CHILD PROTECTION POLICY AND PROCEDURES
1. LEGAL FRAMEWORK AND GUIDANCE
A number of statutory provisions, duties and guidance apply with regard to safeguarding and protecting children from harm. This policy and these procedures have been developed in accordance with, and with regard to, this legislation and guidance, the most important of which are:
1.1 LEGISLATION:
- Section 17 of the Children Act 1989, which puts a duty on local authorities to safeguard and promote the welfare of children within their area who are in need and to provide a range and level of services appropriate to those children’s needs.
- Section 27 of the Children Act 1989 requires LEAs and other organisations to assist in the exercise of functions, including those under Section 47.
- Section 47 of the Children Act 1989 requires local authorities to make enquiries if they have reasonable cause to suspect a child in their area is suffering, or is likely to suffer, significant harm, and LEAs and other organisations to assist them with those enquiries if asked to do so.
- Section 11 of the Children Act 2004
N.B. Significant harm is the threshold which justifies compulsory intervention in family life in the best interests of the child.
Under s31 of the Children Act 1989 as amended by the Adoption and Children Act 2002 -
- ’harm’ means the ill-treatment or the impairment of health or development, including impairment suffered from seeing or hearing the impairment of others
- ‘development’ means physical, intellectual, emotional, social or behavioural development;
- ‘health’ means physical or mental health
- ‘ill-treatment’ includes sexual abuse and forms of ill-treatment which are not physical
Under s31(10) of the Act where there is a question of whether harm suffered by a child is significant turns on the child’s health and development, his health and and development shall be compared with that which could be reasonably expected of another child.
- Section 175 of the Education Act 2002 requires LA’s and the governing bodies of maintained schools and further education institutions to make arrangements to ensure that their functions are carried out with a view to safeguarding and promoting the welfare of children. In addition, these bodies must have regard to any guidance issued by the Secretary of state in considering what arrangements they need to make for that purpose of the section.
- Section 157 of the Education Act 2002 and the Education (Independent Schools Standards) (England) Regulations 2003 require proprietors of independent schools to have arrangements to safeguard and promote the welfare of children who are pupils at the school.
- The Non Maintained Special Schools Regulations 1999 require the governing bodies of non-maintained special schools to make arrangements for safeguarding and promoting the health, safety and welfare of pupils at the school as approved by the Secretary of State.
1.2 GUIDANCE:
- Working Together to Safeguard Children – a guide to inter-agency working to safeguard and promote the welfare of children. (HM Government 2006)
- Framework for the Assessment of Children in Need and their Families – a systematic way of analysing, understanding and recording what is happening to children and young people within their families and the wider community. (Dept of Health/DfES/Home Office 2000)
- What To Do If You’re Worried A Child Is Being Abused – practice guidance to assist practitioners to work together to promote children’s welfare and safeguard them from harm.(Dept of Health publications 2003)
- Safeguarding Children in Education – guidance on the duties of LA’s, all schools and FE institutions under Section 175 of the Education Act 2002. (DfES 2004)
- Joint NEOST/Teacher Union Guidance on Education Staff and Child Protection: Staff Facing an Allegation of Abuse – guidelines on practice and procedures (Sept 2002)
- Safeguarding Children and Safer Recruitment in Education (DfES 2006)
- Guidance on Safer Working Practices – DSCF 2007
- South West shared Child Protection Procedures – www.swcpp.org.uk
In addition, regard has been taken of the recommendations made in the Laming Report and the Bichard Inquiry, where they relate to education and multi-agency working.
2. GENERAL PRINCIPLES
“Everyone in the education service shares an objective to help keep children and young people safe by contributing to:
- Providing a safe environment for children and young people to learn in education settings; and
- Identifying children and young people who are suffering or likely to suffer significant harm, and taking appropriate action with the aim of making sure they are kept safe both home and at school”
(Safeguarding Children in Education 2004)
2.1 These child protection procedures apply to:
- all schools in Bath & North East Somerset ;
- the Education Service (as a part of the Children’s Service), which provides services to LEA maintained schools;
- other educational settings in Bath and North East Somerset where children and young people are placed by the Local Authority. (N.B. Further Education institutions’ statutory duties apply only to young people under the age of 18. The responsibilities of the governing bodies and principals of FE institutions are similar to those of governors and head teachers of maintained schools.)
They should be understood by all staff, and implemented when an individual child or young person is thought to be in need of protection. Their use is not subject to discretion.
2.2 The roles and responsibilities of Independent Schools in relation to child protection issues are the same as those of any other school. Channels of communication should be established with Social Care and the LSCB (Local Safeguarding Children Board), who offer the same level of support and advice to Independent Schools in matters of child protection as they do to maintained schools. Advice may also be sought from the LA Lead Officer for Child Protection – the Integrated Safeguarding Officer. Independent schools’ child protection policies and procedures should comply with LSCB procedures and reflect these LA procedures where they apply in context.
2.3 All staff should be alert to signs of abuse and neglect, and know to whom they should report concerns or suspicions. Through day-to-day contact with pupils, and direct work with families, education staff have a crucial role to play in noticing indicators of possible abuse or neglect and are well-placed to give a view on the impact of intervention on the child’s care or development.
2.4 All staff and governors in schools and other education providers and relevant education support services should keep themselves updated on child protection issues and safeguarding procedures by accessing training, up-to-date advice and guidance. New staff and governors should receive training as part of their induction programme. All staff, whether temporary, permanent or peripatetic, and volunteers who work with children should be given a written statement about the school’s policy and procedures and the name of the designated person when they start work in a new establishment.
2.5 All schools and other education providers should create and maintain a safe environment for children and should be able to manage situations where there are child welfare concerns. This should include, for example, having an effective whole-school policy against bullying, a policy/guidance on the use of force to control or restrain pupils, guidance on internet safety and safe recruitment practice.
2.6 Schools and other education providers should enable all pupils to feel confident and able to express themselves on matters of personal health and welfare and to be listened to. Consideration must be given to how children with disabilities who cannot articulate for themselves are enabled to do this. In schools where physical contact is a necessary part of teaching some SEN pupils (e.g. those with profound or multiple learning difficulties or visual impairment), clear guidelines for staff should be developed which maintain a balance between providing support, preventing abuse.
2.7 All senior managers and governors have a responsibility to ensure that professional behaviour applies to relationships between staff and pupils, that all staff are clear about what constitutes appropriate behaviour and professional boundaries, and that those boundaries are maintained with the sensitive support and supervision required. It is unnecessary and unrealistic to suggest that teachers or other staff should touch pupils only in emergencies. Particularly with younger children, touching them is inevitable and can give welcome reassurance. However, it must be borne in mind that even perfectly innocent actions can sometimes be misconstrued. It is important that staff are sensitive to a child's reaction to physical contact and act appropriately. It is also important not to touch pupils, however casually, in ways or on parts of the body that might be considered indecent. From time to time it is advisable for all staff to reappraise their teaching or practice styles, relationships with pupils and their manner and approach to individual pupils to ensure that they give no grounds for any doubts in the minds of colleagues, pupils or parents.
2.8 All schools and the Children’s (Education) Service should help parents understand their responsibility for the welfare of their children. Parents are to be made aware of the school’s child protection policy and the fact that this may, where appropriate, require cases to be referred to the investigative agencies in the interest of safeguarding the child.
2.9 Schools can and should play a part in the prevention of child abuse through the curriculum. PHSE courses can help children and young people develop more realistic attitudes towards the responsibilities of adult life, including parenthood and parenting. Children and young people can be taught about the risks of abuse or harm and be equipped with the skills needed to help them stay safe.
2.10 Child protection raises issues of confidentiality which should be clearly understood by all staff. Procedures for sharing and receiving information should be followed by all staff. (See Information Sharing protocols) Good record keeping is essential. (See Record Keeping guidance). Child protection records should be kept secure and separate from the child’s school file. Notes of any Child Protection conferences or Core Group Meetings should be destroyed when a child is no longer subject of a Child Protection Plan, but a record must be kept on file of the dates the child was either on the Child Protection Register (phased out nationally on 1st April 2006) OR when they were subject of a Child Protection Plan. (See pro-forma in Appendix 2) Social Care keeps a record on their Integrated Children System ( ICS) of children subject of a Child Protection Plan and can provide advice and information regarding any child that there may be concerns about, as appropriate. If a child transfers from one school to another whilst subject of a Child Protection Plan, all existing child protection records should be forwarded to the new school’s head teacher without delay.
3. ROLES AND RESPONSIBILITIES: SCHOOLS
3.3 GOVERNORS have the responsibility for ensuring that there is a school Child Protection Policy and Procedures in place and that that they:
- are in accordance with LSCB policy and LA guidance
- include procedures for dealing with allegations against staff and volunteers ( please refer to the new guidance on managing Allegations either in Working Together or on the South West shared Child Protection Procedures www.swcpp.org.uk)
- they monitor the school’s compliance with them;
- they are reviewed annually.
- a senior member of the school’s leadership team is designated to take lead responsibility for dealing with child protection issues, including providing advice and support, and liaising with the LEA and other agencies. Also that this person is child protection trained and receives refresher training at least every 2 years, including LSCB inter-agency training;
- a member of the governing body is nominated to take the lead in safeguarding matters on behalf of the governing body and be responsible for liaising with the Head teacher/Designated Person and with the LA and/or partner agencies with regard to:-
- remedying any deficiencies or weaknesses in child protection arrangements in the school;
- allegations made against a head teacher and any subsequent disciplinary action against them following on from a child protection investigation that does not involve criminal action ( see managing allegations guidance),
- an investigation of any complaint of non-compliance with child protection procedures; the named governor for child protection has received training appropriate to this role;
- the head teacher and all other staff who come into contact with children receive appropriate training at least every 3 years.
- the school operates safe recruitment procedures, and ensure that at least one governor and the HT are trained in Safer Recruitment, as per the national Guidance including ensuring appropriate and rigorous checks are carried out on all new staff and volunteers and that they are provided with information on the school’s child protection policy and procedures, the name of designated person etc when they start work in the school;
- appropriate safeguarding policies and procedures are adhered to when school premises are used by others during and outside school hours, where the governing body controls the use of premises, as outlined in the new Vetting and Barring Scheme ( please refer to the guidance attached)
- The LA is informed annually about how the above duties have been discharged.
3.3 (i) Governors do not have a role in individual cases or a right to know details of cases. The only exception to this is when individual governors are officially involved in cases that fulfil the requirements of allegations against those who work with children. The Chair of Governors (or other appropriate governor), supported by the Senior Manager in the Local Authority (HR) will undertake investigations of allegations against the Head Teacher as agreed by the Local Authority Designated Officer, and following on from a strategy discussion, where necessary and appropriate (please refer to the Managing Allegations Guidance on the South West Shared Child Protection Procedures www.swcpp.org.uk)
3.3 (ii) Individual governors may be approached by parents or members of the public to discuss children, staff and/or other parents who are members of the school community. These discussions, particularly where they relate to confidential, personal or child protection concerns or allegations should always be re-directed to the head teacher or designated member of staff, or referred direct to Social Care, in accordance with LSCB procedures, if a child is at immediate risk of significant harm.
3.4 HEAD TEACHERS should ensure that:-
- the policies and procedures adopted by the governing body are fully implemented and followed by all staff;
- procedures are in place for handling cases of suspected abuse (including allegations against teachers) which are in accordance with LSCB policy and procedures and are available to all staff for reference;
- a designated senior member of staff is appointed to co-ordinate action within the school and that sufficient resources are allocated to allow the designated person to discharge their responsibilities, including taking part in strategy discussions, child protection conferences and other inter-agency meetings. The designated person need not be a teacher, but must have the status and authority to carry out the duties of the post. A deputy designated member of staff should be identified to take on the role in the absence of the designated person. In large establishments, or those with a large number of child protection concerns, it may be necessary to have a permanent deputy or a number of deputy designated people to deal with the workload;
- the designated person receives appropriate training and support,
- all staff (teachers, non teaching staff and adult volunteers working the school) are aware of the child protection procedures, are alert to signs of possible abuse, and know to whom to report any concerns or suspicions;
- all staff and volunteers feel able to raise concerns about poor or unsafe practice in accordance with agreed whistle blowing policies;
- parents are aware of the school’s Child Protection Policy and Procedures;
- immediate action is taken to protect children where appropriate. e.g. emergency medical attention, removing alleged perpetrator, ensuring the child is kept safe;
- parents/carers are informed and supported throughout any child protection process, in accordance with good practice/communication guidelines (pending);
- relevant members of staff are supported and kept informed, in accordance with good practice/communication guidelines (pending);
- the school co-operates with the investigation of allegations by participating in Strategy Meetings and acting in accordance with their agreed actions.
N.B. Schools/head teachers do not have a direct investigative responsibility in relation to seeking to ensure child protection. The responsibility for investigating suspected cases of abuse of pupils lies with Social Care and the Police.
- the school is involved with any inter-agency child protection plan that is put in place and provides appropriate support for the child;
- when a child changes school, complete school records are sent promptly to the receiving school;
- concerns about any aspect of a child leaving or changing school, which give rise to concern about a child’s welfare, or that a child may have "disappeared", are reported to the school’s Children Missing Education Officer. For further guidance see – Removing Pupils From the School Roll – (CMES)
- appropriate checks are made on all new staff and on any volunteers who may have access to children, prior to them taking up post, as per Safer Recruitment and Vetting and Barring Guidance.
3.5 The DESIGNATED PERSON has specific responsibility for the co-ordination of child protection procedures within the school and for liaison with Social Care, the LA Lead Officer and other agencies, e.g. Police, Health Service, Children Missing Education Service.
- The Designated Person must have appropriate CP training, the minimum expected is the Introduction to Child Protection ½ day course and the 2 day Practice and Procedures course, provided by the LSCB at no charge, followed by update CP training at a minimum of every 2 years. .
- This will include:
- how to identify the signs and symptoms of abuse and how and when to make a referral;
- the LSCB/LA procedures and the Designated Person’s role within them;
- the role and responsibilities of the investigating agencies and how to liaise with them;
- the requirements of record keeping and information sharing;
- the conduct of a child protection conference and how the Designated Teacher or another member of staff can make an appropriate contribution to it, i.e. ensuring that a written report is always submitted, that a school representative attends the case conference whenever possible, and that a staff member participates as a member of a Core Group where appropriate;
- the role and responsibilities of schools in contributing to the assessment of children in need.
- In addition, the Designated Person should:
- ensure each member of staff has access to and understands the school’s child protection policy, especially new or part-time staff who may work with different educational establishments;
- ensure all new staff have induction training covering child protection and are able to recognise and report any concerns immediately they arise;
- keep a record of staff attendance on child protection training;
- be able to keep detailed, accurate secure written of referrals/concerns records and ensure all relevant information about a child is disseminated to appropriate staff within the school only on a need-to-know basis and with regard to the child’s/family’s rights to confidentiality;
- when a child changes school, ensure their child protection file is copied for the new school/education provider and sent promptly but transferred separately form the main pupils file;
- ensure that the attendance, welfare and development of children are subject of a Child Protection Plan are monitored and inform the child’s social worker, promptly, of any cause for concern;
- when a child is no longer subject of a Child Protection Plan, destroy all notes of child protection conferences and core group meetings pertaining to that child. Keep a basic record on file of the period the time the child was subject of a Child Protection Plan, the category of abuse and date the child ceased to be subject of a Child Protection Plan
- liaise with the SENCO to identify pupils with special educational needs and their communication needs, where appropriate;
- ensure the child is appropriately supported.
- liaise with the head teacher (where this role is not carried out by the head teacher) to inform him/her of any issues and ongoing investigations and ensure there is always cover for the designated person role.
Child Protection Forums
Designated Staff can also attend the CP Forums run by the Integrated safeguarding Officer in each LAP, approximately 3 times a year. These Forums provide useful updates on safeguarding practice and guidance, and offers the opportunity to network with other designated staff, discuss common themes and issues and find out more about related services in other agencies. The CP Forum Web page is available on the Intranet public site, under ‘L’ for Local Safeguarding Children Board.
3.6 ALL STAFF AND VOLUNTEERS should:
- be aware of their child protection responsibilities and the school’s/education provider’s procedures for dealing with and referring concerns, disclosures and allegations;
- From October 2009 begin to be registered with the Independent Safeguarding Authority as suitable to work with children ( see guidance attached)
- know who the Designated Person for child protection is;
- know who to take their concerns to if the designated person is absent;
- be familiar with the school’s policies on physical contact with pupils, the use of reasonable force to restrain pupils, bullying etc and exercise professional judgement and maintain appropriate boundaries in their dealings with pupils;
- attend an appropriate level of child protection training for their role and update this as recommended or necessary.
3.7 ROLES AND RESPONSIBILITIES: THE LOCAL AUTHORITY, Learning and Inclusion Service
3.8 The LA LEAD OFFICER FOR CHILD PROTECTION is:
Nicola Bennett, Integrated Safeguarding Officer, Children’s Service
Tel: 01225 396974; Fax 01225 394296;
E-mail Nicola_bennett@bathnes.gov.uk
The Lead Officer has responsibility for:-
- co-ordinating policy and delivering on responsibilities for child protection across the schools maintained by the authority and within the Education Service,
- providing advice, guidance and support to schools and Education Service staff on child protection matters, including procedures, referrals, specific circumstances of abuse, legislation and guidance;
- Acting as the Local Authority Designated Officer (LADO) in the management of allegations made against members of staff or volunteers;
- the development and maintenance of supportive and effective partnerships and working relationships within and between agencies;
- establishing links with non-LA education providers, including independent schools and FE colleges;
- ensuring that appropriate training opportunities are provided for education staff and monitoring attendance on training courses;
- representing the LA at inter-agency child protection committees and at a national level;
- promoting safe and positive environments for children;
- contributing to the development and planning of single-agency and multi-agency safeguarding strategy and practice;
- monitoring and reviewing policy and practice.
3.9 The CHILDREN MISSING EDUCATION SERVICE
Children Missing Education Officers can be contacted on: 01225 394241
E-mail: children missing education service@bathnes.gov.uk
The CMES provides information, advice, guidance and training to LA maintained schools on child protection policy and procedures, including:-
- liaison with Designated Person;
- advice on general concerns about a child’s welfare, development or family circumstances;
- advice on whether a case should be formally referred;
- home-school liaison;
- child protection training/awareness-raising/updates to meet the specific needs of individual schools, groups of schools.
- contributing to the delivery of inter-agency child protection training
Children Missing Education Officers should also ensure that, as individuals, they:-
- know who, and make themselves known to, the Designated Person is in each of their allocated schools;
- are aware of children with Child Protection Plans in their allocated schools;
- make urgent home visits to see the child if there is concern about suspected abuse of a child who has failed to attend school;
- act on reports of children missing from education;
- monitor vulnerable pupils who are out of school and make referrals where appropriate;
- access appropriate and up-to-date training in relevant areas of child protection to enable them to advise schools, children and families appropriately, to contribute to assessments of need and to child protection investigations. Refresher training should be accessed, at a minimum, every 3 years;
- understand their role and responsibilities in relation to child protection conferences. A written report should be submitted in all cases of school-aged children, in accordance with service guidelines. The CMEO should attend case conferences whenever possible, but in particular when there are school attendance or welfare concerns and/or when the child or family is known to the CMES. Consideration should be given to asking a substitute CMEO to attend, if necessary;
- contribute to strategy discussions, inter-agency child protection plans, core group meetings, as appropriate;
- liaise closely with social workers and other support agencies, such as the Police and Health Service, as appropriate, in individual cases of children with child protection plans;
- ensure the social worker and other relevant support services or agencies are informed of and involved in any education planning or review meetings held for a child or children with child protection plans;
- provide advice and support to parents/carers as required;
- liaise regularly with home teachers of vulnerable children out of school;
- take heed of guidelines and legislation relating to recording and reporting information on individuals and families.
- exercise professional judgement and maintain appropriate boundaries in their dealings with pupils.
4.0 The EDUCATIONAL PSYCHOLOGY SERVICE provides a link educational psychologist (EP) to work in partnership with every Bath and North East Somerset maintained school, offering advice and support to children and young people directly, or to their parents/carers and teachers, about aspects of learning, development and behaviour including special educational needs. In addition, individual EPs have specialist knowledge or skills, including autistic spectrum disorder, sensory impairment, pre-school assessment and interventions, and individual or family therapeutic work.
In relation to work in the context of child protection, as with the majority of EP work, the main focus is on working with key adults on behalf of children and young people, although some time may be available for direct counselling.
In the course of their work with children, parents or teachers EPs may become aware or suspicious of child protection issues, or may be the recipient of disclosure by a pupil of alleged abuse. In such cases they must ensure that:-
- they understand their role and responsibilities with regard to safeguarding and protecting children from harm;
- they know who the Designated Person in the school is;
- the procedures and guidance for managing allegations or concerns described in Section 4 : Procedures for Dealing with Cases are followed;
- the school’s Designated Person or the LA Lead Officer is informed as soon as possible. This is particularly important if a school holiday is imminent;
- they take heed of guidelines and legislation relating to sharing, recording and reporting information on individuals and families (Information Sharing protocol);
- they access appropriate and up-to-date training in relevant areas of child protection work. Refresher training should be accessed, at a minimum, every 3 years.
- exercise professional judgement and maintain appropriate boundaries in their dealings with pupils.
The above also applies to Portage Home Visitors managed by the Psychology Service.
Whilst sensitivity to matters of confidentiality is important, EPs and Portage home visitors will follow guidelines relating to safe and sensible interview situations.
4.1 EARLY YEARS AND EXTENDED SERVICES In the course of their work in or with a childcare setting members of Early Years and Extended Services may become aware or suspicious of child protection issues, or may be the recipient of disclosure by a child of alleged abuse. In such cases they must ensure that:-
- they understand their role and responsibilities with regard to safeguarding and protecting children from harm;
- they know who the Designated Person in the the childcare setting is;
- they advise the childcare setting to follow their own procedures which must be in line with the procedures and guidance for managing allegations or concerns described in Section 5 : Procedures for Dealing with Cases;
- they take heed of guidelines and legislation relating to sharing, recording and reporting information on individuals and families (Information Sharing protocol);
In addition, members of Early Years and Extended Services should ensure that they:-
- access appropriate and up-to-date training in relevant areas of child protection work. Refresher training should be accessed and recorded on the central staff training database, at a minimum, every 3 years.
4.2 The HOSPITAL EDUCATION AND REINTEGRATION SERVICE Teachers may, in the course of their work with individuals or small groups of pupils, be recipients of disclosures by pupils of alleged abuse or may develop concerns or suspicions of suspected abuse. In such cases, HERS teachers must ensure that:
- they understand their role and responsibilities with regard to safeguarding and protecting children from harm;
- if this occurs in the hospital setting, the teacher must follow the hospital’s procedures.
- if this occurs in the child’s home or place of tuition, the teacher must follow the procedures and guidance described in Section 4 : Procedures for Dealing with Cases, but report to the child’s Children Missing Education Officer or the LA Lead Officer (see 3.1) rather than the Designated Person, as the child is out of school. Note must be taken of the information sharing protocol.
In addition, home teachers should ensure that they:-
- liaise regularly with the child’s CMEO and/or Social Worker if any child they are teaching has a child protection plan or is deemed to be vulnerable;
- access relevant, up to date child protection training; and
- when working on a 1-1 basis with a child with a child in his/her home or other place of tuition, ensure that another responsible adult is present in the home whilst the tuition is taking place.
Particularly when working with pupils with emotional and/or behavioural difficulties, working on a 1-1 basis in a pupil’s home may be vulnerable to accusations and allegations of inappropriate behaviour. Appropriate behaviour and professional boundaries must be maintained at all times (refer to 2.8), but, for their own protection, tutors should never agree to undertake a teaching session if there is no other adult present. If this occurs, teachers should record the fact on their weekly record sheet and report to the service co-ordinator, who will alert the CMEO if necessary.
4.3 Specialist Behaviour Support Service
The Specialist Behaviour Service works with students who exhibit social, emotional and behavioural difficulties.
Some of these children are supported in their mainstream schools by SBS staff whilst others attend The Link Special School, the Cherokee Project or the Pupil Referral Unit.
All staff employed by the SBS:-
- Understand their roles and responsibilities with regard to safeguarding and protecting children from harm.
- Know who is the Designated Child Protection Officer in the SBS.
- Understand the procedures and guidance for managing concerns and allegations.
- Undertake Child Protection Training within the SBS twice a year.
- Maintain appropriate boundaries and exercise professional judgement in their dealings with students.
In addition, The Child Protection Officer will access relevant, up to date training and maintain records of all Child Protection concerns and allegations in line with Local Safeguarding Board recommendations.
4.4 Learning Support Service
Learning Support Specialist Teachers can be contacted on: 01225 396615
email: learning_supportteam@bathnes.gov.uk
Team Manager: christine_humphrey@bathnes.gov.uk
The Learning Support Service aims to support schools in raising Literacy and Numeracy attainments and developing access to the curriculum for pupils with special educational needs.
The service provides:
- Support for pupils with learning difficulties and / or language impairment
- Support for adults working with such pupils
- Training for support staff in meeting the needs of such pupils
In the course of their work with children and young people, parents and school staff, Learning Support teachers may become aware of Child Protection issues or may be the recipient of disclosure by a pupil of alleged abuse. In such cases Learning Support Specialist teachers must ensure the school’s Designated Person or Local Authority Lead Officer is informed as soon as possible.
Additionally, Learning Support Specialist teachers must ensure that they|:
- understand their role and responsibility with regard to safeguarding and protecting children from harm
- ensure the school’s Designated Person or Local Authority Lead Officer is informed as soon as possible
- access appropriate and updated training in relevant area of child protection. Refresher training should be accessed, at a minimum, every three years
- exercise professional judgement and maintain appropriate boundaries in their dealing with pupils
4.5. The Bath and North East Somerset HR SERVICE provides advice and guidance to schools purchasing its service on the conduct of investigative work and any subsequent disciplinary action arising from allegations against a member of staff. Advice will be provided on managing the conduct of employment related actions taken by the school in the context of the child protection work of other agencies.
Contact: Hester Edmond: Senior Human Resources Consultant
Tel: 01225 394490: E-mail hester_edmond@bathnes.gov.uk
5. PROCEDURES FOR DEALING WITH CASES
5.1 EMERGENCY ACTION: Procedure in the event of a Major Injury or Serious Neglect.
- The child should be taken to the nearest hospital Accident and Emergency Department.
- The Social Care Referral and Assessment Team duty desk should be informed immediately (01225 396313/4; if out of normal working hours 01454 615165). They will be responsible for notifying the Consultant Paediatrician. (Hospital staff may already have done this, but the duty social worker must ensure that contact has been made). Every effort should be made to involve the parent/carer and to explain what is happening but in an emergency, difficulty in contacting the parent/carer should not delay seeking medical attention.
- A brief explanation of how the injury occurred should be obtained from the child and from the adult in charge of the child and this should be written down as soon as possible (recording the exact words if possible). It is possible that you may be required to give evidence in any court proceedings if they arise so you should be clear about your information.
- Make a note of the injuries as you observed them and where possible mark them on a body outline diagram. Note the time, date and the demeanour of the child and the colour and intensity of any visible marks.
- The duty social worker will immediately discuss the referral with his or her manager and one or the other will immediately contact the local Police Child Abuse Investigation Team, the relevant Health staff and other agencies, as appropriate, for an immediate strategy discussion. This strategy discussion will make decisions about:
- immediate safeguarding action
- information giving, especially to parents
- Referrers must confirm the referral to Social Care in writing within 24 hours, repeating all relevant information
SIGNIFICANT HARM
Some children are in need because they are suffering, or likely to suffer, significant harm. The Children Act 1989 introduced the concept of significant harm as the threshold which justifies compulsory intervention in family life in the best interests of children. Significant harm gives the LA’s Social Care a duty to make enquiries to decide whether they should take action to safeguard or promote the welfare of a child who is suffering or likely to suffer significant harm.
There is no absolute criterion of what constitutes significant harm. In some situations it may be quite clear that a child has suffered significant harm i.e. sexual abuse, suffocation, physical assault. In other situations it may be necessary to undertake further assessment of the child’s circumstances and consider the impact of the situation on that particular child, in terms of their health and development, and their potential to achieve in any of the 5 Outcomes. Some children live in circumstances where their health and development are neglected, where their school attendance is erratic or poor, and for them it is the corrosiveness of long term emotional, physical abuse or neglect that constitutes significant harm.
Significant harm is considered within child protection conferences when deciding if the risks to the child are significant enough to warrant a child protection plan. Significant harm is also the basis for a court making an order in respect of any child, attributable to the care provided by the parents/carers.
5.2 IDENTIFYING ABUSE (taken from Working Together 2006)
Abuse and neglect are forms of maltreatment of a child. Somebody may abuse or neglect a child by inflicting harm, or by failing to act to prevent harm. Children and young people may be abused in a family or in an institutional or community setting; by those known to them or, more rarely, by a stranger. They may be abused by an adult or adults, or another child or children.
Physical abuse may involve hitting, shaking, throwing, poisoning, burning or scalding, drowning, suffocating, or otherwise causing physical harm to a child. Physical Harm may also be caused when a parent of carer fabricates the symptoms of, or deliberately induces, ill health in a child.
Emotional abuse is the persistent emotional maltreatment of a child such as to cause severe and persistent adverse effects on the child’s emotional development. It may involve conveying to children that they are worthless or unloved, inadequate, or valued only insofar as they meet the needs of another person. It may feature age or developmentally inappropriate expectations being imposed on children. These may include interactions that are beyond the child’s developmental capability as well as overprotection and limitation of exploration, and learning or preventing the child participating in normal social interaction. It may involve serious bullying, causing children frequently to feel frightened or in danger, or the exploitation or corruption of children. Some level of emotional abuse is involved in all types of maltreatment of a child, although it may occur alone.
Sexual abuse involves forcing or enticing a child or young person to take part in sexual activities, whether or not the child is aware of what is happening. The activities may involve physical contact, including penetrative (e.g. rape, buggery or oral sex) or non-penetrative acts. They may include non-contact activities, such as involving children in looking at, or in the production of, sexual online images, or encouraging children to behave in sexually inappropriate ways.
Neglect is the persistent failure to meet a child’s basic physical and/or psychological needs, likely to result in the serious impairment of the child’s health or development. Neglect may occur during pregnancy as a result of maternal substance misuse. Once a child is born, neglect may involve a parent or carer failing to;
- provide adequate food, clothing and shelter ( including exclusion from the home or abandonment)
- protect a child from physical and emotional harm or danger
- ensure adequate supervision (including the use of inadequate care-givers)
- ensure access to appropriate medical care or treatment
It may also include neglect of, or unresponsiveness to, a child’s basic emotional needs.
Because of their day to day or regular contact with individual children, teachers and other staff in the education settings and support services are particularly well-placed to observe outward signs of abuse, changes in behaviour or failure to develop. Possible indicators of physical neglect and of emotional abuse may also be noticeable. Sexual abuse may exhibit physical or behavioural signs. These signs are not in themselves proof that abuse has occurred, but may give rise to suspicion. All staff should be alert to such signs. In some instances, a child may choose to disclose an allegation of abuse to a member of staff.
Children with special educational needs may be especially vulnerable to abuse and disabled children, in particular, are at increased risk of abuse for a number of reasons. For example: they may be especially vulnerable to bullying or intimidation; have an impaired capacity to resist or avoid abuse; have communication difficulties which may make it difficult to tell others what is happening; receive intimate personal care from a number of carers which may increase the risk of exposure to abusive behaviour and may be cared for away from home and those who would be normally able to provide appropriate safeguards. Extra care should be taken to interpret correctly apparent signs of abuse and neglect.
In all cases where abuse is suspected or a sustainable allegation is made, teachers and other members of staff should follow these procedures.
5.3 MANAGING disclosures or suspected abuse
Where teachers and other staff see signs which cause them concern, or have an disclosure or comment made to them by a child which indicates the child may be suffering or has suffered abuse made to them by a child, they should seek further information as necessary from the child with tact and sympathy.
It is not the responsibility of school or Children’s (Education) Service staff to investigate suspected or alleged abuse. Do not ask detailed questions about the alleged abuse. Do not examine or undress the child. It is important that the child is not questioned by various different staff about the concern or disclosure. Rather, the first person to whom the child speaks should then record the discussion as soon as possible after the event pass this information on to the designated staff member as soon as possible, rather than asking the child to speak to another adult in the school.
Staff must be aware that the way in which they talk to a child can have an effect on the evidence that is put forward if there are subsequent criminal proceedings. Care must be taken in asking and interpreting children’s responses to questions about indications of abuse. This applies whether the child makes a disclosure or volunteers information that amounts to a disclosure.
When children talk to adults about abuse, they want them to be supportive, trustworthy and emotionally calm. Staff should make themselves available to listen, in a suitable place, and demonstrate to the child that s/he is being taken seriously. Let him/her know that what is being said is being accepted without criticism.
Children with SEN: Where abuse is suspected, children who have difficulties in communicating must be given the chance to express themselves to a member of staff with appropriate communication skills. The same thresholds apply for all children. Cognitive and/or communication impairment should not be viewed as a barrier to dealing with abuse of these children.
This will also apply to children with limited use of English.
Confidentiality: If a child confides in a member of staff and requests that the information is kept secret, do not make promises about confidentiality. Tell the child, sensitively, that you have a responsibility to tell someone else (i.e. appropriate agencies) where there is concern that they or another child, may be being hurt. The child must be assured that the matter will be disclosed only to people who need to know about it and who can help them.
Dos and Don’ts in Managing Allegations or Concerns
DO:
1. Allow the child to talk freely - and listen uncritically.
2. Take the allegations seriously.
3. Only ask open questions, e.g. "Tell me what has happened?", "When did this happen?" - NOT "Did they do xxx to you?", "Was it xxx or xxx who did this to you?"
4. Reassure the child that s/he was right to tell you, that the alleged abuse was not their fault.
5. Make it clear that you will need to pass on what you have been told to ensure the protection of the child, in accordance with local procedures, but that it will only be disclosed to people who need to know about it.
6. Deal with the matter promptly. Any disclosure should be dealt with as a priority and any referral should not be left until the end of the day where a child may be at risk when returning home.
7. Do what you can to boost their self-esteem and self-confidence.
8. Record all discussions/observations/evidence in writing. (See guidance on Record Keeping). In the case of disclosures, a record should be made as soon as possible after the event. All should be aware that their record of events may need to be used in subsequent court proceedings.
9. Report the concerns, allegation(s) and information to the Designated Person (for staff in or linked with schools).
10. Share information only within appropriate professional contexts and in accordance with school/LSCB policy.
11. Keep child protection records securely locked.
12. Seek support if you are personally or emotionally affected by the experience.
DON’T:
1. Interrupt a child who is freely recalling significant events.
2. Ask leading questions. (These may later be interpreted as putting ideas into the child’s mind, as encouraging the child to change his/her version of events or as imposing the member of staff’s own assumptions).
3. Give undertakings of confidentiality.
4. Jump to conclusions, speculate, accuse anyone or suggest alternative explanations.
5. Examine or undress the child.
6. Collude with anyone in relation to an allegation or hold on to significant information.
7. Undertake an investigation. (This could jeopardise future investigation or enquiries carried out by Social Care or the Police and result in evidence being contaminated).
5.4 MAKING REFERRALS: SCHOOLS
- Generally a referral should only be made with parental consent. If a child appears to be at risk of significant harm consent should usually be sought before making a referral, but if consent is not given, the referral should still be made. If seeking consent might increase the risk to the child, or lead to the prevention of detection of a crime, then a referral can be made without doing so. If it is not clear whether contacting a parent will increase the risk to a child, then it is better to err on the side of caution and refer without consent. However it will be necessary to demonstrate to the Duty officer that the issues of consent have been considered.
- On receiving a report of suspected abuse or of a sustainable allegation, the Designated Person should refer every case to Social Care, as follows:
- to the Referral and Assessment Team (Tel: 01225 396313/4) This should be done immediately if urgent action is needed to protect the child; or
- if the child is an open case with an allocated social worker, to the child’s social worker direct; or
- if the referral is to be made outside normal working hours, to the Social Care Emergency Duty Team (01454 615165).
All referrals should be confirmed in writing within 48 hours, using form C2’ Referral of a Child in Need and Consent. (Appendix 1)
If the Designated Person is unsure about whether a case should be formally referred, or has a general concern about a child’s health or development, advice should be sought from one of the following:-
- Social Care Referral and Assessment Team (01225 396313/4)
- LA Lead Officer for Child Protection (01225 396974)
- Children Missing Education Office (01225 394241)
A child who is not being abused or at risk of abuse may nevertheless be "in need" of local authority services and such cases should be made known to the Social Care, using the C2 Referral Form.. Undertaking a Common Assessment would be a good way to identify with the family and child, what the areas of need are (where the child is not suffering significant harm) and the most appropriate services to address these, via the CAF Panel, based in each Local Area Partnership (LAP).If the child appears to be at risk of significant harm at any stage whist undertaking a CAF, then the assessment would need to stop and a referral made to Social care as set out in the Child Protection procedures.
Whether or not to make a referral which could activate a child protection investigation is a serious decision and will require careful judgement. Where the Designated Teacher is not the Head teacher, school policy must be clear on the way in which the Designated Person will keep the Head teacher informed of a case.
5.4 FOLLOWING REFERRAL
All referrals received by Social Care will have a decision made regarding any course of action within 24 hours. In some cases action may be taken immediately where a child is felt to be at immediate risk of harm. In others cases it may be clear that there are appropriate services that can meet the needs of the child and family and the Social Care team may refer them to another agency. In many cases, it will be necessary to gather further information to ascertain the child’s circumstances and therefore an Initial Assessment will be initiated. An Initial Assessment will include the social worker gathering information from other professionals who know the child and family, speaking to parents and seeing the child and any others, so as to be able to assess the needs of and any risks to the child.. The Initial Assessment needs to be completed within 7 working days of a decision being made about the referral, but this may be sooner, depending on the nature of the case.
- The Designated Person should be informed by Social Care of what further action they are taking following an initial assessment. However, if the Designated Person has not heard anything, then contact should be made with the Duty Officer who will be able to inform them Designated Person of any decisions that have been made.
- There may be no further action, but in the majority of cases where significant harm has been established, a strategy discussion will be arranged, which will usually be in the form of a meeting, where time allows (in the case of immediate risk, a strategy discussion may take place by telephone). The Designated Person should be informed of the timing of the strategy meeting , which will include the police Child Abuse Investigation Team (CAIT), the relevant Social Care team manager, paediatrician and any other professionals as appropriate, which will plan any investigation and any others actions that might be necessary to safeguard the child and any others.
- The Designated Person, or a member of staff who knows the child best, should be prepared to contribute to the strategy discussion by bringing to it the school’s knowledge of the child and family and information on the disclosure/allegation, e.g.
- details of the child: full name, address, D.O.B., parents’/siblings’ names, family composition etc.
- information on achievement or any special educational needs the child may have;
- evidence of social, emotional, health, family issues that are known to the school;
- any written record of the disclosure/allegation
- names of any known or possible witnesses.
- Any previous concerns regarding the child and any other, as well as strengths of the family.
The strategy discussion will draw up an agreed action plan, including inquiries under s47 of the Children Act 1989 and the school representative should be clear about his/her role in that.
- A possible outcome of a s47 inquiries is that the child in question has suffered and is likely to continue to suffer significant harm and therefore a child protection conference will be arranged, within 15 days of the Strategy, to consider the services required to address the risks and needs of that child, or other children in the family.
- The Designated Person will be invited and should make every effort to attend or send a suitable substitute (i.e. a teacher who knows the child well). The school will also be asked to submit a written report to the child protection conference that looks and the developmental needs of the child, parenting capacity and environmental factors that may be impacting on the experience of the child within their family., The report should be completed and in the format provided and each area considered as relevant to that child. It is important that as much information as possible is put into this report, both concerns and strengths, as it will form the basis for the discussions of the risks and needs of the child, and each agency report will be circulated at the conference for others to read. It is also a requirement that the contents of the report should be shared with the Parents/carers and the child wherever possible. The contents can be shared in a telephone conversation where time does not allow for a face-to-face conversation. The agency report is called - the CP5 form: Agency Report to a Child Protection Conference – and submitted 5 days prior to the conference..
5.5 MAKING REFERRALS: CHILDREN’S (EDUCATION) SERVICE
Depending on the circumstances in which Children’s (Education) Service officers or teachers acquire information or evidence of suspected abuse, referrals will be made direct to:
- Social Care Referral and Assessment Team (01225 396313/4); or
- in cases where the officer/teacher is in the school when information received, or where service procedures advise, to the school’s Designated Person, who may initiate a Social Care referral, as described above; or
- if the child is an open case with an allocated social worker, to the child’s social worker direct; or
- if the case has come to the notice of Education staff outside normal working hours, the Social Care Emergency Duty Team (01454 615165).
In many cases, the Children’s (Education) Service staff will have already discussed concerns with either the Designated Teacher or the Children Missing Education Officer and a decision will be made about whether a formal referral is necessary or appropriate and who will make the referral to Social Care.
Before making a formal referral Education Service staff must follow the principles on seeking parental consent, unless to do so would place the child at greater risk of harm. All referrals should be confirmed in writing within 48 hours, using form C2 Referral of a Child in Need to Social Care and Consent (Appendix 1).
Following referral the procedures described in 5.4 above apply, with the Designated Person’s role being taken by the referring member of the service.
In addition, members of Education support services, in particular, Children Missing Education Officers, will be invited to contribute to a child protection conference where the subject(s) of the conference are known to them.
6. PROCEDURES FOR MANAGING ALLEGATIONS OF ABUSE BY A TEACHER, HEAD TEACHER OR OTHER MEMBER OF THE SCHOOL STAFF or Volunteer
There are now new procedures for managing any allegation against any adult working with children, whether in a paid or volunteer capacity. The general guidance is detailed below.
Where an allegation is made against any member of staff, volunteer or other adult on the school premises, this must be referred to the Senior Manager (SM) for Schools, currently Hester Edmond, senior HR consultant, or in her absence another member of the HR Team. In discussions with HR there will be agreement as to whether the allegation meets the criteria for further discussion with the Local Authority Designated Officer (LADO) for further consideration.
Where in consultation with the LADO it is considered that the allegation meet the criteria of an allegation that warrants further investigation, a Strategy meeting will be arranged by the LADO with the Police, Senior Manager, Social Care manager and the Head Teacher. The Strategy meeting will consider the allegation and plan any further investigation, whether that is criminal or via the schools disciplinary procedures.
It is important that consultation takes place with the Senior Manager for managing allegations BEFORE any internal inquiries or investigation is carried out by the HT or other staff within the school. Children should not be spoken to unless and until it is agreed as part of the discussion with the Senior Manager. Any investigation or inquiries carried out before consultation may jeopardise any criminal investigation that may subsequently take place, or lead to a criminal offence going undetected, children left at risk and the adult in question under continued suspicion..
Guidance on Managing Allegations against those who work with children
Background
New Guidance relating to the management of allegations against those who work with children (in both a paid and volunteer capacity) was introduced in ‘Working Together 2006’, which sets out how various agencies and organisations work together to safeguard children. This new guidance was introduced following the Inquiry undertaken by Sir Michael Bichard into the death of Holly Wells and Jessica Chapman by Ian Huntley in Soham in 2002.
A range of recommendations were made following this Inquiry that were, amongst other things, designed to make it harder for unsuitable people to have access to children through their employment or volunteering activities, and to deal efficiently and effectively with any allegations made against those people employed or working with children and young people.
Definition of an allegation
For the purpose of this process an allegation is where an adult working with or on behalf of children has:
- Behaved in a way that has harmed, or may have harmed a child, or
- Possibly committed a criminal offence against or related to a child, or
- Behaved towards a child or children in a way that indicates unsuitability to work with children.
(This also includes behaviour in their private life which may impact on their suitability i.e. perpetrators of domestic violence, alcohol and substance misuse)
In these circumstances, or where clarity is required, a discussion with the Senior Manager will be necessary.
SENIOR MANAGER – SENIOR HR CONSULTANTS
The Senior Manager within the organisation has the overall responsibility for ensuring procedures are followed at an operational level.
The Senior Manager will be the person that schools need to discuss any allegation with in the first instance.
The Senior Manager -
- Provides advice, information and guidance to staff within the organisation, liaises with and refers allegations that meet the criteria to the Local Authority Designated Officer (LADO).
- Gather any additional information which may have bearing on the allegation e.g. previous known concerns, care and control incidents etc
- Provide the subject of the allegation with information and advise them to inform their union of professional body
- Record all discussions on the agreed Recording Form and attend strategy meetings
- Ensure that risk assessments are undertaken where and when required
- Ensure that effective reporting and recording systems are in place which allow for the tracking of allegations through to the final outcome
- Undertake appropriate checks with data the agency may hold
3. LOCAL AUTHORITY DESIGNATED OFFICER
The LADO will discuss all allegations with the Senior Manager and where necessary will assist them in establishing whether the allegation fits the criteria as set out in Working Together 2006.
The LADO should be informed of ALL allegations that come to the Senior Managers attention. The LADO and the Senior Manager will then discuss and agree next steps.
The LADO is also responsible for chairing Strategy meetings with the police, social care and Senior Manager, with other staff, normally the Head teacher, in cases where the head teacher is subject of the allegation, the Chair of Governors, to agree and plan any further investigation/action relating to the allegation.
The LADO will maintain an information database in relation to all allegations and producing quantitative and qualitative reports as required.
1. GENERAL ADVICE
- Because of their daily contact with children in a variety of situations, teachers, head teachers and others working in schools are vulnerable to accusations of abuse. Schools and the LA, therefore, need policies and procedures on the management of such situations. A teacher, head teacher or other member of staff facing an allegation of abuse needs to have confidence that appropriate, considered action will be taken in accordance with these procedures. The Children Act 1989 established the principle that the interests of the child are paramount.
- All allegations of physical, sexual or emotional abuse of a child by a professional or other staff member must be taken seriously and treated in accordance with the procedures outlined above. It is essential that all allegations are examined objectively and that teachers or other members of staff and volunteers can expect that complaints about their behaviour will be investigated professionally and impartially, confidentially and as quickly as circumstances will allow.
- All schools should have procedures that identify the person within the school to whom all allegations or concerns that a member of staff may have abused a child should be reported, and should make sure all staff know who that is. That person will normally be the head teacher, but an alternative person should be identified in case of the absence of the head teacher, or where the head teacher is the subject of an allegation. This should be the Nominated Governor for child protection.
- Any member of staff hearing an allegation or complaint about another member of staff’s behaviour towards a child or children must report this as in accordance with the school’s policy and procedures. The member of staff should make a written report of the allegation, signed and dated, and submit this to the head teacher - or nominated governor if the allegation is against the head teacher.
- Establishing whether an allegation warrants further investigation is not to form a view on whether the allegation is to be believed. It should be noted that malicious allegations of abuse of children and young people are rare and all involved should avoid jumping to the conclusion that an allegation is unfounded, but remain open to the possibility that it might be. Only if the allegation is trivial or demonstrably false will further investigation not be warranted.
2. DEALING WITH AN ALLEGATION
2.1 Urgent Initial Assessment of an Allegation
If a child makes an allegation that is considered to be a potential criminal act, or indicates that s/he has suffered or is likely to suffer significant harm, then immediate referral should be made to the Senior Manager, currently Hester Edmond, or HR colleague in her absence, by telephone (01225 394490), Any future actions will be agreed at that point. If the child protection concern is of an urgent nature i.e. the child in question or any others are at immediate risk then a referral should be made to the Referral and Assessment Team or police as per normal Child Protection procedures.
ii. On no account should further details of the allegation be taken at this stage from the child who has made the allegation, the accused member of staff or from potential witnesses. The head teacher, or nominated governor, is not to investigate the allegation itself or interview anyone, but is to consult with the Senior Manager, for Schools, currently Hester Edmond, or another HR colleagues of Hester is not available ( 01225 394490),
iii. When any allegation (anonymous or otherwise) is made to the head teacher/nominated governor it should be reported urgently to:
- The Senior Manager, Hester Edmond or other HR colleague in her absence ( 01225 394490),
(In the absence or non-availability of either of the above, contact Nicola Bennett Integrated Safeguarding Officer 01225 396974)
In discussion with the head teacher the Senior Manager will consider:
- whether the allegation is demonstrably false or unfounded; and, if it is not,
- whether it is a matter that can be properly dealt with under disciplinary procedures; or,
- whether the Local Authority Designated Officer will need to be involved
In addition, the Senior Manager will consider when the parents will be informed about the allegation. Where the parents of the child in question are not aware of the allegations, the Senior manager will discuss with the LADO when and by whom they will be informed.
- The school should not be reporting any allegation in the first instance to parents unless they have had to act to safeguard the child or in circumstances where medical treatment is required.
- When the accused member of staff should be told about the allegation. In cases where a Strategy discussion is required, what and when to inform the member of staff of the allegation will be considered as part of that meeting. Where the allegation is such that the LADO does not need to be informed or involved, the Senior Manager will agree when the staff member should be informed, and any further disciplinary investigation.
- Whether the member of staff needs to be suspended. Suspension of the member of staff concerned should not be automatic. Suspension will be considered as part of the Strategy discussion.
iii In addition to consulting with the Senior Manager, the head teacher (or in cases where the allegation is against the head teacher, the nominated governor) should:
- obtain details of the allegation in writing, signed and dated by the person who has received the allegation. (This may be the head teacher her/himself). This report should be countersigned and dated by the head teacher (or nominated governor).
- record any information about times, dates, locations and names of potential witnesses.
2.2 Possible Outcomes of Consultation with the Senior Manager
i. Immediate referral to the LADO and Strategy Discussion
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Examples of behaviour which may fall into this category:
- Physical assault, e.g. corporal punishment; excessive use of physical restraint/force; slapping; hitting; punching. An assault which results in bruising/laceration would almost certainly constitute prima facie evidence of a criminal offence.
- Persistent verbal abuse/threatening words, e.g. persistent sexist/sexual language; persistent admonition/scorn/ridicule that would be considered emotionally abusive.
- Sexual abuse e.g. persistently inappropriate sexual behaviour such as suggestive remarks, lack of proper regard for privacy, inappropriate physical contact; any overtly sexual contact – this would almost certainly constitute a criminal offence.
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- The Senior Manager will make the referral to the LADO, who will initiate the Strategy Discussion - future actions including criminal investigations will be agreed.
- In the case of immediate referral, suspension of the member of staff concerned is more likely to be appropriate and must be considered at this early stage.
ii. The allegation needs to be investigated under the school’s disciplinary procedures, and a Strategy discussion/referral to the LADO is not required as the allegation appears to represent inappropriate behaviour or poor practice by the member of staff which does not fall into the definition of an allegation.,.
Iii The allegation meets the criteria of an allegation and may potentially be a criminal offence. In such cases the LADO will be informed and arrange a Strategy Discussion to consider all the information and plan any investigation. The outcome may still be that the matter is investigated vie the Schools disciplinary procedures, or it may be that a police investigation will be undertaken regarding any criminal offences that may have taken place. In some cases it may be that a series of ‘low level’ concerns regarding a staff member have come to light over time that indicates unsuitability to work with children and so a Strategy Discussion will be held to consider the collective information.
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Examples of behaviour which may fall into this category:
- Inappropriate behaviour management/discipline, including excessive use of force in control and restraint situations; inappropriate use of physical force; persistently confrontational behaviour.
- Physical contact, which, although not overtly sexual, makes the child feel uncomfortable.
- Verbal abuse or threats, such as persistent direct insults; severe personal criticism; persistent shaming and embarrassing behaviour; suggestive remarks/jokes.
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- N.B. Any internal investigation that may be undertaken by a school will only be by agreement with the Senior Manager or as an agreed outcome of the Strategy Discussion. Where Police or Social Care are conducting enquiries or investigations in relation to an allegation, this will take priority over any disciplinary investigation or action. The decision about whether to initiate an internal investigation will be informed by information about the outcome of any other enquiry/investigation undertaken by the Police or Social Care.
iii. The allegation is considered to be without foundation, or is demonstrably false, e.g. the immediate circumstances of the allegation show that it would not be possible for the allegation to be true or the behaviour, even if proven, falls within permitted limits and in respect of which no further action will be required. This will need to be dealt with informally at school level, but it should be borne in mind that, if a child has made an obviously false allegation, this may be a strong indicator of abuse occurring elsewhere which may require further exploration and referral.
It must be remembered that it may only be possible to gain a picture of unsuitable behaviour over a period of time that may arise through a number of low-level allegations about a member of staff.
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Examples of behaviours falling within permitted limits:
- Physical restraint within policy guidelines, in circumstances where it is necessary for the protection or safety of the child or others and appropriate to the context.
- Behaviour which is defined within professional or school/departmental codes of practice/policy.
- Behaviour that would be compatible with work the member of staff would normally be required to do.
- Occasional, admonition or criticism that is delivered appropriately to the child/situation/context.
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- N.B. None of the above precludes the right of a parent or a child to refer to the Local Authority or directly to the Police on their own behalf.
2.3 Next steps: Enquiries and Investigations
- In the majority of cases, where a Strategy Discussion has been held, further investigation will be warranted, and this may include one or more of the following:
- enquiries by Social Care under local child protection procedures;
- related Police investigations into possible criminal offences;
- school investigation under its disciplinary procedures.
(i) Allegations that have been referred to a child protection agency:
- A Strategy Meeting will be called as soon as possible (on the same day, if necessary) by the Local Authority Designated Officer (LADO) to plan the conduct of the enquiries or investigation under child protection procedures. The Senior Manager for Schools, Hester Edmond, (or appropriate substitute, if not available) will attend the strategy meeting, and, other than in exceptional circumstances, the head teacher, or the nominated governor (where the allegation is against the head teacher) will also attend. The meeting will be chaired by the LADO. The Police, Social Care representative and Health Service (where appropriate) will also attend.
- The strategy discussion will consider all available information from the agencies attending, and plan the process of the investigation. This will include who is responsible for various aspects of the investigation; any child protection concerns that relate to the child in question and any others; consideration of suspension; timescales for investigation and reporting back; whether a criminal investigation or disciplinary investigation is warranted; further strategy meeting date. The school representative should bring to the meeting:
- details of the child who has made the allegation: full name, address, D.O.B., parents’, siblings’ names etc.
- information on any special educational needs the child may have and/or evidence of social, emotional, health, family issues that are known to the school;
- evidence of any previous allegations or accusations that the child may have made;
- details of the member of staff against whom the allegation has been made: name, address, role in school, length of time at school etc
- details of any other allegations made against the staff member/volunteer that the school is aware of
- evidence, where applicable, of any current or previous concerns about the member of staff’s practice, conduct, capability etc,
- names of any known or likely witnesses to the alleged incident(s)
- The strategy discussion should consider whether it the alleged victim should be interviewed by the Police or Social Care, whether any other children are likely to have been at risk in the light of the allegation and whether it might be necessary to review any previous allegations made against the member of staff or to consider interviewing any other children.
- The strategy meeting will also address the welfare of the accused member of staff, balancing the interests of the investigation with the need to minimise the stress to anyone who may be wrongly accused.
- Further action will be agreed at this meeting. This may, for example, involve individuals in making follow-up enquires/providing further information prior to or concurrent with the child/member of staff/witnesses being interviewed by either a social worker or the police. If the member of staff concerned does not already know of the allegation, it should be made clear at the meeting who should inform him/her and when. It should also be agreed who else should be updated or informed of the allegation and likely course of action, as follows:
- Notification of Interested Persons: The strategy discussion may decide that the investigation would be hindered by an approach to parties at an early stage. The head teacher (or school representative at the strategy meeting) and Senior Manager must ensure that there is no objection by the police before contacting any parties. Subject to their being no objection, the head teacher (or nominated governor, where applicable) should:
- inform the child, children or parent making the allegation of procedures to date and explain the likely course of action;
- ensure the parents of the child who is the alleged victim have been informed of the fact of the allegation and of the likely course of action;
- inform the member of staff against whom the allegation has been made and explain the likely course of action. The member of staff should be advised, at the same time, to contact their trade union;
- inform the chair of governors/nominated governor of the school of the fact of the allegation.
Where the Police object to the action outlined above, the head teacher/nominated governor and the Senior Manager should be informed accordingly and arrangements made to keep them informed as to when these notifications may take place, or have taken place by other means.
A written record of the actions to be taken and decisions made at the strategy will be provided by the LADO following the meeting ;However it may be prudent to take notes to ensure that all decisions are understood and agreed.
Confidentiality should be maintained regarding the details of the case, in the interest of the individuals concerned.
Any further communication about the details of the case, other than that outlined above should be made on a strictly ‘need to know’ basis. However, consideration may need to be given, at an early stage, to a joint-agency communication strategy, particularly regarding making a statement to parents of children in the school who may be, or become, aware of the case, and the possible need to continue to provide information during the course of the investigation to parents, children and other colleagues. This should be discussed and agreed at the Strategy Meeting.
- Police involvement: Where the allegation is felt to amount to a criminal act, the Police will undertake a criminal investigation and this will normally include interviewing the child/ren making the allegation, any witnesses and the person against whom the allegation is made. In some cases the Police might wish to interview the member of staff against whom the allegation has been made before any approach is made by the head teacher (or nominated governor in cases where the allegation involves the head teacher). Where this is the case, the timing of any interviews and aspects of the investigations should be agreed at the Strategy Meeting or subsequent Strategy Meetings. Where the alleged offence does not arise from the individual’s professional duties in the school, but may have an impact on their suitability to work with children, this will also be considered at a Strategy Meeting but may occur after a criminal investigation has taken place. Police officers should be given every assistance with their enquiries, but confidentiality about the enquiries should be maintained, in the individual’s interest. It would not normally be expected that police interviews would be undertaken on school premises and it would be expected that appointments for interviews would normally be made at reasonable times.
- In the majority of cases the strategy meeting concludes that there are no grounds for criminal proceedings at this stage, but may recommend that there are grounds for considering action under school staff disciplinary procedures, (refer to (ii) below).
On the conclusion of any investigation:
- The child/children who made the allegation and their parents should be informed of the outcome of the proceedings and appropriate support and counselling offered to the child/children and, where appropriate, their parents. In particular, this should take into account a child’s particular needs where a false allegation has been made. This should be prior to the member of staff’s return to school, if s/he has been suspended.
- Other than in the event of dismissal, the head teacher/nominated governor should meet with the member of staff concerned. He/she may be accompanied or represented by a trade union representative or workplace colleague. The head/nominated governor should provide the opportunity for informal counselling. This could be used to give appropriate guidance, support, reassurance and help to rebuild confidence. There may also be a need specific guidance and sympathetic consideration may need to be given to other employment options, in consultation with a LA’s Human Resources officer.
- In some circumstances, consideration should be given to the broader disclosure of details of the outcome, together with reasons, for example where the issues are of general importance, have become common knowledge or are the subject of general gossip and there is a need to provide accurate details for public information. The head teacher/ nominated governor should always consult with the LA Lead Officer prior to issuing any public information. There may also be the need for the Lead Officer to consult with the local authority’s Communications and Marketing department.
(ii) Allegations that need to be investigated under the school’s disciplinary procedures:
- Such investigations will be conducted in cases where the head teacher/nominated governor and the LA Lead Officer and/or Senior Human Resources Consultant agree that there appears to be some foundation in the allegation with regards to inappropriate behaviour or misconduct. As mentioned earlier, an investigation under disciplinary procedures may also be initiated following recommendation from a child protection strategy meeting.
- In such cases advice must be sought from the LA’s Senior Human Resources Consultant, and the person undertaking the investigation must familiarise her/himself with the Schools Disciplinary Procedures and Guidelines in the B&NES Schools’ Personnel and Procedures Guidelines, which will guide the process of investigation and any further action that may need to be taken.
- Governors and head teachers involved in considering disciplinary action against a member of staff need to bear in mind that:
- Police or any other independent investigation does not determine disciplinary issues.
- The burden of proof in proceedings before a court of law is different to that before an Employment Tribunal. A court of law requires guilt to be proven beyond reasonable doubt whereas the Employment Tribunal standard is on ‘the balance of probabilities’.
- Statements made to the Police by potential witnesses in disciplinary proceedings, including statements by a complainant, can and should be made available to Local Authorities for use in such proceedings, if consent to this is given by the maker of the statement.
- If, during the course of an investigation, further evidence indicates that the member of staff’s behaviour may have placed a child at risk of significant harm, a referral should be made to Social Care, in accordance with above procedures.
At the end of the investigation:
- A meeting should be arranged to inform the member of staff of the next steps. He/she may be accompanied or represented by a trade union/recognised teacher professional association representative or workplace colleague. The member of staff should be advised what further steps, if any, are intended to be taken and the likely timescale involved. It may be decided to take no further action. However if further action is to be taken, this could include a decision to issue an admonishment, or to move to a disciplinary hearing. If it is decided that there is a case to answer, the member of staff will be required to attend a disciplinary hearing, either one heard by the head teacher or by a panel of governors.
- If the member of staff has been suspended and it is later decided not to proceed with any form of disciplinary action or to dismiss, the suspension should be lifted immediately. The head teacher/nominated governor should meet the member of staff to discuss the arrangements for their return to work.
- Other than in the event of dismissal, the school should provide the opportunity for informal counselling. This could be used to give appropriate guidance, support, reassurance and help to rebuild confidence. There may also be a need for specific guidance and sympathetic consideration may need to be given to other employment options, in consultation with a LA Human Resources officer.
- If the member of staff is dismissed, or resigns before the disciplinary process is completed, s/he should be informed about the employer’s statutory duty to report the case to the Department of Education and Skills Teachers’ Misconduct Section, for consideration for their disbarring from further employment. The HR Service can provide appropriate advice to ensure the requirements are met.
- The child/children who made the allegation and their parents should be informed of the outcome of the investigation and appropriate support and counselling offered to the child/children and, where appropriate, their parents. In particular, this should take into account a child’s particular needs where a false allegation has been made. This should be prior to the member of staff’s return to school, if s/he has been suspended.
- In some circumstances, consideration should be given to the broader disclosure of details of the outcome, together with reasons, for example where the issues are of general importance, have become common knowledge or are the subject of general gossip and there is a need to provide accurate details for public information. The head teacher/ nominated governor should always consult with the LA Lead Officer prior to issuing any public information. There may also be the need for the Lead Officer to consult with the local authority’s Communications and Marketing department.
(iii) Allegations without foundation:
- Where the circumstances set out in paragraph 2.2 (iii) above are met, then the head teacher/nominated governor should, in consultation with the Designated Person and the LA Lead Officer:
- take account of the fact that if a child has made a false allegation of abuse, this may well be a strong indicator of problems elsewhere which require further exploration. The best way for this to be done is through a referral to Social Services;
Inform the member of staff orally and in writing of the allegation and that no further action is to be taken under disciplinary or child protection procedures. The member of staff may be accompanied by a trade union/teacher professional association representative or a workplace colleague;
- consider whether informal professional advice/counselling is appropriate for the member of staff and the form either may take;
- inform the parents of the child/ren of the allegation and outcome in writing;
- consider appropriate support or counselling for the child/ren who made the allegation and, where appropriate, their parents;
- in particular, consider what follow-up action should be taken in regard to a child or adult who has made an allegation that is shown to be false or made maliciously;
- where the allegation has been made by a person other than the alleged child victim him/herself, consideration should be given to informing the parents and child of the unfounded allegation;
- prepare a report embodying the above and giving reasons for the conclusion that the allegation is without foundation.
2.4 Considering whether suspension is appropriate:
- Staff against whom an allegation is made should not automatically be suspended. In the case of an immediate referral to a child protection agency, immediate suspension is more likely to be appropriate. In a case where immediate referral is accompanied by consideration of disciplinary proceedings, suspension may or may not be appropriate. In the case of unfounded allegations, suspension is unlikely.
- The head teacher/nominated governor should consult with the Senior Human Resources Consultant when considering suspension and before a decision to suspend is taken. Reference should be made to Section 5.1 ‘Guidance for the Schools’ Disciplinary Procedure’, paragraphs 6.1 to 6.5 about suspension. The Document can be found in the Schools’ Personnel and Guidelines Manual. In any event community and voluntary controlled schools must immediately inform the LA about the imposing or lifting of a suspension, and in practice this should be to a member of the HR Team. Foundation Schools and Voluntary Aided Schools who have a service level agreement with the HR Team should also contact the LA immediately.
- Both the governing body and the head teacher can suspend any staff employed or engaged at the school but only the governing body can lift the suspension. When imposing or lifting a suspension the governing body must immediately inform the head teacher. If the head is imposing a suspension then he/she must immediately inform the governing body. In the case of the governing body, in practice this function would either be undertaken by the Chair of Governors under urgency powers or delegated to a governor or group of governors. This would avoid the governing body considering a suspension in full session and therefore avoid the possibility of undermining the impartiality of governors who may be required to consider matters at a later stage. When a member of staff does not work solely at the school, e.g. a shared caretaker, or is contracted from another part of the council e.g. catering staff, the head teacher should consult the Senior Human Resources Consultant.
- Suspension whilst not a disciplinary penalty is a very serious step and therefore one which needs to be considered carefully before being taken. The Head teacher and/or chair of governors will need to take into account:
- the nature of the allegation;
- assessment of the presenting risk;
- Any recommendation which may be made as a result of a child protection strategy meeting (see 6.2.3 (a));
- the context in which the allegation occurred;
- the interests of the member of staff concerned and the school;
- the need to ensure that the opportunity to establish the full facts is not impeded;
- any other relevant information; and
- alternatives to suspension
- Suspension, although not automatic, will be considered: -
- where a child or children is/are at risk of significant harm;
- where a member of staff is the subject of a police investigation and the alleged offence is considered relevant to his/her duties;
- where the allegations are so serious that dismissal for gross misconduct is possible;
- where a suspension is necessary to allow the conduct of the investigation to proceed unimpeded.
NB: This list is indicative and is certainly not exhaustive
- Suspension may take place at any time before or during the course of an investigation and a letter must also be issued to ensure the employee understands their position. Suspension of any member of staff can only be ended by the Governing Body, normally through delegation to the Staffing Panel.
- Suspension will normally be on full pay. However, where the employee is certified as unfit to attend working owing to ill-health or takes maternity leave, payments will be made in accordance with the relevant conditions of service.
- Being suspended or asked to refrain from work can give rise to great anxiety in the individual subject to the allegations. Any member of staff subject to an allegation should be encouraged to seek advice and support from at the earliest opportunity from their professional association or trade union.
- The need for support should be recognised when considering a staff members return to work. Suspension should be retained for as short a length of time as possible and if it is agreed a staff member is to return to school/work, careful planning needs to take place as to how this situation can be managed as sensitively as possible.
2.5 Investigation Records:
- Documents relating to an investigation, together with a written record of the outcome, must be retained by the school in a secure place. Where disciplinary action has been taken a record of this must be included in the member of staff’s personal and confidential file, in accordance with the school’s disciplinary procedures.
- Where a pupil has made an allegation, a copy of the statement or a record of it should be kept on the section of the pupil’s file which is not open to disclosure, together with a written record of the outcome of the investigation. If there are related criminal or civil proceedings, records may be subject to disclosure and, therefore, no assurances of confidentiality can be given.
2.6 Post-Investigation:
- Where it is the view that the child has suffered significant harm OR that the behaviour or actions of a teacher, member of staff, or volunteer indicates that the person is unsuitable to work with children, the LA is under a duty to refer the person to the Independent Safeguarding Authority to consider whether they put on a list of ‘barred’ people, under the new Managing Allegations Guidance ( see the South West shared Procedures – www.swcpp.org.uk,)
- At the conclusion of any investigation, the nominated governor/ Head teacher and the LA should consider whether there are any general matters arising from it which should be brought to the attention of managers within the Education Service or LSCB as perhaps warranting a review of local practice and procedures. (Any information published must, of course, preserve the confidentiality of the member of staff and child(ren) involved). Any staff training needs should also be considered.