Child Protection and Safeguarding Policy and Procedures for Staff

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:
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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:
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‘ … 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)
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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
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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)
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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:
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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:
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– 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
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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.
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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.
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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.
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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.
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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.
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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
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