Child Protection and Safeguarding Policy and Procedures for Staff and Designated People, 2012/13 1 Policy statement Although serious incidents of child abuse may not be the norm, child abuse is still a significant reality within society. Any child aged between 0 and 18 is potentially vulnerable to abuse whether this is in the home, in school or college, in the workplace or elsewhere. This applies not only to the young person directly concerned, but also to any other young people who may be affected as friends or witnesses. All complaints, allegations or suspicions of child abuse must therefore be taken seriously. To deal with ‘child protection’ matters as described in these guidelines, the college has identified specific managers at every campus to act as ‘designated people’ (DPs). These DPs keep up to date and pool their expertise so they can lead or advise on all child protection concerns. The DPs liaise closely with external agencies as appropriate, including Children’s Services, to ensure that there is a joined-up and effective approach to safeguarding and protecting young people. Definitions of safeguarding and child protection ‘Child protection’ is about protecting specific individuals who are suffering significant harm (or at clear risk of it). ‘Safeguarding’ requires a much broader range of activity aimed at all young people. It is designed to prevent harm, to provide safe and effective care and to promote young people’s life chances. The college has developed a wide range of activities and provision to ensure that young people’s health, safety and general well-being are actively promoted, with ‘safeguarding’ an integral part of the Every Child/Citizen Matters (ECM) strategy. For example: Page | 2 all students are entitled to tutorial activities on ‘staying safe’ (physically and emotionally) there are ‘themed/enrichment weeks’ on ECM outcomes most students follow a personal and social development curriculum (such as PEARL or PX2) the Healthy FE initiative is broadening support for well-being facilities and/or services catering for physical exercise, healthy eating, sexual and medical health, and essential financial support are extensive and of high quality. There is no room for complacency, however, and the college is committed to addressing individual child protection issues as far as it has the means and powers to do so, and as guided by the relevant legislation. In addition, Ofsted inspects arrangements for child protection and safeguarding and maintaining a ‘good or outstanding’ judgement is important to the college’s reputation. 2 Scope Students According to the Children Act (2004), any young person under the age of 18 is a child (please note: statemented or vulnerable young people up to the age of 25 are also treated as ‘children’ under the act) The Manchester College recognizes its statutory and moral obligation, to safeguard and promote the welfare of our under-18 students. In practice, however, we extend ‘a duty of care’ to students of any age, although only ‘children’ are automatically subject to these procedures. Locations (geographical and on–line) Alleged abuse might occur both on and off college premises, including on placements, in the home, workplace, or elsewhere. It can occur face to face, via mobiles or on-line. The college has a duty of care to support the young person as far as it is reasonable to expect this, regardless of where, when and how abuse might occur. N.B. Where abuse occurs on electronic devices (such as computers or mobiles) you must also check the ‘E-Safety Guidelines’ for further, specific advice. Staff and volunteers All staff, whether directly employed, contracted or voluntary, have a duty to raise concerns with a DP if they know or suspect that a young person is being abused. This includes not only teaching and support staff, but also catering and premises staff, curriculum, campus and duty managers, reception staff, and any other groups who may become aware of signs of abuse. Work placement providers also have a duty of care, and it is the responsibility of the college work placement organizer to check that placement providers are aware of their responsibilities for child protection and safeguarding. Contractors and visitors must also pay due regard to safeguarding/child protection and avoid inappropriate behavior. For 14-16 year old pupils in college, incidents, disclosures or allegations of child abuse should be reported to the college 14-16 Co-ordinator, who is responsible for alerting the appropriate senior person in the pupil’s school who must follow up the allegation, rather than the college. For vulnerable adults, please refer to the ‘Vulnerable Adults Policy and Procedures’. The term ‘vulnerable adult’ refers to any person aged 18 –100+ who: TMC SSS CPDP Proc v1.2 Page | 3 ‘ … is or may be in need of community care services by reason of mental or other disability, age or illness and who is or may be unable to take care of himself or herself, or unable to protect himself or herself against significant harm or serious exploitation.’ [Law Commission Report, 1997] Nurseries For children who come under the care of the college nurseries, a different set of procedures applies to ensure that their particular needs are addressed. 3 Definitions of abuse and neglect Allegations of abuse might refer to incidents in the past or to more recent or current abuse. Abuse might include a seemingly ‘one-off’ incident, but is more commonly repeated. It can take any one or a mixture of the following four types (as defined by the legislation). 3.1 Physical abuse Physical abuse may involve hitting, shaking, throwing, poisoning, burning and scalding, drowning, suffocating, or otherwise causing physical harm to a young person. 3.2 Sexual abuse Sexual abuse involves forcing or enticing a young person to take part in sexual activities, including prostitution, whether or not they are aware of what is happening. The activities may involve physical contact, including penetrative or non-penetrative acts. They may include noncontact activities, such as involving young people in looking at pornographic material or watching sexual activities, or encouraging them to behave in sexually inappropriate ways. 3.3 Emotional abuse This is the emotional maltreatment of a young person such as to cause severe and persistent adverse effects on their emotional development. It may involve telling the young person that they are worthless, unloved or inadequate. It may involve causing them to feel frightened or in danger, or seeing or hearing the ill treatment of another person. It includes serious bullying or the exploitation or corruption of the young person. Some level of emotional abuse is involved in all types of ill-treatment, though it may occur alone. 3.4 Neglect Neglect is the persistent failure to meet a young person’s physical and/or psychological needs likely to result in the serious impairment of their health and development. Neglect may occur in pregnancy (to mother or child) as a result of substance abuse. Neglect may also involve a parent or career failing to provide adequate food, clothing or shelter, including exclusion from home or abandonment protect a young person from physical and emotional harm or danger provide adequate supervision ensure access to appropriate medical care or treatment It may also include neglect of, or unresponsiveness to, a young person’s basic emotional needs. 3.5 Self-harm (NB: this is not included in the formal definitions of ‘child abuse’ as it is self-inflicted) TMC SSS CPDP Proc v1.2 Page | 4 Incidents of self-harm are not necessarily in themselves a ‘child protection’ matter – although self-harm can sometimes result from abuse, either recent or in the past. Self-harm is a ‘safeguarding’ matter, however, and students discovered to be self-harming are in need of support. In such cases, a DP should be informed so they can investigate what level of support might be needed and whether or not there is an additional child protection dimension. Other forms of highly risky behavior (such as active gang-membership) can also fall into this category – definitely a ‘safeguarding’ matter and occasionally a ‘child protection’ one also. 4 Acting on signs of abuse 4.1 Identifying abuse ‘Disclosure’ can happen in many ways and staff need to be alert to the signs. Young people can make many attempts to reveal abuse before it is heard or acted upon. For example: the young person might speak directly to a tutor or support worker about current or past abuse other students might report concerns about their peers to staff members of staff might observe changes in the young person’s behavior or appearance that could be an indication of abuse or neglect students might be overheard talking about their peers in ways that signal that they are aware of abuse occurring abusive messages on a mobile or social networking site might be noticed 4.2 Recording the abuse Where abuse is disclosed or observed, the member of staff involved in this should make a record as soon as possible of the nature of the disclosure or observations and any other relevant information that they have, including the time and date of the allegation or observations made their own name and the names of any others present the name of the complainant and, where different, the name of the young person who has reportedly been abused a description of the abuse the time/s, date/s and place/s where the disclosed abuse happened a description of any injuries or other form of harm observed (with a diagram where this clarifies any physical injuries) the record must be as factual as possible, avoiding opinions and inferences and recording the young person’s words verbatim where possible A standard Child Protection Referral form is available to support the recording process. In some cases, notes may be required later for court proceedings, so all records must be clear in content, legible, reasonably detailed and factually accurate. Verbal referrals may be made to a DP initially but a written record should be provided to the DP either on referral or as soon as possible afterwards. Similar records should also be made by a DP, if the initial or subsequent disclosures are made directly to them. 4.3 Investigating the abuse Depending on how the abuse is reported, the DP might need to investigate further (in most cases as promptly as possible). This will normally involve getting more information from the young person and/or from any witnesses or reporters of the abuse If the disclosure was initially made to a non-designated person (eg a youth worker or tutor), the DP must decide who should follow this up so it is done as sensitively as possible. This would normally be the DP, often alongside that same member of staff (whom the young person knows and trusts) TMC SSS CPDP Proc v1.2 Page | 5 In more serious cases, a fuller disclosure by the young person would be made to Children’s Services staff, and not to college staff or DPs, especially where a case needs specialist expertise to handle or could lead to court action NB: if a young person persistently refuses to admit that abuse has occurred, despite evidence to the contrary, options for further investigation and support are more limited. However, the following are required in these cases – Ongoing vigilance by staff, providing repeated opportunities for the young person to talk – calling on emergency services in certain circumstances, if necessary In serious cases, Children’s Services must be called on for advice and a likely referral, despite a lack of cooperation from the young person. 4.4 Meeting the young person Whoever hears the young person’s disclosure, it is essential that: the discussion is calm and sensitive. The young person is encouraged to speak openly but is not ‘interrogated’ the young person is made to feel they are being listened to and taken seriously the young person is encouraged to describe events in their own words (whatever vocabulary is used) the interviewer avoids using leading questions or jumping to conclusions the young person is told that we cannot give promises of confidentiality which may not be kept later if their welfare is at serious risk and others need to be involved to protect them the young person is told about what happens next and where they can get support in the meantime (especially as disclosure can make the young person feel very insecure or upset) the young person is also given information about other sources of help (eg phone lines or support agencies) to contact if they need help outside of college opening hours a record of the meeting is made (ideally at the time or immediately afterwards) so key facts are not missed or forgotten and the record can be trusted to be accurate. 4.5 Reporting abuse to a DP Whether a member of staff knows or just suspects that abuse is occurring/has occurred, they should refer the matter as soon as possible (normally the same day) to a DP. This is to ensure that any actions, reports and legal requirements are carried out quickly, accurately and appropriately to safeguard the young person. If the disclosure/observation arises as an emergency (eg if a young person has been recently beaten, or is very fearful of going home), a DP should be contacted immediately as emergency services or other agencies may need to be involved and safeguards be put in place very quickly. The referral to the DP may initially be made verbally or in writing. If verbally, it should be followed up on the standard referral form shortly afterwards. 4.6 Contacting other agencies The DP will make a judgement as to whether or not any other agencies should be contacted (if not already involved). Examples include: TMC SSS CPDP Proc v1.2 Page | 6 – Connexions – Children’s Services – the police – external support agencies – any ‘link worker’ whom the student might already have Where there is a ‘clear risk of significant harm’ (Children Act 1989), the DP must involve Children’s Services Family members may also be contacted where it is known (and not simply assumed) that this would be in the young person’s best interests. This is subject to the guidance in section 5 on confidentiality, however. This should be carried out by the DP or a person whom they designate. Where the issues are not straightforward, the DP should always discuss the matter with another DP in order to: check that the actions proposed are sound ensure consistency of good practice maintain expertise amongst D.P.s There is a group email called ‘DPs’ on FirstClass/Outlook for all DPs. Its purpose is for DPs to share knowledge and experience and to request help with specific cases (though individuals’ names or other identifiers must not be used). 4.7 Reporting to the senior DP Where an allegation or issue is very serious (eg where police, emergency or Children’s Services become involved), the DP must notify the Senior DP (or their nominee) as soon as is practicable (normally within 24 hours) to ensure that the Principalship is prepared to respond in the event of any public queries. The DP should also send to the Secretariat a report of every child protection case that has involved Children’s Services at the end of each half-term. This report should consist of a copy of the referral form containing a summary of the allegations, plus a note of any outcomes known at that point. Reports will be kept in the Secretariat in a secure location and a log kept of all referrals. Key details of these reports are to be flagged on an identified field in EBS by Information Services (confidentially) for data reporting reasons. 4.8 Ongoing support for the young person/s The DP will liaise with the appropriate college staff to ensure that the young person receives any necessary support, both immediately and ongoing. Essential feedback will be given to involved tutors or support staff on a ‘need to know’ basis so they can support the young person adequately but without breaching confidences unnecessarily (feedback to be arranged by the DP). A written Action Plan should be kept as part of the records. Examples of action include enlisting the support of family members or friends (with permission) supporting a young person with court proceedings financial or personal welfare support (eg regarding benefits or accommodation) referral to specialist external support agencies (accompanied, initially) reasonable adjustments made to curriculum delivery 4.9 Where another student is the alleged abuser In this instance the Student Disciplinary Procedure should be invoked (up to and including expulsion from the course or college) based on further investigation of the allegations. Support may also be required for either or both parties, as appropriate in the specific circumstances. Contact with Children’s Services may be important in some cases. TMC SSS CPDP Proc v1.2 Page | 7 4.10 Home visiting In the rare event of staff having to make visits to a student’s home when dealing with cases of abuse, they are not advised to do so alone but should arrange to be accompanied by another adult. However, this type of activity is normally within the remit of Children’s Services. 5 Confidentiality and record keeping 5.1 Under the 1998 Data Protection Act (DPA), sensitive personal data must be kept confidential unless there are permitted reasons to disclose it, or the person involved gives informed consent. In child protection matters, confidentiality has to be balanced against the college’s ‘duty of care’ towards the young person. However, it is the welfare of the young person that is the paramount consideration (Children Act 2004) so confidentiality must give way where there is serious harm or a risk of serious harm. 5.2 Where possible, the young person should be encouraged to disclose issues voluntarily and to give ‘informed consent’ to having other people involved, where this is in their best interests. If their welfare is at serious risk, however, it is not possible to offer or to maintain confidentiality. Promises that others won’t be involved should not be made and/or may have to be breached. 5.3 It is important that only those people who genuinely ‘need to know’ about the details – or even the fact – of abuse are informed. Those who do know should be careful not to pass on such information to others unless there is a justifiable reason in the student’s own interests to do so 5.4 Certain agencies and family members in particular, may believe that they are entitled to have information of any sort given to them about a young person. Even for students under 16 (and certainly under 18), this is not automatically the case as the usual DPA provisions still apply. It is for the DP to judge whether or not the welfare of the young person would be at greater risk if information was either withheld or provided against the young person’s wishes, in the circumstances. (NB: the police are entitled to information as part of a criminal enquiry, although police requests for information should still be supplied in writing.) 5.5 Written information (including computer records) about individuals should be kept in a secure place where it cannot be read by anyone unauthorised to do so. 5.6 Staff making records need to be aware that students are entitled (under the Freedom of Information Act) to see or be given copies of any information that is kept about them, personally, and they may request this in writing (reasonable notice and a charge of approximately £15 may apply). Where such records include sensitive information about others, however, this should be deleted from any copies provided, to protect the confidentiality of others (under the DPA). 5.7 A ‘flag’ will be registered on the college IS system to identify any student who is being supported within the Child Protection Procedures. This will give no details other than point to the fact of confidential information being stored for quick access by an authorised person if needed. 5.8 The reports of each case sent by designated people to the senior DP (or directly to the Secretariat) are to be stored in an identified, secure location in the Secretariat. The reports should be accessible only to those DPs and members of the Principalship who need to know about any particular case, and to the Senior DP. TMC SSS CPDP Proc v1.2 Page | 8 6 Safeguarding young people on campuses shared with adult learners, visitors, contractors and other college users 6.1 The college is aware that a wide range of adults (whether learners or visitors) within the college may be in a position to develop informal relationships with younger learners on the same campuses. Nevertheless, it is neither feasible nor necessary to expect a system of Criminal Records Bureau (CRB) checks for adults who are not staff members. What is important, however, is that staff are aware of the potential for ‘grooming’ of young people by adults and that key staff act accordingly. All curriculum tutors and managers, together with support staff (including the youth support team) have a particular role to play in safeguarding students who might be vulnerable to inappropriate approaches outside of the classroom. Where any behavior from adult learners, visitors, contractors or other college users appears to be inappropriate towards younger students, staff and managers should alert a DP to lead and/or support an investigation. In addition, students are equipped by the college to identify and deal with potential and actual dangers themselves via a range of mechanisms, such as tutorial activities student handbooks guidance on safe use of the internet activities in ECM ‘themed weeks’ the Student Council learner voice activities individual and group support from youth and guidance workers 6.2 Ex-offenders may disclose offences or be revealed through third parties (eg via probation or other social services). Most will pose no risk to other students or staff and the majority will not in fact be known to the college. However, where enrolling a known ex-offender poses a real risk to others, a risk assessment should be carried out with that person. Conditions can then be put in place to safeguard others (which can include not enrolling the person if the risks are too great to be safely managed). Refer to the procedures available on the staff intranet for guidance. These are titled: ‘Individuals who pose a risk to others’. 7 Relationships between staff and students With regard to their relationships with students, staff are expected to make a clear distinction between what is professional and what is personal. Clearly, the college wants to encourage staff/student relationships to be friendly and supportive and students very much welcome this. However, this is in the context of a professional relationship and is not the same as becoming a student’s personal friend with some of the behaviour that such a friendship can involve. Where there is an imbalance in power (as inevitable in the staff/student relationship), staff need to be aware that all students, regardless of age, are in the college’s care and this is not consistent with developing close personal/private relationships. Behaviour by staff that puts students at risk or is in serious breach of the boundaries separating professional from personal relationships could lead to disciplinary action under the Staff Disciplinary Procedure. Staff are advised to take particular care to avoid presenting themselves as a ‘friend’ on social networking sites (such as Facebook or Myspace, etc). It is not advisable to give students home phone numbers, home e-mail addresses, or personal mobile numbers which cannot be switched off out of college hours. TMC SSS CPDP Proc v1.2 Page | 9 Refer to the E-Safety Policy and Acceptable Use Policy for more specific guidance on on-line behaviour. Note: Staff employed by external contractors are also expected to adhere to this guidance. They should not develop, or attempt to develop, personal relationships with the college’s students, whether on college premises or on-line. If they observe inappropriate behaviour, they should ensure it is raised with any College managers who can address it. 8 Staff training All teaching and identified support staff (such as youth and guidance workers and learner support staff) who work closely with young people in the 14-19 segment undergo ‘Safeguarding Children Foundation’ training, and are to be kept updated at least every three years. All DPs receive ‘Designated Person’s Training’ and will be kept updated at least every two years. In addition, a team of college DPs has been accredited as trainers by the MSCB (July 2009) to deliver Foundation Training, to ensure that all staff within the college can be trained and further briefed and supported, as required (including new recruits to the college). MSCB (Manchester Safeguarding Children Board): Training need not be carried out by MSCB appointed trainers but should take account of the information provided by the MSCB so that College processes are consistent with the messages and procedures adopted by the MSCB of which the college is a standing member. 9 Role of the Governing Body The Governing Body has a duty to oversee Child Protection and Safeguarding arrangements within the college to ensure that these are robust and comply with the college’s statutory responsibilities. There is at least one named governor in place for this function. Governors are expected to request and receive a written report on Child Protection from the Senior DP (or nominee) at least once per year. This will include data on the Child Protection cases dealt with by college DPs and any observable trends that might point to action needed (such as staff training, information to students, or issues to raise with the MSCB). 10 Reporting and dealing with allegations of abuse against members of staff 10.1 Where an allegation of child abuse is made and it involves a member of college staff, the same procedures should be adopted as described previously. In addition, the HR Manager should be informed. 10.2 Under no circumstances should the member of accused staff be informed about the allegation at this stage. Notification of the allegation will be managed through the Staff Disciplinary Procedure as described in the following text. 10.3 If the allegation is against a DP, then the incident should be reported directly to the senior DP (or to the Principal if the allegation concerns the latter). If the allegation is against the Principal, then the report should be made, via the Clerk of the Corporation, to the Chair of Governors. 10.4 Any suspicion, allegation or actual abuse of a young person by a member of staff must be reported to the DP as soon as possible and at least the same day. TMC SSS CPDP Proc v1.2 Page | 10 10.5 The DP should investigate the matter with the young person concerned (either directly or via Children’s Services as described previously) liaising closely with HR. 10.6 Full records must be made about the alleged incident/s as described previously. 10.7 The appropriate investigation and notification will also be conducted in line with the Staff Disciplinary Procedure. The college will, as deemed appropriate through the investigation, cooperate fully with the police, social services and other external organisations in the execution of their duties within the investigation. Should the investigation identify a need for disciplinary sanctions to be considered (up to and including dismissal), a disciplinary hearing will be convened in line with the Disciplinary Procedure. 10.8 The appointed governor with designated responsibility for Child Protection will be informed by HR of any situation where the investigation of an alleged incident under the Child Protection Procedure is necessary. 10.9 In rare cases, allegations against staff are so serious that the college’s HR manager is required to notify the LADO (Local Authority Designated Officer) immediately. The LADO may consult or involve the police and social services colleagues and continue to liaise with the college H.R. Manager. 11 Staff recruitment and selection 11.1 Safeguarding Children legislation sets out the responsibilities for FE colleges to safeguard and promote the welfare of children and young people, through the adoption of safe and effective recruitment and selection practices. This is supported by the college’s Staff Recruitment and Selection Policies. 11.2 In line with these guidelines, appointments to the college are made subject to the necessary recruitment and vetting checks, as appropriate to the role in question. These include satisfactory references satisfactory criminal record checking, via Criminal Records Bureau (CRB) disclosure and the Vetting and Barring Scheme (VBS) being introduced from October 2009. The VBS is overseen by the new Independent Safeguarding Authority (ISA) to ensure registration/checking is carried out as appropriate. Registration with the ISA is obligatory for all new employees and volunteers working with children or vulnerable adults from November 2010 identity checking confirmation of qualifications legally required for the post any other checks as deemed appropriate by the college, such as medical clearance 12. Safeguarding Children Boards and College Standards 12.1 The College has a standing place on the local (Manchester) Safeguarding Children Board (the MSCB) which meets approximately half-termly. The college representative should also have a place on the College’s Safeguarding Committee to raise or report back any matters from and to the MSCB. The College (SDP) also maintains a list of the key contacts for each of the other Safeguarding Boards in the Greater Manchester region from whom we draw students. TMC SSS CPDP Proc v1.2 Page | 11 12.2 Standards: The College Safeguarding Steering Committee has approved and submitted to the MSCB (July/12) a set of Standards that summarise the key areas of work in Safeguarding/Child Protection carried out by the College. Similar standards are required of all partners of the MSCB to help maintain consistency of good practice and legal compliance. 13 Related college policies and procedures a) Student Disciplinary Procedures b) Staff Disciplinary Procedures c) Vulnerable Adults Policy and Procedures d) E-Safety Policy & Procedures e) Complaints, Comments and Compliments Procedure f) Staff Recruitment and Selection Policies g) “Individuals who pose a risk to others” 14 Safeguarding legislation a) The Children Act (1989) b) Data Protection Act (1998) c) The Education Act (2002), (2006) d) Every Child Matters (2003) e) The Children Act 2004 f) Working Together to Safeguard Children (2006) g) Children Act (1989), (2008) h) CRB/ISA Working to Protect Vulnerable People (2009) 15 Appendices (all available on the Staff Intranet) 1 List of Designated People (DPs) for child protection 2 Standard Child Protection Referral Form (for tutors and support staff) 3 How to act and report on allegations of abuse: Flowchart of procedures 4 Seeking advice from Children’s Services 5. College Child Protection/Safeguarding Standards Version: Betsy Sara/Updated 15thAugust 2012 TMC SSS CPDP Proc v1.2
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