How do you know the children
are safe?
SWALSS
20 May 2017
Julia Green, Partner
Which of these are genuine?
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Children banned from running in the playground at lunchtime
Children not to run on tarmac playground
Ban on throwing mortar boards at graduation
Ban on workplace having a kettle for hot drinks
Ban on conkers without goggles
Ban on using toy weapons in theatrical productions
Ban on hanging baskets
Children no allowed to use cardboard egg boxes in craft lessons
Ban on adverts for sugar related products before the watershed
Ban on yo-yos in the playground
Health and Safety Executive
Excessive risk-averse culture in schools that
prevent children from learning to cope with risk
What we are going to cover
• What does keeping children safe mean
• What does keeping children safe cover
• Why is it important legally
• How do you satisfy the requirement
What does safe mean?
Statutory Guidance definition:
‘protecting children from maltreatment; preventing
impairment of children’s health or development; ensuring
that children grow up in circumstances consistent with the
provision of safe and effective care; and taking action to
enable all children to have the best outcomes.’
Very Wide
What does keeping safe cover?
5 areas covered by the Guidance
Abuse
Physical Abuse
Emotional Abuse
Sexual Abuse
Neglect
Pupil Wellbeing Statistics
Most concerning pupil health and safeguarding issues for
Headteachers and schools leaders in July 2015
1. Mental health
67%
2. Domestic violence
58%
3. Cyber bullying
55%
4. Bullying
38%
5. Obesity
36%
6. Drugs
23%
7. Sexting
21%
8. Child sexual exploitation
20%
9. Gang and youth violence
13%
10. Female genital mutilation
11%
Who is most at risk?
Children – NSPCC’s Report 2013 – How safe are our Children?
800,000 children were victims of maltreatment in 2011
Identified groups:
• Disabled and have specific additional needs
• Have SEN
• Young carers
• Those showing signs of engaging in anti-social or criminal
behaviour
• Live in challenging circumstances e.g. mental health,
substance abuse, domestic violence
Highest risk
• Children with physical disabilities – particularly non-verbal
• Young people with social and emotional difficulties –
especially those with complex challenging behaviour
Disabled
• Safeguarding Disabled Children (2009) recorded that in 2000
disabled children 3 or 4 times more likely to be victims of
abuse
• 9% non-disabled children were victims compared to 31% of
those with disabilities (USA based but relevant to UK)
• Issues: need for intimate care, lack of understanding of
appropriate adult behaviour; lack of effective
communication skills to share concerns; reliance on adults
Social/emotional difficulties
• Children with BESD issues: greater likelihood of risk-taking
behaviours; poorer impulse control, angry/violent outbursts
• External factors (characteristics of the family or external
environment)
Mental Health, SEN and Disability
• SEN – learning difficulties or disabilities that make it harder
for children to learn than most other children and young
people of about the same age. Their special needs include
social, emotional or mental health difficulties
• Disability – some children with mental health problems are
considered disabled under the Equality Act 2010. All schools
are under a duty not to discriminate on grounds of disability
Mental Health
Mental health symptoms as mental impairment under the
Equality Act 2010
Anxiety
Post traumatic stress disorder
Low mood
Some self-harming behaviour
Panic attacks
Depression
Phobias
Schizophrenia
Eating disorders
Autistic Spectrum disorders
Bipolar affective disorders
Dyslexia and Dyspraxia
Obsessive compulsive disorders Learning difficulties
Personality disorders
Mental Health
‘substantially adverse and long term effect on
their ability to carry out normal day to day
activities’
Keeping children safe
Why is it important legally?
- Obligations and liabilities ………………….
Legislation
S175 Education Act 2002
‘The Governing Body of a maintained schools shall make
arrangements for ensuring that their functions relating to
the conduct of the school are exercised with a view to
safeguarding and promoting the welfare of children who are
promoting the welfare of children who are pupils at the
school’
• Applies to LEA and FE sector
• Applies to Academies
Regulations
• Education (Independent Schools Standards) Regulations 2014
• Non-maintained Special Schools (England) Regulations 2015
Refers to Keeping Children Safe; requirement for Prevent
Strategy; requirement for incident books and records
(electronically not hard copies)
Guidelines
• Keeping Children Safe in Education 2016
‘Statutory Guidance for Schools and Colleges’
Must have regard to it
• Working together to Safeguard Children
• SEND Code of Practice 0 – 25
• National minimum standards for residential Special
Schools
• Teachers Standards 2012 require that teachers should
safeguard children’s wellbeing
Who does keeping children safe guidance apply to?
• ANY staff member
• ALL school staff have a responsibility to provide a safe
Environment in which children can learn
• EVERY school should have a designated safeguard lead – to
Support staff and to liaise with other service providers
• ALL staff should be prepared to identify children who may
benefit from early help
Common law duty of care
• Legal obligation imposed on an individual
requiring adherence to a standard of
reasonable care while performing acts that
could foreseeably harm others
• Higher duty of care given the identified risks
Ofsted
• Changes to Ofsted Common Inspection Framework 2015/16
Personal development behaviour and welfare – includes
reference to the essential components of self-discipline,
communication skills and positive mind set and attitudes.
• ‘Good’ requires pupils to enjoy learning about how to stay
healthy and about emotional and mental health, safe and
positive relationships
• ‘Outstanding’ requires schools to enable ‘students’ to make
choices about healthy eating and their emotional and mental
well-being
You will know you have got it wrong if….
• You get complaints or negligence claims from parents
• Exclusions are being overturned for not making reasonable
adjustments
• Staff are not raising concerns
• Ofsted mark you down
• FTT for Disability Discrimination
• Press involvement
• Policies are not being upheld
• Tragedies occur
Behaviour Emotional Social Difficulties
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P v Governing Body of a Primary School [2013]
Child attended BESD School
Child diagnosed as having Aspergers Syndrome and likely that
had ADHD. He was prone to aggressive and unpredictable
behaviour
Support had been put in place
Permanently excluded for kicking a TA
Parents complained to FTT on grounds of disability
discrimination
Behaviour Emotional Social Difficulties
• FTT found that child was not disabled in respect of the reasons
he was excluded because he had a tendency to violence
• Parents appealed to upper Tribunal on basis that consideration
not given to whether had made reasonable adjustments
• UP found that child had a diagnosis of Pathological Demand
Avoidance (PDA) and this plus ADHD meant he was disabled
• UT believed that action of the teacher had caused the violent
reaction and therefore was a direct result of his disability
• Therefore, failure to reasonably adjust meant parents
successful
Ofsted Judgements
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2015 Ofsted Judgement – School 1
‘Poor culture’ of safeguarding
‘Not kept abreast of statutory guidance’
Lack an overarching strategy for monitoring and evaluating
safeguarding arrangements’
Do not use the tools for evaluating the impact of the
safeguarding processes strategically to drive a clear
improvement strategy to address safeguarding/attendance
and behaviour issues
Ofsted Judgements
• Information to target improvements no used widely
• Lack of external validation of procedures and practices
• Not taking guidance on safer recruitment of staff re:
evidencing questions required of all candidates at interview
were asked
• No checks that spots staff have basic safeguarding awareness
training (support)
• No regular monitoring of Single Central Record
• No analysis of concerns
Ofsted Judgement
Ofsted Judgement – School 2
• Checks on staff suitability are not carried out swiftly enough
and pupils’ records are not kept up to date
Ofsted Judgement
Ofsted Judgement – School 3
• Safeguarding arrangements are very well organised and
maintained
• Students are shown how to use the internet safely
• They all learn about common dangers in personal, social and
health education – ‘social stories’, regular circle time and
assemblies. Take part in trips to local community e.g.
market, places of worship. Meet different people and learn
how to keep themselves safe in these situations. Learn how
to cross the road safely
Review
• Know what keeping safe means
• Know that it covers physical and mental health issues
• Know the legal significance
NEXT FOR DISCUSSION
• How to you evidence that you are taking steps to satisfy the
requirement that children in your schools are safe?
How to you meet the requirements?
• Internal
• External
Internal
• Safer recruitment
• Policies
safeguarding
ICT – resources/equipment
Mental Health
Trips and activities
• Procedures
• Records
• Training
• Risk Assessments
• Audit
• Best Practice
• Ethos
• Sign Language
External
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Collaboration
Referrals
Training
Certification
3rd party services
Helplines
New staff safer recruitment
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Working together to safeguard children (2015)
Prevent unsuitable people working with children
Promote safe practice and challenge poor and unsafe
behaviour
Obtaining a DBS check where appropriate
Ensure mandatory induction
Clear job description
Check references before interviews – request directly from
referee
New staff safer recruitment
• Is the reference on letterheaded paper? What is the referee
saying/not saying?
• Application form not CV – helps identify gaps
• Assessing motivation to work with children
• Statement of commitment to safeguarding
• Timing of process allows results of checks
• Ask about suitability and any previous child protection issues
• If you have concerns – ask
• Ask about any previous disciplinary or conduct issues – not
just live ones
New staff safer recruitment
• Panel interview
• If positive DBS disclosure – look at date, nature and
relevance. Keep risk assessment on file
• Barred list – do not employ
Existing staff
Culture:
• Evidence that the school has a culture of caring
• Sharing information – about a child’s needs and preferences –
child’s records – easy access to make notes
• Sharing best practice – what works, meetings
• Sharing care – not dependent one person only
Existing staff
Training:
• Keeping children safe relies on staff recognising early signs
of distress followed by an active action plan
• Emotional – withdrawn, changed
• Behavioural – outbursts, violent
• Physical – injuries, weight
• Mental – withdrawn, aggressive, depressed
• Specialist training for key staff
Existing staff
Code of conduct and Safeguarding Training:
• Regularity – register of attendance
• DSC – refreshed every 2 years
• Regular safeguarding updates annually (KCS)
Monitoring:
• Mentoring and supervision
• Record of interventions
• Using data to review procedure (how much restraint,
restriction of liberty?)
• Mix of residents – is it right?
Existing staff
Positions of responsibility:
• SENCO and SL working together, open communication and
collaboration
Understanding enforcement:
• Any member of staff can make a referral to Children’s Social
Care Services
Students
25% of all sexual abuse cases involve a perpetrator who is
under the age of 18
• Student mix review
• Bullying policy and procedure
• Behaviour policy
• Cyber bullying
• Friendships
• Feedback boxes – bullying or praise
• Sign language
SLT
• Effective policies and procedures need to be produced,
implemented and reviewed by SLT
• Appointment of DSL
Governing Body
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Duty
Duty
Duty
Duty
to
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challenge
be trained
monitor/check
look at data
Effective Policies
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Identify the issue/what you want to achieve
Identify the policy statements
Identify the procedures
Conduct research
Gather information
Enter into consultation
Draft and review
Adopt
Factor in review requirement
Policies
Safeguarding
SEN
Mental Health
Child Protection Policy
Supporting pupils with medical conditions policy
Procedures
• Make sure they are well documented
• Referral chart for issues or concerns
• Access to outside organisations and resources
• Distinguish between immediate danger and concerns
Insurance
RPA covers:
• Employers liability – for claims by employees
• Third party liability – accidental damage
• Professional indemnity – actual or alleged breach of
professional duty
Find out more
www.brownejacobson.com/education
Talk to us
Please note
The information contained in these notes is based on the position at
February 2017. It does, of course, only represent a summary of the
subject matter covered and is not intended to be a substitute for
detailed advice. If you would like to discuss any of the matters covered in
further detail, our team would be happy to do so.
© Browne Jacobson LLP 2017. Browne Jacobson LLP is a limited liability
partnership.
Julia Green | 01392 458727 | [email protected]