Safeguarding Policy Church schools serving their communities through excellence, exploration and encouragement within the love of God. The diocese of Lincoln is called to faithful worship, confident discipleship and joyful service and our church schools bear witness to our belief that every child is made in the image of God and loved by Him. They were founded for the good of their local communities so that children can be educated through the values and stories of Christianity. Policy Owner: CEO LAAT Policy Date: October 2015 Policy Review Date: September 2016 Excellence Exploration Encouragement Contents 1. Introduction .............................................................................. 2 2. Procedures ................................................................................ 2 3. Awareness & Prevention................................................................ 2 4. Support for Pupils who may have Suffered Abuse & Neglect .................... 3 5. Health & Safety Policy .................................................................. 4 6. First Aid ................................................................................... 4 7. Site Security .............................................................................. 4 8. Attendance ............................................................................... 5 9. Safer Recruitment including Staff Conduct ......................................... 5 10. Volunteers/ Visitors ..................................................................... 6 11. The Child Protection Policy ............................................................ 6 12. The Design of the Curriculum & Extra Curriculum Agenda ....................... 6 13. Internet Safety ........................................................................... 7 14. Diversity & Equality ..................................................................... 7 15. Behaviour Policy ......................................................................... 7 16. Anti-Bullying Policy ...................................................................... 8 17. Racial Respect & Understanding ..................................................... 8 18. Record Keeping .......................................................................... 8 19. Photographing & Videoing ............................................................. 9 20. Whistleblowing or Allegations Against a Member of Staff ........................ 9 21. Allegations against a Pupil ............................................................. 9 Appendix 1- Information Sharing Guidance for Schools and other Agencies Appendix 2- Further information on Child Sexual Exploitation and Female Genital Mutilation 1 Excellence Exploration Encouragement 1. Introduction 2. 1.1 The following policy may be adopted represent the practice of any LAAT school and academy. There are many areas of potential overlap with a range of other policies. These can be referenced in the relevant paragraphs. The Local Governing Body are expected to monitor policy and procedure through the LSCB safeguarding audit and return the audit to the Local Authority and LAAT. 1.2 The Local Safeguarding Children Board (LSCB) is the key statutory mechanism for agreeing how relevant organisations will co-operate to safeguard and promote the welfare of children and ensure the effectiveness of what they do. 1.3 This document is an overview of safeguarding work in schools. In the case of any serious incident schools should always make reference to formal LSCB guidance. Procedures 2.1 Safeguarding Arrangements According to Working Together 2013 there are two key principles that underpin safeguarding: Safeguarding is everyone’s responsibility A Child – Centred Approach Section 175 of the Education Act 2002 places a duty on local authorities (in relation to their education functions and governing bodies of maintained schools and further education institutions, which include sixth-form colleges) to exercise their functions with a view to safeguarding and promoting the welfare of children who are pupils at a school, or who are students under 18 years of age attending further education institutions. The same duty applies to independent schools (which include Academies and free schools) by virtue of regulations made under section 157 of the same Act. In order to fulfill their duty under sections 157 and 175 of the Education Act 2002, all educational settings to whom the duty applies should have in place the arrangements to develop and improve their practice and the practice of others. In addition schools should have regard to specific guidance given by the Secretary of State under sections 157 and 175 of the Education Act 2002 namely, Safeguarding Children and Safer Recruitment in Education and Dealing with allegations of abuse against teachers and other staff. 3. Awareness and Prevention 3.1 The government has published a policy (Keeping Children Safe in Education 2015 Dept of Education) and this school has used this in formulating its own safeguarding statement. 3.2 The definition of Safeguarding Children that schools work to is: 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. (Reference Working Together to Safeguard Children 2013 page 7) 2 Excellence Exploration Encouragement This definition covers the full spectrum of safeguarding: Universal safeguarding – Working to keep all children and young people safe and create safe environments for all children Targeted safeguarding – Some groups of children are more at risk than others, and it is important to target policies and services to these groups, to help keep them safe from harm i.e. children with additional needs or children in need Responsive safeguarding – Unfortunately, no matter what we do, there will always be some children and young people who suffer harm. We need to respond quickly and appropriately when this happens – supporting children and dealing with those who harm them i.e. children in need of protection. The school also works within a child protection system. Child protection is a part of safeguarding and promoting welfare. It refers to the activity that is undertaken to protect specific children who are suffering or are likely to suffer significant harm. (Reference Working Together to Safeguard Children 2013) 3.3 William Lovell Church of England Academy Safeguarding Children Statement William Lovell Church of England Academy fully recognises its responsibilities for safeguarding and promoting the health and well-being of all the children in its care. Our Designated Safeguarding lead for the school is Lee Wright and the deputy designated lead for the school is Kim Dunn We therefore strive to: Ensure we practice safer recruitment in compliance with the LSCB Standards for Safer Recruitment 2010 and Keeping Children Safe in Education 2014 Raise awareness of safeguarding issues and equip children with the skills needed to keep them safe Implement the LSCB procedures for identifying and reporting cases, or suspected cases, of abuse Support children who have been abused in accordance with the LSCB procedures Establish a safe environment in which children can learn and develop Ensure that all staff receive appropriate safeguarding training in compliance with the LSCB Training Strategy 3.4 Ensure Early Help Process is completed to support children (the Early Help Strategy can be accessed from the LSCB). 3.5 We are aware that because of the day-to-day contact with the children, school staff are well placed to observe the outward signs of harm. We, therefore, work hard to: Establish and maintain an environment where children feel secure, are encouraged to talk, and are listened to Ensure children know that there are adults in the school whom they can approach if they are worried 4. 4.1 Support for pupils who may have suffered abuse and neglect We are aware that children who are significantly harmed or at risk of significant harm or who witness violence may find it difficult to develop a sense of self-worth. They may feel helplessness, humiliation and some sense of blame. The school may be the only stable, secure and predictable element in the lives of children at risk. When at school their behaviour may be challenging and defiant or they may be withdrawn. The school will endeavour to support children through: The content of the curriculum Supporting the appropriate assessment of their needs The school ethos, which promotes a positive, supportive and secure environment and gives children a sense of being valued 3 Excellence Exploration Encouragement 5. The school behaviour policy, which is aimed at supporting vulnerable children in the school. The school will ensure that the child knows that some behaviour is unacceptable but they are valued and not blamed for any harm, which has occurred The school Anti- Bullying Policy/Emotional Health and Wellbeing policy is also aimed at protecting vulnerable pupils who may have been victims of abuse Liaison with other agencies that support the child such as Children’s Services, Child and Adolescent Mental Health Service, Education Welfare Service and Educational Psychology Service. The Health and Safety Policy 5.1 The school has a health and safety policy, which is monitored regularly by the Local Governing Body. A copy of this policy can be viewed by arrangement at the school office. 5.2 The school has a monitoring checklist, which has to be updated on a regular basis. The Head Teacher, the member of staff with responsibility for Health and Safety and the Governors with responsibility for Health and Safety oversee this comprehensive list. Any concerns from staff are reported to any of the above and the site supervisor carries out an initial examination, assessing what remedial action needs to take place. 5.3 Each term there is a fire drill that practices efficient evacuation from the buildings. The school conducts an annual Fire Risk Assessment. There is also a critical incidents plan that details what staff and parents should do in the case of emergencies. 5.4 Risk Assessments are undertaken for activities, visits, alternative provision, off site activities and trips. 6. 6.1 First Aid In school there are trained members of staff who oversee first aid. There are a number of first aid kits situated around school. When a child is poorly, or has suffered an accident in school or on the playground there is a protocol for staff to follow: A person trained in first aid is consulted The incident is logged in the accident book For head injuries a note to parents/carers is issued If there is any doubt at all a parent/carer is contacted In the case of serious accidents / injuries emergency ambulance services will be called. For guidance around giving pupils medicine please see separate Medicines Policy. 6.2 7. 7.1 For matters of an intimate nature, staff are informed to deal with a child with utmost sensitivity and always to seek guidance from the Head Teacher. In almost all situations the parents will be asked to come into school immediately so that they are part of the decision making process for such matters. In rare circumstances the appropriate emergency service will be contacted as a matter of urgency before the parent. Site security William Lovell Church of England Academy provides a secure site, which is controlled by precise management directives to which everyone on site must adhere. Laxity can cause potential problems to safeguarding. Therefore: Doors should be closed to prevent intrusion but to facilitate smooth exits Visitors, volunteers and students must only enter through the main entrance and after signing in at the office. Children will only be allowed home with adults who have parental responsibility or confirmed permission Empty classrooms should have windows that are closed 4 Excellence Exploration Encouragement Children should never be allowed to leave school alone during school hours, and if collected by an adult, signed out. Should a child leave the school premises without permission then staff have been informed never to chase after a child, but rather to report immediately to the office. Then parents and police will be informed of the circumstances. 8. Attendance 8.1 Excellent attendance is expected of all children. When children are unwell parents are expected to confirm absence by telephone immediately. If there is no notification school has a policy of phoning home to ascertain each child’s whereabouts. 8.2 The school works closely with the Local Authority’s Education Welfare Officer whenever a child’s attendance and punctuality causes concern. Attendance rates are collated each term and reported termly to the government, and to all parents. Positive measures are in place to encourage children to attend regularly and punctually and the school has a duty to report such issues to the LA and the LA has a duty to consider investigating the issues and in some cases to instigate legal action. NB Be aware that absence can be an indicator of other issues including those around safeguarding. 8.3 Children Missing from School The Education and Inspectors Act 2006 places a duty on Local Authorities to establish the identities of children missing from education in their area. The school must comply with the LSCB Missing Children procedures. The school will explore why children are not in school and report as per the LSCB procedure to the Education Welfare Service. Relevant staff will be trained on understanding the additional vulnerabilities that missing children may have. All schools should refer to Local Authority Children Missing in Education Policy prior to removing any child from a school roll and should endeavour to ascertain the whereabouts of a child prior to this removal. Unless the school is satisfied that a child has immediately gone on roll of another school (in or out of county), a children missing education referral form should be completed and forwarded to the Education Welfare Service for investigation. Current legislation is in place to identify when a child may or may not be removed from roll. 9. 9.1 Safer Recruitment including Staff Conduct Appointments of staff and induction of newly appointed staff and work placements in accordance with LAAT’s Recruitment and Selection policy. All staff appointed to schools will be in compliance with "Keeping Children Safe in Education “(March 2015) and will operate within the LSCB Standards for Safer Recruitment procedures (2010). People working and volunteering in schools are required by law to have a Disclosure and Barring Service (DBS) check at the enhanced level. This will provide any information to the registered body on any convictions, cautions or other police information relevant to the work. LAAT will consider the relevance of information on the DBS clearance and may seek further information in line with the Safer Recruitment Policy if there is a cause for concern. Where there is evidence to suggest a risk to working with children a decision will be taken by LAAT in consultation with the Head teacher and/or Chair of Governors / LADO as to whether to progress the appointment or not. 9.2 At least one member of the recruitment panel will have completed the accredited safer recruitment training. Further information and advice regarding safer recruitment issues can be obtained through the LAAT’s Human Resources team. 9.3 All new staff in the school will receive an induction programme including safeguarding children. New school staff will undergo Level 2 Child Protection Awareness training. Training can be accessed from the LSCB or may be delivered in house. . 5 Excellence Exploration Encouragement 9.4 All staff will receive, read and adhere to the Code of Conduct policy and act safely and appropriately towards all children. 10. Volunteers/Visitors 10.1 Induction of volunteers For extended contact with children, when children may be left alone with an adult, or when an adult visitor may be in and around the school building the school initiates an enhanced DBS search. Visitors, who do not yet have clearance, will under no circumstance be left alone with a child or group of children. 10.2 Welcoming visitors It is the responsibility of the employing statutory agency of the professional personnel visiting schools to ensure that their staff have appropriate and up to date DBS checks in place. The school will assume that these appropriate DBS checks are in place but can request confirmation of staff identity and DBS clearance at any time should they deem it necessary. All professional personnel visiting schools will have appropriate identity, which they must produce upon visiting the school. The school will check identity of staff before admittance into the school and all visitors will be expected to sign in. People undertaking work on site who may not have a DBS check as it is not pertinent to their employment will not have unaccompanied access to children. All other visitors to the school will be accompanied at all times by staff in the school. 11. The Child Protection Policy 11.1 The designated senior lead for Child Protection is Lee Wright and the designated governor responsible for liaising with LAAT, the local authority and/or partner agencies, as appropriate in the event of allegations being made against the Headteacher is Bishop David Rossdale (Chair of the Board). It is the LAAT’s duty to ensure the policy is reviewed annually and any deficiencies within the policy addressed immediately. Certain governors and all staff have had appropriate Child Protection Training, which is updated at least every three years. 11.2 The child protection policy includes a statement on physical restraint. This school follows DCSF guidelines 10/98 which asserts that physical restraint may be used if there is the possibility that a child may be about to cause harm to him/ herself or to another. It also asserts that on no occasion should such physical contact be used as a punishment. (There may be a Positive Handling Policy) 11.3 All concerns regarding children at risk of significant harm will be dealt with following the LSCB Procedures via the schools Child Protection Coordinator. The contact details for referrals to 01522 782111. The out of hour Emergency Duty Team (EDT) can be contacted on 01522 782333. 12. The Design of the Curriculum and the Extra Curriculum Agenda 12.1 The curriculum deals with safeguarding in two ways. Firstly, the curriculum in Personal, Social and Health Education, where relevant issues are discussed with the children. Topics include such themes as Drugs, Sex and Relationships and Stranger Danger, Child Sexual Exploitation and Female Genital Mutilation. Children are encouraged to explore and reflect upon these issues. 12.2 Secondly, the curriculum is designed so that safety issues within the subject are discussed, and safe practices taught, such as using equipment properly in PE and Design and Technology. At all times there has to be appropriate staffing levels and when the curriculum is taken out of school, appropriate and agreed pupil/adult ratios are maintained. The lead adult always assesses visits as to the level of risk and all trips are finally authorised by the Head Teacher. Visiting speakers, with correct clearance, are always welcome into school so that they can give specialist knowledge to the children. 6 Excellence Exploration Encouragement 12.3 Introduction and development of a range of PSE materials including SEAL helps to develop resilience and reduce vulnerability. The resources focus on teaching social, emotional and behavioural skills to all pupils. This helps to develop student’s emotional health and wellbeing. Children and young people with good self-esteem value and seek to protect themselves and others. 13. Internet Safety 13.1 13.2 13.3 Children should be encouraged to use the internet as much as is possible, but, at all times, in a safe way. Parents are asked each year if they agree to their child using the internet. Pupils must never be left unattended whilst online and teachers should ensure that this does not happen. If teachers know of misuse, either by a teacher or child, the issue should be reported to the Head Teacher without delay. The school will ensure safe internet provision through its internet provider. The school will operate in compliance with the agreed ICT User Policy. The school is encouraged to update this guidance on E safety to comply with the LSCB procedure. 14. Diversity and Equality 14.1 The school will comply with the Equality Act 2010 14.1a The school will operate in compliance with the Equality and Diversity Policy. 14.2 At William Lovell Church of England Academy we try to ensure that everyone is treated fairly. All children are given equal access to the school and its curriculum and all at William Lovell Church of England Academy are considered equal in the learning partnership. When children have special needs we make arrangements to inform parents and design specific programmes. 14.3 Children with disabilities must be able to take a full and active part in every lesson and every measure must be taken to ensure this. 15. Behaviour Policy Good behaviour is essential in any community and at William Lovell Church of England Academy we have high expectations for this. Our Behaviour Policy details the rewards and sanctions available to staff. Although the emphasis is always on the positive there are also times when children have to be disciplined in order to maintain the safety and security of all children. There are numerous rewards available to children: Stickers Merit sticker charts Showing the Headteacher good work Showing another teacher good work Certificates Cups Ceion Assembly/Worship End of term treats (individual and whole house points) The consequences for poor behaviour range from: A telling off Warning Crosses Being removed from the class for a short period Loss of playtime 7 Excellence Exploration Encouragement Reporting to a senior member of staff or the Headteacher A letter home Isolation Exclusion Staff are discouraged from handling children, but when they deem it is safest to do so, guidance has been given on safe methods of restraining a child so that they do not harm either themselves or others. 16. Anti-Bullying Policy The William Lovell Church of England Academy definition of bullying is: "Bullying is a behaviour which can be defined as a repeated attack, physical, psychological, social or verbal by nature, by those in a position of power which is formally or situationally defined, with the intention of causing distress for their own gratification.” (Besag, 1989) The school agree with The Anti-Bullying Alliance, that bullying falls into 2 categories: emotionally harmful behaviours such as taunting, spreading hurtful rumours, cyberbullying and excluding people from groups and: physically harmful behaviours such as kicking, hitting, pushing or other forms of physical abuse. and it is bullying if: It is repetitive, willful or persistent It is intentionally harmful, carried out by an individual or group There is an imbalance of power leaving the person who is bullied feeling defenceless The school’s response to this is unequivocal. Adults must be informed immediately and action will take place. Children are encouraged to ‘TELL’. Although bullying in this school is rare the school always acts swiftly with a process of investigation, communication and action. Bullying will not be tolerated. 17. Racial respect and understanding 17.1 In line with the Equality and Diversity Policy the school asserts that pupils will be prepared for an ethnically diverse society. The school will work hard to promote racial equality and harmony by preventing and challenging racism. If anyone ever feels unjustly treated then the school welcomes and values a response. It is in working together that we will make William Lovell Church of England Academy even better. 17.2 Racism is tackled in both the RE and in the PSHE curricula. The children take part in discussions designed to raise awareness and address prejudices. From time to time visitors work with the children. 17.3 The school operates in line with the Prevent Agenda. 18. Record Keeping We take account of guidance issued by the Department for Education to: Keep written records of concerns about children, even where there is no need to refer immediately. Ensure all records are kept securely; separate from the main pupil file, and in locked locations. Ensure that, when a child who is subject to a child protection plan leaves, their information is transferred to the new school immediately and that the child’s social worker is informed. 8 Excellence Exploration Encouragement 19. Photographing and videoing At William Lovell Church of England Academy we have taken a sensible, balanced approach to photographs and videoing in schools and schools activities outside the school. The school will seek individual permission from parents/guardian to photograph the individual child; this may be done upon entry to the school at the beginning of the school year. For group activities, permission will be sought from all parents/guardians. If an individual parent does not agree to the photographing or videoing of their child in the group activity this may prohibit photographing or videoing the group activity or it will be done sensitively without including the specific child in the photographs or video. The school will operate within the above guidelines, which allows parents to photograph or video. School photographs that are for use outside school are anonymous unless specific permission has been received from parents/guardian. 20. Whistle-blowing or Allegations against a member of staff Any member of staff or visitor to the school who has concerns about people working with children and their suitability, whether they work in a paid or unpaid capacity has a responsibility to follow the LSCB Managing Allegations Against People who work with Children Procedures. They should notify the The Local Authority Designated Officer (LADO). All concerns reported will be appropriately recorded and information treated according to the school confidentiality policy. For any complaints about the Head Teacher the Chair of Governors should be contacted directly. Further guidance is available from the DfE website Dealing with Allegations of abuse against Teachers and other staff – Guidance for LA, Head teachers, School staff, Governing Bodies and proprietors of Independent Schools. 21. Allegation against a pupil This will be dealt with via the schools Behaviour Policy. Where there is a referral to Children services or subject to a Police investigation, risk assessments of the situation will be completed and shared with appropriate staff parents and other agencies involved. 9 Excellence Exploration Encouragement Appendix 1 Name of School: Information Sharing Guidance for Schools and other Agencies Whose consent should be sought – children and young people The following guidance has been written to assist with professional decision-making when receiving information from children and young people or considering providing children and young people with a service. 1. You may need to consider whose consent should be sought. Where there is a duty of confidence, it is owed to the person who has provided the information on the understanding it is to be kept confidential. It is also owed to the person to whom the information relates, if different from the information provider. 2. A child or young person, who has the capacity to understand and make their own decisions, may give (or refuse) consent to sharing. Children aged 12 or over may generally be expected to have sufficient understanding. Younger children may also have sufficient understanding. As explained below in Section 3, this is presumed in law for young people aged 16 and older. When assessing a child’s understanding you should explain the issues to the child in a way that is suitable for their age, language and likely understanding. Where applicable, you should use their preferred mode of communication. 3. The following criteria should be considered in assessing whether a particular child or young person on a particular occasion has sufficient understanding to consent, or to refuse consent, to sharing of information about them: Can the child or young person understand the question being asked of them? Do they have a reasonable understanding of: What information might be shared; the main reason or reasons for sharing the information; and the implications of sharing that information, and of not sharing it? Can they: appreciate and consider the alternative courses of action open to them; weigh up one aspect of the situation against another; express a clear personal view on the matter, as distinct from repeating what someone else thinks they should do; and be reasonably consistent in their view on the matter, or are they constantly changing their mind? 4. Considerations about whether a child has sufficient understanding are often referred to as Fraser guidelines, although these were formulated with reference to contraception and contain specific considerations not included above. For more details see the Glossary Section of Information Sharing: Guidance for practitioners and managers. 5. In most cases, where a child cannot consent or where you have judged that they are not competent to consent, a person with parental responsibility should be asked to consent on behalf of the child. If a child or young person is judged not to have the capacity to make decisions, their views should still be sought as far as possible. 6. Where parental consent is required, the consent of one such person is sufficient. In situations where family members are in conflict you will need to consider carefully whose consent should be sought. If the parents are separated, the consent would usually be sought from the parent with whom the child resides. If a care order is in force, the local authority will share parental responsibility with parent(s) and practitioners should liaise with them about questions of consent. 10 Excellence Exploration Encouragement 7. If you judge a child or young person to be competent to give consent, then their consent or refusal to consent is the one to consider, even if a parent or carer disagrees. Where parental consent is not required, you should encourage the young person to discuss the issue with their parents. However, you should not withhold the service on the condition that they do so. 8. These issues can raise difficult dilemmas. Wherever appropriate you should try to work with all involved to reach an agreement or understanding of the information to be shared. You must always act in accordance with your professional code of practice where there is one and consider the safety and well-being of the child, even where that means overriding refusal to consent. You should seek advice from your manager or nominated advisor if you are unsure. 9. Case examples. a. Lexi is a young woman aged 15 who is deemed to have sufficient understanding (as described above in Section 3). Lexi attends a drop-in session with a school nurse to ask for contraception. The school nurse asked Lexi questions about the age of her partner and the nature of their relationship. Lexi asked for this to be kept confidential from her parents and school. The school nurse was satisfied that this was an underage but healthy relationship and there are no identified safeguarding issues. In this case 1) The school have no right to know why Lexi visited the drop-in or ask her about this 2) The school have no right to inform parents that Lexi has been to the drop-in session without Lexi’s consent 3) The school nurse has no right to inform the school or Lexi’s parents about her involvement or the nature of the advice given without Lexi’s consent 4) Breach of consent may lead to Lexi losing her trust in the school nursing service and the school and prevent her from sharing information, which could be of a safeguarding nature, in the future b. John is 14 years of age and is deemed to have sufficient understanding. On a couple of occasions John has touched the outside of two different girl’s thighs whilst sitting next to them in class. John has been challenged about this by school staff and John’s father has been asked to come into school after the second incident. The school have offered to refer John for some sessions on personal space with a sex and relationships professional who works with other young people in the school. John accepts that his behaviour is unacceptable and is willing to attend the sessions with the worker. John’s father refuses to allow John to attend. In this case 1) School should arrange for John to have the sessions, without his father knowing if required, as John’s consent overrides that of his father 2) If the school followed the father’s wishes and did not provide John with the support they would be denying John his right to the service 3) Without the support, John’s behaviour could escalate in the future and become a safeguarding issue. c. Sarah is 15 years old. Today she has attended the school nurse drop-in session in school. Sarah has seen the nurse before as she’s felt a bit down lately. The nurse notices some superficial cuts on Sarah’s arms. When she asks Sarah about them she pulls her sleeve down and crosses her arms. The nurse notices that Sarah smells of body odour today – she normally takes pride in how she looks. The nurse asks Sarah if anything has changed recently. The school nurse established from Sarah that she had fallen out with her Mum and stayed with a friend last night – she wouldn’t say who. The nurse tells Sarah that she is concerned about these issues and needs to share them with Children’s Services Single Point of Access. Sarah gets angry and upset and urges the nurse not to speak to anyone else. In this case 11 Excellence Exploration Encouragement 1) There are several warning signs that suggest Sarah might be being sexually exploited – change in appearance/self-care, poor mental health, self-harm and missing from home overnight. 2) Although Sarah might be deemed to have sufficient understanding to determine who information should be shared with, the warning signs suggest Sarah might be involved in child sexual exploitation which would mean she was suffering significant harm The school nurse should tell Sarah she has a duty to make a referral to Children’s Services. For further information see the Supplementary Procedure and Guidance on Safeguarding Children and Young People from Child Sexual Exploitation. LGB collective responsibilities for Child Protection The school has a child protection policy and procedures in place that are in accordance with LSCB guidance and locally agreed inter-agency procedures, and the policy is made available to parents on request. The school operates safe recruitment procedures and makes sure that all appropriate checks are carried out on new staff and volunteers who will work with children, including Disclosure and Barring Service check. All records obtained during the selection process are copied to H.R. Service. The school maintain personnel records with a safeguarding checklist on each file. Safe recruitment practice means scrutinising applicants, verifying identity and any academic or vocational qualifications, obtaining professional and character references, checking previous employment history and that a candidate has the health and physical capacity for the job, at a face to face interview. Prior to appointment a medical check will have been undertaken. The school has procedures for dealing with allegations of abuse and neglect against members of staff and volunteers that comply with guidance from the LSCB and locally agreed inter-agency procedures. The school has a senior member of the school’s leadership team who is designated to take lead responsibility for dealing with child protection issues, providing advice and support to other staff, liaising with the LA, and working with other agencies. The designated person need not be a teacher but must have the status and authority within the school management structure to carry out the duties of the post including committing resources to child protection matters, and where appropriate directing other staff. NB in many schools a single designated senior lead will be sufficient, but a deputy should be available to act in the designated person’s absence. In large establishments, or those with a large number of child protection concerns, it may be necessary to have a number of deputies to deal with the workload. In addition to basic child protection awareness training, the designated person undertakes training in inter-agency working that is provided by, or to standards agreed by, the LSCB, and refresher training at 2 yearly intervals to keep his/her knowledge and skills up to date. The head teacher, and all other staff who work with children undertake appropriate training to equip them to carry out their responsibilities for child protection effectively that is kept up to date by refresher training at 3 yearly intervals and regular updates in the interim period. Temporary staff and volunteers who work with children are made aware of the school’s arrangements for child protection and their responsibilities. The local governing body remedies any deficiencies or weaknesses in regard to child protection arrangements that are brought to its attention without delay. A member of the local governing body (usually the chair) is nominated to be responsible for liaising with the Local Authority Designated Officer (LADO) and/or partner agencies, as appropriate in the event of allegations of abuse being made against the head teacher. Child protection is a collective responsibility for the governing body. The key role of a nominated governor is limited to acting for the school if an allegation is made against the head teacher. Ideally that person should be the chair of governors. The LADO contact details are: Anne Faulkner – Tel: 01522 554668 Ursula Morton – Tel: 01522 554674 12 Excellence Exploration Encouragement The LAAT reviews its policies and procedures annually. Whose consent should be sought – children and young people The following guidance has been written to assist with professional decision-making when receiving information from children and young people or considering providing children and young people with a service. 10. You may need to consider whose consent should be sought. Where there is a duty of confidence, it is owed to the person who has provided the information on the understanding it is to be kept confidential. It is also owed to the person to whom the information relates, if different from the information provider. 11. A child or young person, who has the capacity to understand and make their own decisions, may give (or refuse) consent to sharing. Children aged 12 or over may generally be expected to have sufficient understanding. Younger children may also have sufficient understanding. As explained below in Section 3, this is presumed in law for young people aged 16 and older. When assessing a child’s understanding you should explain the issues to the child in a way that is suitable for their age, language and likely understanding. Where applicable, you should use their preferred mode of communication. 12. The following criteria should be considered in assessing whether a particular child or young person on a particular occasion has sufficient understanding to consent, or to refuse consent, to sharing of information about them: Can the child or young person understand the question being asked of them? Do they have a reasonable understanding of: What information might be shared; the main reason or reasons for sharing the information; and the implications of sharing that information, and of not sharing it? Can they: appreciate and consider the alternative courses of action open to them; weigh up one aspect of the situation against another; express a clear personal view on the matter, as distinct from repeating what someone else thinks they should do; and be reasonably consistent in their view on the matter, or are they constantly changing their mind? 13. Considerations about whether a child has sufficient understanding are often referred to as Fraser guidelines, although these were formulated with reference to contraception and contain specific considerations not included above. For more details see the Glossary Section of Information Sharing: Guidance for practitioners and managers. 14. In most cases, where a child cannot consent or where you have judged that they are not competent to consent, a person with parental responsibility should be asked to consent on behalf of the child. If a child or young person is judged not to have the capacity to make decisions, their views should still be sought as far as possible. 15. Where parental consent is required, the consent of one such person is sufficient. In situations where family members are in conflict you will need to consider carefully whose consent should be sought. If the parents are separated, the consent would usually be sought from the parent with whom the child resides. If a care order is in force, the local authority will share parental responsibility with parent(s) and practitioners should liaise with them about questions of consent. 13 Excellence Exploration Encouragement 16. If you judge a child or young person to be competent to give consent, then their consent or refusal to consent is the one to consider, even if a parent or carer disagrees. Where parental consent is not required, you should encourage the young person to discuss the issue with their parents. However, you should not withhold the service on the condition that they do so. 17. These issues can raise difficult dilemmas. Wherever appropriate you should try to work with all involved to reach an agreement or understanding of the information to be shared. You must always act in accordance with your professional code of practice where there is one and consider the safety and well-being of the child, even where that means overriding refusal to consent. You should seek advice from your manager or nominated advisor if you are unsure. 18. Case examples. a. Lexi is a young woman aged 15 who is deemed to have sufficient understanding (as described above in Section 3). Lexi attends a drop-in session with a school nurse to ask for contraception. The school nurse asked Lexi questions about the age of her partner and the nature of their relationship. Lexi asked for this to be kept confidential from her parents and school. The school nurse was satisfied that this was an underage but healthy relationship and there are no identified safeguarding issues. In this case 5) The school have no right to know why Lexi visited the drop-in or ask her about this 6) The school have no right to inform parents that Lexi has been to the drop-in session without Lexi’s consent 7) The school nurse has no right to inform the school or Lexi’s parents about her involvement or the nature of the advice given without Lexi’s consent 8) Breach of consent may lead to Lexi losing her trust in the school nursing service and the school and prevent her from sharing information, which could be of a safeguarding nature, in the future b. John is 14 years of age and is deemed to have sufficient understanding. On a couple of occasions John has touched the outside of two different girl’s thighs whilst sitting next to them in class. John has been challenged about this by school staff and John’s father has been asked to come into school after the second incident. The school have offered to refer John for some sessions on personal space with a sex and relationships professional who works with other young people in the school. John accepts that his behaviour is unacceptable and is willing to attend the sessions with the worker. John’s father refuses to allow John to attend. In this case 4) School should arrange for John to have the sessions, without his father knowing if required, as John’s consent overrides that of his father 5) If the school followed the father’s wishes and did not provide John with the support they would be denying John his right to the service 6) Without the support, John’s behaviour could escalate in the future and become a safeguarding issue. c. Sarah is 15 years old. Today she has attended the school nurse drop-in session in school. Sarah has seen the nurse before as she’s felt a bit down lately. The nurse notices some superficial cuts on Sarah’s arms. When she asks Sarah about them she pulls her sleeve down and crosses her arms. The nurse notices that Sarah smells of body odour today – she normally takes pride in how she looks. The nurse asks Sarah if anything has changed recently. The school nurse established from Sarah that she had fallen out with her Mum and stayed with a friend last night – she wouldn’t say who. The nurse tells Sarah that she is concerned about these issues and needs to share them with Children’s Services Single Point of Access. Sarah gets angry and upset and urges the nurse not to speak to anyone else. 14 Excellence Exploration Encouragement In this case 3) There are several warning signs that suggest Sarah might be being sexually exploited – change in appearance/self-care, poor mental health, self-harm and missing from home overnight. 4) Although Sarah might be deemed to have sufficient understanding to determine who information should be shared with, the warning signs suggest Sarah might be involved in child sexual exploitation which would mean she was suffering significant harm The school nurse should tell Sarah she has a duty to make a referral to Children’s Services. For further information see the Supplementary Procedure and Guidance on Safeguarding Children and Young People from Child Sexual Exploitation. 15 Excellence Exploration Encouragement Appendix 2 Further information on Child Sexual Exploitation and Female Genital Mutilation Child sexual exploitation (CSE) involves exploitative situations, contexts and relationships where young people receive something (for example food, accommodation, drugs, alcohol, gifts, money or in some cases simply affection) as a result of engaging in sexual activities. Sexual exploitation can take many forms ranging from the seemingly ‘consensual’ relationship where sex is exchanged for affection or gifts, to serious organised crime by gangs and groups. What marks out exploitation is an imbalance of power in the relationship. The perpetrator always holds some kind of power over the victim which increases as the exploitative relationship develops. Sexual exploitation involves varying degrees of coercion, intimidation or enticement, including unwanted pressure from peers to have sex, sexual bullying including cyberbullying and grooming. However, it also important to recognise that some young people who are being sexually exploited do not exhibit any external signs of this abuse. Female Genital Mutilation (FGM): professionals in all agencies, and individuals and groups in relevant communities, need to be alert to the possibility of a girl being at risk of FGM, or already having suffered FGM. There is a range of potential indicators that a child or young person may be at risk of FGM, which individually may not indicate risk but if there are two or more indicators present this could signal a risk to the child or young person. Victims of FGM are likely to come from a community that is known to practise FGM. Professionals should note that girls at risk of FGM may not yet be aware of the practice or that it may be conducted on them, so sensitivity should always be shown when approaching the subject. Warning signs that FGM may be about to take place, or may have already taken place, can be found on pages 11-12 of the Multi-Agency Practice Guidelines referred to previously. Staff should activate local safeguarding procedures, using existing national and local protocols for multi-agency liaison with police and children’s social care. 16 Excellence Exploration Encouragement
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