Respect the wishes of children or families who do not consent to share
confidential information unless in your judgement there is sufficient need to
override that lack of consent
Seek advice when in doubt
Always record the reasons for your decision whether it is to share or not to share
information
(Ref: Making It Happen: Working together for children, young people and families
(DfES, 2006) - sets out six key points and guiding principles on information
sharing)
At St Mary Magdalen’s school the decision to share information when there are
child protection concerns will be made by the designated person
Record keeping
The Data Protection Act states that personal information held by agencies must
be obtained and processed fairly and lawfully and stored securely. It must be
accurate, proportionate to the purpose, not held longer than necessary and may
only be disclosed in appropriate circumstances.
Record keeping is an important aspect of our school life, staff keep records on all
areas of pupil welfare, development and attainment and this is made clear to
parents through (see Appendix A, B, C - school systems).
Where concerns arise about the safety or wellbeing of a pupil, or there are
indications that the child may be suffering or at risk of suffering significant harm,
staff will record:
• The reason for the concern;
• What was said or witnessed and details of any other persons present;
• Dates and times of incidents and when the notes were made;
• Date, time and outcome of any discussion with the parent or carer; and
• Date, time and outcome of any discussion with the head teacher, social
services staff or other relevant professionals consulted.
Staff will use the school welfare concern forms and will be careful to distinguish
between fact, opinion and hearsay. Notes will be passed to the designated
person who will keep all welfare concerns and child protection records in a locked
cabinet.
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These records form evidence and may be used in the child protection referral and
any subsequent investigation or legal proceedings, they are exempt from the
open file regulations and do not have to be made available to parents or carers
requesting access to the pupil's file.
Unless to do so would put a child at significant risk, parents and carers may see
these forms. Good practice and partnership working dictates that if anything is
significant enough to be recorded it should be discussed with parents and carers
unless this increases risks for the child or damages the potential for the collection
of evidence.
Any welfare and child protection records will be passed on to the next school if
the designated person believes they still constitute a concern. If their professional
judgment is that the records do not constitute a concern they should be shredded
when the child leaves.
Any formal records of child protection groups or meetings will be held by the
safeguarding team and they will take responsibility for the appropriate storage of
these records.
If a concern is current when the child/ young person leaves full time education,
school records should be sent to the archiving facility at Newhaven. Contact
01273 336440 or newhaven.ro@eastsussex.gov.uk
Training
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All members of staff will receive child protection training as part of their
induction. This will be updated every 3 years by the designated person for
child protection.
All volunteers and short term or supply staff will be informed of their
responsibility to safeguard children and the name of the designated
person
The governors have a lead member for child protection: Mrs Wai-Fan
Clarke and she will undertake training, and monitor child protection
training and training records with the designated person for Child
Protection and headteacher.
The designated person undertakes roles and responsibilities (single
agency) training and Local Safeguarding Children Board (LSCB)
interagency training at a minimum every 2 years. The deputy child
protection person will also undertake the training.
The headteacher will attend roles and responsibility training every 3 years
and other safeguarding training as appropriate. If they are not the
designated person, they will also be included in the school based child
protection training.
Every member of school staff is asked to complete a disclosure form with
reference to the ‘Disqualification under the Childcare Act 2006 / Childcare
(Disqualification) Regulations 2009, each September.
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Confidentiality
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All members of St Mary Magdalen’s are entitled to privacy. In general
confidential information about children, families or others within the school
should be kept confidential and privacy respected.
Where there are concerns that a child is suffering or likely to suffer
significant harm, information must be shared with the designated person in
the first instance and may subsequently be shared with the safeguarding
team and the police.
Where staff or other adults in school have concerns, either due to what
they have seen or heard or in relation to a direct disclosure by a child, they
cannot keep that information confidential and the child must not be given
false guarantees that this is possible. It must be shared with the
designated person in the interests of safeguarding that child.
Other staff may need to be alerted to concerns about a child or young
person, possibly in order to monitor the concern or to gather further
evidence prior to a referral being made, or to assist in providing
appropriate support to a child or young person after a referral has been
made.
Information should only be shared on a strict need to know basis.
Allegations against staff
We believe that all members of the school community are entitled to receive care
and protection from harm. We will not accept inappropriate behaviour towards
pupils or staff, and will ensure that any concerns or allegations of impropriety are
dealt with quickly, fairly and sensitively.
In the event that an allegation of abuse is made against a member of staff or
other adult in school, the headteacher will seek advice from the Local Authority
Designated Officer (LADO) and will agree the procedure to be followed. If an
allegation is made against the headteacher the Chair of Governors will seek
advice from the LADO and agree the procedure to be followed.
Any staff disclosing information regarding inappropriate behaviour by colleagues
will be listened to and supported.
Parents of a child allegedly abused by a member of staff or other adult in the
school will be kept informed of the progress and outcome of any investigation.
Any member of staff facing investigation into an allegation of abuse will be
subject to the procedures laid down by the joint Department for Children,
Families and Schools / National Employers Organisation for School Teachers
(DCSFS/NEOST) guidance and will be offered appropriate access to professional
and personal support networks, and, will be kept informed of the progress and
outcome of any investigation.
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Working with outside agencies
We recognise the authority of the LSCB and are committed to working in
partnership with the CYPT and the police.
We are happy to comply with the procedures prescribed by the Pan – Sussex
child protection procedures and will be proactive in working together to safeguard
children. We will share through the designated person, appropriate information
with investigating teams, and contribute to child protection conferences, core
groups and care plans.
Any incident requiring advice from, or referral to, safeguarding teams and arising
out of normal hours will be referred directly to the emergency/out of hours team
or failing that directly to the police child protection team.
Links to other policies
We will develop and evaluate all school policies with a view to safeguarding and
promoting the welfare of all our pupils. We will take account of the principles
outlined in this policy and ensure that all other policies and procedures support
the protection of children from harm or neglect, in particular through:
 Recruitment and selection policy - to ensure suitable staff are appointed;
 Anti bullying policy - to ensure physical and emotional security for all our
 pupils and staff;
 Attendance and welfare policies - to ensure absence is followed up
 quickly and vulnerable children are supported appropriately;
 Discipline and restraint policy - to ensure that appropriate rules and
 boundaries are in place and to be clear about the sanctions which apply;
 Pastoral care policy - to ensure that children are supported and
 empowered to learn and able to thrive; and
 Curriculum policy: to assist children in understanding what is and is not
 acceptable behaviour towards them and staying safe.
We will ensure that throughout our other policies we are positively safeguarding
and promoting the welfare of children and contributing to the child protection
process appropriately in all areas of our practice.
Special Circumstances
Recruitment
The senior management team will ensure in keeping with the recommendations
of the Bichard Inquiry, that our recruitment and selection policy is robust in
following up references, DBS checks and career gaps and fulfills the
requirements of the Independent Safeguarding Authority ISA) . At least one
member of the selection panel will have undertaken appropriate training to
ensure that interviews to appoint staff reflect the importance of safeguarding
children.
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Induction
All staff, including supply staff, on site contractors, support services and
volunteers working in the school will be given induction information regarding this
policy and will fulfill ISA requirements.
Particularly vulnerable children
We recognise that for a number of reasons, children with special needs are more
vulnerable to abuse, and may be less able to tell people about abuse happening
to them. For these reasons, it is essential that rigorous child protection
procedures are in place, especially with regard to recruitment, checks on
volunteers and paid workers, whistle blowing policies, and having clear
guidelines setting out acceptable behaviour by those working with children
with disabilities. Support for children for whom English is an additional language
and children in care may also require extra consideration.
Trips away from home
We believe that educational and field trips enhance the learning experience
available to our pupils. In order to ensure the children are kept safe when taking
trips away from home, we will ensure our policies and procedures take account
of:
• Health and safety procedures;
• Ensuring children know how to behave, e.g. through a behaviour policy;
• Getting written consent from parents and, if necessary, holding a meeting
for parents to give them a briefing on the outing;
• Asking parents about any special needs or requirements for their children;
• Ensuring the accommodation is suitable; and
• Having a person trained in first aid and suitable equipment.
Capital programme
We will ensure that during the progress of any building or other on site works,
contractors will be issued with relevant child protection information. This will
include our expectation of their conduct whilst on site.
Images of children, such as recording school events and school brochures
We believe that images of children are an important record of school life and
achievements.
We have a procedure for the use of images of children which is reinforced at
school events. This procedure is reviewed annually and cross checked with the
guidance on safeguarding children.
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Guidelines for self protection
1 In the event of you causing any injury to a child, accidental or otherwise, ensure
that it is recorded and witnessed by another adult.
2 Keep records of any false allegations a child makes against you. This should
include everything from: ‘you’re always picking on me’, to ‘you hit me’, or
comments such as ‘don’t touch me’.
3 Ask another adult to witness allegations, if possible. Take the child to the
headteacher and explain what happened. A record of that meeting should also
be kept.
4 If a child touches you in an inappropriate place, record what happened and
ensure that another adult also knows. As it could be a totally innocent touch, do
not make the child feel like a criminal. However, remember that ignoring this or
allowing it to go on may place you in an untenable situation. Neither is it a good
idea for the child to go on doing this as the next person might take advantage
and then say the child instigated it.
5 On school journeys, always have two members of staff present. If it is an
overnight trip, always check the rooms in pairs.
6 Do not place yourself in a situation where you are spending excessive amounts
of time alone with one student away from other people. If you are talking to a
pupil in private, ensure that the door to the room is open.
7 If you are in a residential setting, never, under any circumstances, take a child
or children into your bedroom.
8 Never take children in your car alone.
9 If you are in a care situation with children with special needs, have another
person present when changing nappies or clothing, or bathing a child.
11 Never do something of a personal nature for children that they can do
themselves. This includes cleaning bottoms, unbuttoning trouser buttons, or any
activity that could be misconstrued.
12 Do not go into the toilet alone with children.
13 Be mindful of how / where you touch children. Never pat a child on the bottom.
14 Be careful of extended hugs and affection from children. Though we want to
give love and attention to children, this guideline is important not only for our
protection but for the children as well.
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15 When taking children on an outing, think of how you appear to the public when
dealing with the children. In one country a special needs teacher was reported for
‘abusing’ a child by a member of the public who misunderstood her actions. This
could apply to anyone taking out a group of children. It may mean that disruptive
children cannot go on outings.
16 Never keep suspicions of abuse by a colleague to yourself. If there is an
attempted cover-up, you could be implicated by your silence. ‘Why didn’t s/he
tell. Something to hide?’
Monitoring the Policy
To ensure this policy is effective it will be monitored in the following ways:
 Termly review of the central records by DP (includes Central Record, CP
reports, following up of actions taken in an investigation, training needs
etc)
 Annual Policy Review to be carried out in the Autumn Term by members
of the full governing body.
If monitoring highlights any areas of concern the school will plan strategies to
overcome these.
Signed ........................................ (Headteacher)
Date ...................
Signed ........................................ (Governor)
Date ...................
Local Agency contact numbers:
LEA Lead Officer
01273 293760 / 295643
Social Care
01273 295555
Police
0845 6070999
Further reading:
Working Together to Safeguard Children (DFES 2006)
The Children Act 1989
The Assessment Framework (DOH, DFES, HO 2000)
What to do if you are worried a child is being abused (DOH, DFES, HO 2006)
DfES Circular Safeguarding Children and Safer Recruitment in Education
(22006)
LSCB Child Protection and Safeguarding Procedures (2006)
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Appendix i
CHILD PROTECTION INCIDENT / WELFARE CONCERN FORM
Pupil name
Date of birth
Year Group
Name and position of person completing form (please print)
Time and Date of incident
/concern: dd.mm.yy
Incident / concern (who what where when)
Any other relevant information (witnesses, immediate action taken)
Action taken
Reporting Staff Signature ………………………… Date
DCPP – Response / Outcome
DCPP Signature………………….. Date
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BRIGHTON & HOVE CHILDREN’S SERVICES
LOCAL SAFEGUARDING CHILDREN’S BOARD
Education Report for Initial/Review/Transfer Child Protection Conference
Date of Conference: …………………………………………….
Report of: ………………………… Designation: ……………………… School/Agency:
………………………
REPORT
Name of Child: …………………………. DOB: ………………… Address: ………………………………
………………………………..
Parents/Guardians: …………………………………
Telephone: ……………………….…
…………………………………
Mobile: …………………………………
Date Entered School: …………………………………. Recent Changes of School (& Dates) ………………
………………………………………………………
School Attendance: Patterns/Punctuality
Presentation:
Behaviour/Attitudes/Relationships in School (including significant changes):
Performance/Academic Achievement (including significant changes):
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Home/School Links:
Known Involvement of other Agencies:
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Appendix D
This is a chance for you to say what you feel about your school and learning, and any help
you think you need. The aim of this report is to tell teachers, parents and other people
concerned about your views and ideas. Please fill in as much as you can and leave out any
parts you like. There are no right or wrong answers!
What do you like about school?
…………………………………………………………………………………………………………………………………………………………………………
…………………………………………………………………………………………………………………………………………………………………………
What don’t you like about school?
……………………………………………………………………………………………………………………………………………………………………….
…………………………………………………………………………………………………………………………………………………………………………
Do you have friends at school? In your class?
…………………………………………………………………………………………………………………………………………………………………………
…………………………………………………………………………………………………………………………………………………………………………
Who are your special friends?
…………………………………………………………………………………………………………………………………………………………………………
…………………………………………………………………………………………………………………………………………………………………………
What do you and your friends do at playtimes?
…………………………………………………………………………………………………………………………………………………………………………
…………………………………………………………………………………………………………………………………………………………………………
Do you have problems with any of the children in school? What sort of
problems do you have?
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…………………………………………………………………………………………………………………………………………………………………………
…………………………………………………………………………………………………………………………………………………………………………
more on the other side……..
What lessons do you like or find easy?
…………………………………………………………………………………………………………………………………………………………………………
…………………………………………………………………………………………………………………………………………………………………………
What lessons don’t you like or find hard?
…………………………………………………………………………………………………………………………………………………………………………
…………………………………………………………………………………………………………………………………………………………………………
Does someone help you with the work when you find it hard? If so how do
they help you?
…………………………………………………………………………………………………………………………………………………………………………
…………………………………………………………………………………………………………………………………………………………………………
What makes you feel happy?
…………………………………………………………………………………………………………………………………………………………………………
…………………………………………………………………………………………………………………………………………………………………………
What makes you feel sad?
…………………………………………………………………………………………………………………………………………………………………………
…………………………………………………………………………………………………………………………………………………………………………
Is there anything else that you would like to add?
…………………………………………………………………………………………………………………………………………………………………………
…………………………………………………………………………………………………………………………………………………………………………
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…………………………………………………………………………………………………………………………………………………………………………
…………………………………………………………………………………………………………………………………………………………………………
…………………………………………………………………………………………………………………………………………………………………………
…………………………………………………………………………………………………………………………………………………………………………
Thanks 
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St Mary Magdalen’s Primary School
17th July 2015
Dear colleague
New DfE Statutory Guidance – ‘Disqualification under the Childcare Act 2006’ issued Feb 2015
The DfE published the above revised guidance on 26 February 2015 and have required our school to comply with
these latest safeguarding arrangements. The full DfE statutory guidance document can be found in the school office,
staff room, on the school intranet or at:
https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/407788/disqual_statguidance_Feb_15.pdf
Under this guidance, staff members working with children in nursery or reception classes must disclose
immediately if they, or anyone living in the same household as them, would be disqualified from working
with children under the Childcare Act 2006 and the Childcare (Disqualification) Regulations 2009. This also
applies to staff working in breakfast and afterschool clubs with under 8s and anyone directly concerned with
the management of such childcare in either setting.
We are obliged to inform all relevant staff of the Disqualification arrangements and to obtain assurances that staff are
not disqualified from working with children under these arrangements. In accordance with LA advice on
implementation, we have asked you to sign the declaration at the bottom of this letter to confirm that you are not
disqualified under these rules. Details on the disqualification criteria can be found in the full guidance referred to
above but a summary sheet has also been included with this letter. .
If you are concerned that either you, or anyone living in your household, may be affected by these rules please come
and talk to me as soon as possible, and certainly within 5 working days of this letter. You may want to read further
clarification in the attached guidance or consult your trade union if you are unsure as to whether the disqualification
rules may be applied to you directly or ‘by association’.
Thank you for your co-operation in this matter.
Yours sincerely
Mrs H Eady
Headteacher
Attachment included: Summary of DFE Disqualification Criteria, Offences and Orders
------------------------------------------------------------------------------------------------------------------------------------------Name:
Post:
(please delete as appropriate)
I confirm that I have read and understood the DfE statutory guidance referred to above and that I
am not disqualified under the regulations (including the disqualification by association guidance). I
also agreed to update the Headteacher if my circumstances change in relation to the above.
or
I am unsure on whether the DfE rules on Disqualification apply and have arranged to meet the
head to discuss further.
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Signed:
Safeguarding/Child Protection Sept 2015
Date:
PLEASE RETURN THE WHOLE LETTER INTACT TO THE HEADTEACHER (take a copy if you wish)
Short Summary List of Disqualification Criteria and Relevant Offences/Orders taken from the full DfE
Statutory Guidance – Disqualification under the Childcare Act 2006 issued on 26 February 2015
Disqualification criteria (extract from Para 2/3 - page 5/6 of DfE guidance)
The criteria for disqualification under the 2006 Childcare Act and 2009 Regulations include those set out in the list
below:
a) inclusion on the Disclosure and Barring Service (DBS) Children’s Barred List;
b) being found to have committed certain violent and sexual criminal offences against children and adults which
are referred to in regulation 4 and Schedules 2 and 3 of the 2009 Regulations (note that regulation 4 also
refers to offences that are listed in other pieces of legislation);
c) certain orders made in relation to the care of children which are referred to in regulation 4 and listed at
Schedule 1 of the 2009 Regulations;
d) refusal or cancellation of registration relating to childcare,3 or children’s homes, or being prohibited from
private fostering4, as specified in Schedule 1 of the 2009 Regulations;
e) living in the same household where another person who is disqualified lives or is employed (disqualification
‘by association’) as specified in regulation 9 of the 2009 Regulations; *
f)
being found to have committed an offence overseas which would constitute an offence regarding
disqualification under the 2009 Regulations if it had been done in any part of the United Kingdom.
Relevant Offences (from Para 4/5 – page 6)
Under the legislation a person is disqualified if they are ‘found to have committed’ an offence which is included in the
2009 Regulations (a ‘relevant offence’) this includes (a) being convicted of a relevant offence or (b) on or after 6 April
2007, being given a caution, reprimand or warning for a relevant offence.
A list of the relevant offences and orders referred to above, that lead to the disqualification of an individual (including
‘by association’) under the 2009 Regulations is set out in the tables (A & B) included within the DFE statutory
guidance (pages 13 – 45).
Summary of Offences from Table A










Any offence involving death or bodily injury to a child.
False Imprisonment
Manslaughter
Murder
Trafficking people for exploitation
Offences under the Care Standards Act 2000
Offence of abduction of child by parent, etc.
Offences relating to private fostering
Offences relating to voluntary homes and children's homes
Indecent conduct towards young child
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St Mary Magdalen’s Catholic Primary School
Safeguarding/Child Protection Sept 2015
 Kidnapping
 Shooting or attempting to shoot, or wounding with intent to do grievous bodily harm.
 Assault occasioning actual bodily harm
 Indecent photographs of children
 Abuse of position of trust
 Offences under the Sexual Offences Act 1956/67 & 2003.
Summary of Orders from Table B






An order under section 31(1)(a) of the Children Act 1989 (care order).
Any order that would have been deemed to be a care order by virtue of paragraph 15 of Schedule 14 to
the Children Act 1989 (transitional provisions for children in compulsory care).
A supervision order which imposes a residence requirement under paragraph 5 of Schedule 6 to the
Powers of Criminal Courts (Sentencing) Act 2000
A fit person order, a parental rights order
Cancellation of registration in respect of management of a children’s home.
Prohibition under fostering, child-minding or nursery service provision.
In general, school staff to whom the DfE statutory guidance on Disqualification applies will have been checked via
their DBS check on most of the criteria above, however the DBS check does not check the position relating to
childcare orders.
Members of the ‘household’ can only be asked about ‘unspent’ convictions that fall under the serious list of
convictions relevant to this childcare disqualification. This is because they are not exempt from the Rehabilitation of
Offenders act in the same way as those working in school are.
The full list of legislation is given under Tables A and B of the DfE statutory guidance which should be checked if you
are in any doubt. See:
https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/407788/disqual_statguidance_Feb_15.pdf
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St Mary Magdalen’s Catholic Primary School
Key Contacts
Safeguarding/Child Protection Sept 2015
Jo Lyons: Assistant Director - Education & Inclusion
email: jo.lyons@brighton-hove.gov.uk
Tel: 01273 293514
Deb Austin: Head of Safeguarding
email: deb.austin@brighton-hove.gcsx.gov.uk
Tel: 01273 291407 Mobile: 07826 951744
Helen Gulvin: Assistant Director of Children's Services
email: helen.gulvin@brighton-hove.gcsx.gov.uk
Tel: 01273 292804
Darrel Clews: Local Authority Designated Officer (LADO)
email: darrel.clews@brighton-hove.gcsx.gov.uk
Tel: 01273 295643 Mobile: 07795 335879
Common Assessment Framework (CAF)
Brighton & Hove Dedicated CAF line Tel: 01273 292632
email: caf@brighton-hove.gov.uk
Kenneth Simpson: Brighton & Hove HR Business Partner CYPT
email: kenneth.simpson@brighton-hove.gov.uk
Tel: 01273 291355
Jooles Miller: Brighton & Hove HR Policy and Projects Manager
email: jooles.miller@brighton-hove.gov.uk
Tel: 01273 293442
Sharon Mackenzie: School Governance and Leadership Support Manager
email: sharon.mackenzie@brighton-hove.gov.uk
Tel: 01273 293465
Schools’ Child Protection and Safeguarding Training
Schools’ Workforce Development Team
email: schools.training@brighton-hove.gov.uk
Tel: 01273 293465
Appendices
i.
A Model Child Protection(Safeguarding) Policy
http://wave.brightonhove.gov.uk/schools/Documents/Leadership%20and%20Governance%20for%20Schools/School%20L
eaders%20Guide%20and%20Appendices/Appendix%20i%20CYPT%20Model%20CP%20Policy%20F
eb%2009.doc
ii.
Single Central Record:
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St Mary Magdalen’s Catholic Primary School
Safeguarding/Child Protection Sept 2015
http://wave.brightonhove.gov.uk/schools/Documents/HR%20for%20Schools/Single%20Central%20Record%20Proforma.d
oc
iii.
Policy on the use of Physical Intervention in Schools
http://wave.brightonhove.gov.uk/schools/Documents/Leadership%20and%20Governance%20for%20Schools/School%20L
eaders%20Guide%20and%20Appendices/Appendix%20iii%20Policy%20on%20use%20of%20Physical
%20Intervention%20in%20Schools%20June%202009.doc
iv.
Areas of Responsibility for the Senior Designated Person for Safeguarding in Safeguarding Children
and Safer Recruitment in Education DES 2006 page 83
http://www.dcsf.gov.uk/everychildmatters/safeguardingandsocialcare/safeguardingchildren/workingtoge
ther/workingtogethertosafeguardchildren/
v.
A Model Job Description for the Designated Governor for Safeguarding
http://wave.brightonhove.gov.uk/schools/Documents/Leadership%20and%20Governance%20for%20Schools/School%20L
eaders%20Guide%20and%20Appendices/Appendix%20v%20BH%20Child%20Protection%20Governo
r%20suggested%20JD%20Nov%2009.doc
vi.
A Model Safer Recruitment Policy (draft)
http://wave.brightonhove.gov.uk/schools/Documents/Leadership%20and%20Governance%20for%20Schools/School%20L
eaders%20Guide%20and%20Appendices/Appendix%20vi%20A%20Model%20Safer%20Recruitment
%20Policy%20(draft).doc
vii. Safeguarding Audit Tool
http://wave.brightonhove.gov.uk/schools/Documents/Leadership%20and%20Governance%20for%20Schools/School%20L
eaders%20Guide%20and%20Appendices/Appendix%20vii%20Child%20Protection%20and%20Safegu
arding%20Self-Review%20Audit%20Tool.doc
viii. Safer Recruitment Toolkit
http://wave.brightonhove.gov.uk/schools/Documents/HR%20for%20Schools/Safer%20Recruitment%20Toolkit%20Nov%20
10.pdf
ix.
The Evaluation Schedule for Schools: the effectiveness of safeguarding
http://www.ofsted.gov.uk/Ofsted-home/Forms-and-guidance/Browse-all-by/Other/General/Evaluationschedule-of-judgements-for-schools-inspected-under-section-five-of-the-Education-Act-2005-fromSeptember-2009
x.
A Model E-Safety Policy
http://wave.brightonhove.gov.uk/schools/Documents/Leadership%20and%20Governance%20for%20Schools/School%20L
eaders%20Guide%20and%20Appendices/Appendix%20x%20A%20Model%20E-Safety%20Policy.doc
xi.
A Model CiC/LAC Policy
http://wave.brightonhove.gov.uk/schools/Documents/Leadership%20and%20Governance%20for%20Schools/School%20L
eaders%20Guide%20and%20Appendices/Appendix%20xi%20School%20policy%20guidance%20for%
20CiC%20including%20Virtual%20Head%20information%20Oct%2010.doc
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St Mary Magdalen’s Catholic Primary School
Safeguarding/Child Protection Sept 2015
xii. Brighton & Hove Whistle Blowing Policy
http://wave.brightonhove.gov.uk/schools/Documents/HR%20for%20Schools/Whistleblowing%20Policy.doc
xiii. Brighton & Hove Safe Internet Policy
http://wave.brightonhove.gov.uk/schools/Documents/Leadership%20and%20Governance%20for%20Schools/School%20L
eaders%20Guide%20and%20Appendices/Appendix%20xiii%20BHCC%20Internet%20Use%20Policy
%20vers1%200%20Jan%202010.doc
xiv. Managing Allegations against Staff Flowchart
http://wave.brightonhove.gov.uk/schools/Documents/Leadership%20and%20Governance%20for%20Schools/School%20L
eaders%20Guide%20and%20Appendices/Appendix%20xiv%20%20Managing%20Allegations%20Against%20Staff%20Flowchart.doc
xv. Retention Guidelines for Schools
http://wave.brightonhove.gov.uk/schools/Documents/Leadership%20and%20Governance%20for%20Schools/School%20L
eaders%20Guide%20and%20Appendices/Appendix%20xv%20Retention%20Guidelines%20for%20Sc
hools%20Version%203%201%20Extract.doc
xvi. Extended Services In and Around Safeguarding Children & Young People
http://wave.brightonhove.gov.uk/schools/Documents/Leadership%20and%20Governance%20for%20Schools/School%20L
eaders%20Guide%20and%20Appendices/Appendix%20xvi%20%20Extended%20Services%20In%20and%20Around%20Schools%20Safeguarding%20Children%20
%20Young%20People.doc
xvii. Model Schools Letting Policy (draft)
http://wave.brightonhove.gov.uk/schools/Documents/Leadership%20and%20Governance%20for%20Schools/School%20L
eaders%20Guide%20and%20Appendices/Appendix%20xvii%20A%20Model%20Schools%20Lettings
%20Policy.doc
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